State of New Hampshire v. Brandon Castiglione

No. 2023-0547 State of New Hampshire v.

Brandon Castiglione

ASSENTED-TO MOTION FOR

PARTIAL REMAND AND STAY

Counsel for Brandon Castiglione respectfully requests that this Court remand this case, in part, to the Superior Court for the purpose of allowing that court to resolve Castiglione’s motion for a new trial. Counsel additionally requests that this Court stay this appeal pending ruling on that motion and the acceptance or declination of any appeal from that ruling. As grounds for this motion, it is stated:

1. In November 2020, the State obtained from a statewide grand jury two alternative indictments charging Brandon Castiglione with second-degree murder. At the conclusion of a five-day jury trial on May 9-15, 2023, a Rockingham County jury found Castiglione guilty on both indictments. On August 25, 2023, the court (Ruoff, J.) sentenced Castiglione to forty-two years to life. On September 18, 2023, the court amended the sentence to forty years to life.

2. After reviewing the record in this case, undersigned counsel met with Castiglione on November 19, 2024. At the conclusion of that meeting, Castiglione indicated that he wished to stay the appeal to file a motion for a new trial based on specific claims of ineffective assistance of counsel and prosecutorial misconduct.

Undersigned counsel explained that, if this Court granted this motion, it would likely give Castiglione a deadline of thirty days from the granting of the motion to file his motion for a new trial in the Superior Court.

3. Castiglione respectfully requests that this Court remand this case, in part, for the purpose of allowing the Superior Court to address his motion for a new trial. He additionally requests that this Court stay this appeal pending the Superior Court’s ruling on that challenge and the acceptance or declination of any appeal from that ruling.

4. If Castiglione’s motion is granted, this appeal becomes moot. If his motion is denied, Castiglione anticipates seeking review in this Court of that ruling. The ineffective-assistance and prosecutorial-misconduct claims that Castiglione intends to raise in the Superior Court largely concern the same evidence – character testimony given by Castiglione’s pastor – that would be at issue in the direct appeal.

Considerations of administrative efficiency thus justify staying the present appeal pending the resolution of the motion and the acceptance or declination of any appeal from that ruling.

5. Audriana Mekula, Assistant Attorney General, has indicated that the State assents to this motion.

WHEREFORE, counsel prays that this Court grant this Motion, (a) issue a partial remand for the purpose of allowing the Superior Court to rule on Castiglione’s motion for a new trial, and (b) stay this appeal pending the Superior Court’s ruling on that motion and the acceptance or declination of any appeal from that ruling.

Respectfully submitted, By /s/ Thomas Barnard Thomas Barnard, #16414 Deputy Chief Appellate Defender Appellate Defender Program 10 Ferry Street, Suite 202 Concord, NH 03301

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion is being timely provided to Audriana Mekula, Assistant Attorney General, through the electronic filing system’s electronic service.

/s/ Thomas Barnard Thomas Barnard

DATED: November 25, 2024