No. 23-5371

Judith Tompson v. New Hampshire

Lower Court: New Hampshire
Docketed: 2023-08-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: body-camera-evidence due-process fair-trial harmless-error legal-licensing police-misconduct police-prosecution privacy-rights rsa-105-d:2 statutory-violation
Key Terms:
AdministrativeLaw Privacy JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Whether theNH Supreme Court should allow a NH district court judge to prosecute cases from, the
bench; as a former Conway prosecutor, while using active police officers as prosecutors at trial when NH
requires all attorneys acting before the NH courts be NH licensed attorneys in the state with further
requirements that attorneys licensed in other states be shadowed by a NH licensed attorney before the
tribunal.

2. Whether a defendant receives a fair trial, while prosecuted by an active police officer at trial, with no
license to practice law in the state after receiving a citation from the same police department the
prosecuting police officer works in within the city when the complainant and witness is the City Mayor.

3. Whether the NH Supreme Court erred in determining harmless error.

4. Whether the NH Supreme Court erred in failing to strike Berlin NH Ordinance Section 13-4.

5. Whether the two (2) police officers issuing the citation violated state law RSA 105-D:2.

6. Whether defendant 's privacy rights were violated by being videotaped on her private property twice
without required Notice by the initial police officer as mandated by RSA 105-D:2.

7. Whether Police Officer Joshua White violated RSA 105-D:2 when he knowingly and admittedly failed to notify
Defendant she was being recorded via police body camera on two separatee occasions. Raised and preserved for
appeal via Court Hearing dated 04/28/2022. Police Narrative Admission. Plain Error Issue. Hearing, p.5 §19-23.
Trial, p. 40, §6-11. Trial, p. 49, §10-23.

8. Whether the NH courts erred in failing to issue an arrest warrant for Berlin Police Officer Joshua White for
RSA 105-D:2 violations. Raised and preserved for appeal via Hearing dated 04/28/2022. Plain Error Issue.

9. Whether the NH Supreme Court erred in failing to reverse the case due to Police Misconduct of RSA 105-D:2
violations.

10. Whether the NH Supreme Court erred in allowing body camera photographs as evidence against Defendant in
this case upon appellate review.

11. Whether the NH Supreme Court erred in failing to review Defendant 's Motion to Dismiss Due to Police
Violation of Law, dated 06/06/22. Raised and preserved for appeal via Hearing dated 04/28/22. Raised and
preserved for appeal via filed Motion to Dismiss Due to Police Violation of Law, dated 06/06/22. Plain Error
Issue. Trial, p. 47, § 1 -5.

12. Whether the NH Supreme Court erred in failing to address the police admission raised by Motion in Response
to Plaintiff Objection, dated 06/10/22, to be discussed at trial as defense. The Motion was not denied by the Court.
The Court stated, "Defendant shall not file any other pleadings prior to trial where she may present her defense. "
The Court refused to allow Defendant the right to address the issue at trial. The issue is a full Admission by
police. Plain Error Issue. Trial, p. 47, §11-25.

13. Whether the NH Supreme Court erred in refusing to address the issues raised by Motion for Reconsideration
to Strike Berlin Ordinance Section 13-4, dated 06/17/22, to be discussed at trial as defense. The Motion was not

Question Presented (AI Summary)

whether-nh-supreme-court-should-allow-nh-district-court-judge-to-prosecute-cases

Docket Entries

2023-10-02
Petition DENIED.
2023-09-08
Waiver of right of respondent City of Berlin, New Hampshire to respond filed.
2023-09-07
DISTRIBUTED for Conference of 9/26/2023.
2023-09-06
Waiver of right of respondent State of New Hampshire to respond filed.
2023-08-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 15, 2023)

Attorneys

City of Berlin, New Hampshire
William K. WarrenDonahue, Tucker & Ciandella, PLLC, Respondent
Judith Tompson
Judith Tompson — Petitioner
State of New Hampshire
Anthony Jordan GaldieriNew Hampshire Department of Justice, Respondent