State v. Bilodeau

Because I disagree, based upon the evidence presented, that the State proved beyond a reasonable doubt that the defendant’s confession was voluntary, I respectfully dissent.

The New Hampshire Constitution provides in part that “[n]o subject shall be ... compelled to accuse or furnish evidence against himself.” N.H. CONST, pt. I, art. 15. Part I, Article 15 guarantees every citizen due process of the law. State v. Damiano, 124 N.H. 742, 746 (1984). Because “a defendant’s constitutional guarantees of due process may not be violated without the involvement of a State actor,” State v. Nickerson,…