State v. Addison
| Decision Date | 09 July 2009 |
| Docket Number | No. 2008-945.,2008-945. |
| Parties | The STATE of New Hampshire v. Michael ADDISON. |
| Court | New Hampshire Supreme Court |
The defendant, Michael Addison, was convicted of capital murder, see RSA 630:1, I(a) (2007), and sentenced to death. His conviction and sentence are now on appeal. See RSA 630:5 (2007). The issue currently before us is whether special appellate rules must be adopted prior to any review of the merits of the appeal.
The record reveals the following procedural posture. On December 18, 2008, a jury recommended that the defendant be sentenced to death. On December 22, 2008, the Superior Court (McGuire, J.) imposed the sentence. On December 31, 2008, we opened the present appeal pursuant to RSA 630:5, X. In doing so, we requested that the parties submit a joint response as to the recommended procedure and schedule to be followed for this case. We requested the parties address five questions. The questions, together with the parties' answers, follow:
Question 1: The nature of the court's automatic review of the judgment of convictions provided for in RSA 630:5, including whether it differs from appellate review of a conviction in a criminal case under Supreme Court Rule 7, and, if so, how it differs. ...
Answer 1: While the nature of the automatic review may differ in a case where the defendant does not intend to file a notice of appeal outlining the issues to be heard on appeal, the defendant in the case at bar intends to file a notice of appeal pursuant to Rule 7. The defendant has timely filed several post-trial motions in superior court, which have tolled the time limit for the filing of the notice of appeal. See N.H. S.Ct. R. 7(1)(C). Following resolution of those motions, which are scheduled to be heard on March 6, 2009, the defendant intends to file a notice of appeal challenging both the judgment of conviction and the sentence of death. The mechanics of appellate review in this case may differ from a typical Rule 7 case if the Court adopts special rules to govern the factors in RSA 630:5, XI. ... The defense will request that the Court adopt rules, and the State will argue that additional rules are not necessary.
Question 2: The effect of the provision in RSA 630:5, X, that requires this court's automatic review to occur within 60 days after certification of the record by the sentencing court, which may be extended for an additional period of 30 days for good cause. ...
Answer 2: The parties agree that RSA 630:5, X, does not require the case be briefed and decided within the 60-day time limit. Indeed, given the record in this case and the issues to be decided, any such time limitation is unworkable. Rather, paragraph X only requires that the case be "subject to automatic review" within the 60-day time frame. The parties interpret this time frame to apply in those cases in which a defendant does not intend to file a notice of appeal outlining the issues to be heard on appeal. In other words, in that situation, this Court would have to accept the appeal and identify the issues to be heard on appeal within 60 days of receiving the complete record. In the present case, the defense will file an appeal of both the capital murder conviction and sentence of death under Rule 7. The appeal will raise all issues described in RSA 630:5, XI. To the extent that the appeal addresses the factors outlined in RSA 630:5, XI, the defense argues that Rule 7 does not provide the procedures necessary for appellate review. The defense maintains its position, as noted in earlier pleadings before this Court, that additional, specific rules of appellate procedure are required by RSA 630:5, X, and both the state and federal constitutions. It will advance this position in a separate memorandum. ... The State intends to argue that no such additional, specific rules of appellate procedure are necessary to decide a capital murder appeal.
Question 3: The process that the court should follow in reviewing the sentence of death, and in making the specific determinations required by RSA 630:5, XI. ...
Answer 3: The parties have conferred and cannot agree on the answer to this question. The parties intend to file separate memoranda outlining their respective positions on this issue.
Question 4: The effect, if any, that the filing of appeals by the defendant of convictions that were considered aggravating factors under RSA 630:5, VII, should have on review in this case. ...
Answer 4: The parties agree that the appeals of the non-capital convictions, which were considered as aggravating factors, should be heard and decided before the appeal of the conviction or sentence in the capital murder case is briefed. In other words, briefing of the capital murder conviction and death sentence should not begin until after this Court decides the appeals in the following cases: State v. Michael Addison, No. 2009-0047 (Edward J. Roy Drive); State v. Michael Addison, No. 2009-0046 (7-Eleven robbery); State v. Michael Addison, No. 2009-0048 (El Mexicano robbery). This will allow the parties to address the impact of the resolution of those appeals on the capital murder conviction and death sentence.
The defendant intends to argue that this Court should additionally review a legal issue regarding certain Massachusetts convictions upon which the State relied as aggravators. The State does not agree that this issue should be considered at the same time as those set forth in [the previous paragraph]. The defendant will set forth his position in a separate memorandum, to which the State may respond after the defendant has filed his memorandum on this issue.
Question 5: The procedure that the court should follow in reviewing the judgment of conviction and the penalty of death; specifically, whether review of the judgment of conviction and review of the penalty of death should be bifurcated.
Answer 5: The parties agree that this Court should defer ruling on the briefing schedule for the capital murder conviction and death sentence until after the defendant has filed his Rule 7 notice of appeal. This will allow the Court and the parties to evaluate whether issues can be grouped for briefing and argument. The parties are willing to confer and propose a briefing schedule following the filing of the notice of appeal.
As indicated above, the parties could not agree upon a joint response as to the third question regarding the process we should follow in reviewing the sentence of death and making the specific determinations required by RSA 630:5, XI. It is this issue that we address here.
The State argues that the appellate process in this case is no different than in any other, and that our ordinary rules of appellate procedure and case law define the requisite standards for our review pursuant to RSA 630:5, XI. The defendant contends that the plain language of RSA 630:5, XI, as well as the State and Federal Constitutions, require that our review be conducted under special rules. The defendant therefore moves for a stay of appellate review pending the adoption of rules pursuant to Supreme Court Rule 51.
In addressing the parties' arguments, we first look to the capital murder appeals statute. In matters of statutory interpretation, we are the final arbiters of the legislature's intent as expressed in the words of the statute considered as a whole. State v. Formella, 158 N.H. 114, 116, 960 A.2d 722 (2008). When interpreting statutes, we look to the language of the statute itself, and, if possible, construe that language according to its plain and ordinary meaning. State v. Duran, 158 N.H. 146, 155, 960 A.2d 697 (2008). We construe provisions of the Criminal Code according to the fair import of their terms and to promote justice. See RSA 625:3 (2007); Petition of State of N.H., 152 N.H. 185, 187, 872 A.2d 1000 (2005). We will neither consider what the legislature might have said nor add words that it did not see fit to include. Duran, 158 N.H. at 155, 960 A.2d 697. Absent an ambiguity, we will not look beyond the language of the statute to discern legislative intent. Formella, 158 N.H. at 116, 960 A.2d 722.
RSA 630:5 provides, in pertinent part:
X. In all cases of capital murder where the death penalty is imposed, the judgment of conviction and the sentence of death shall be subject to automatic review by the supreme court within 60 days after certification by the sentencing court of the entire record unless time is extended for an additional period not to exceed 30 days by the supreme court for good cause shown. Such review by the supreme court shall have priority over all other cases and shall be heard in accordance with rules adopted by said court.
With regard to the sentence the supreme court shall determine:
(a) Whether the sentence of death was imposed under the influence of passion, prejudice or any other arbitrary factor; and
(b) Whether the evidence supports the jury's finding of an aggravating circumstance, as authorized by law; and
(c) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.
(Emphasis added.)
The portion of the statute requiring that cases "shall be heard in accordance with rules adopted by said court" does not require special rules. Instead, based upon its plain language, ...
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