State of New Hampshire v. Logan Clegg

NHJB-2296-SUP (11/15/2023) Page 1 of 4 This form should be used for an appeal from a final decision on the merits issued by a superior court or circuit court except for a decision from: (1) a post-conviction review proceeding; (2) a proceeding involving a collateral challenge to a conviction or sentence; (3) a sentence modification or suspension proceeding; (4) an imposition of sentence proceeding; (5) a parole revocation proceeding; (6) a probation revocation proceeding; (7) a landlord/tenant action or a possessory action filed under RSA chapter 540; (8) an order denying a motion to intervene; or (9) a domestic relations matter filed under RSA chapters 457 to 461-A other than an appeal from the first final order. (An appeal from the first final order issued in a domestic relations matter filed under RSA chapters 457 to 461-A should be filed on this form.) 1. COMPLETE CASE TITLE AND CASE NUMBERS IN TRIAL COURT 2. COURT APPEALED FROM AND NAME OF JUDGE(S) WHO ISSUED DECISION(S) 3A. APPEALING PARTY: NAME, MAILING ADDRESS, E-MAIL ADDRESS, AND TELEPHONE NUMBER.

E-Mail address: Telephone number: 3B. APPEALING PARTY’S COUNSEL: NAME, BAR ID NUMBER, FIRM NAME, MAILING ADDRESS, E-MAIL ADDRESS, AND TELEPHONE NUMBER.

E-Mail address: Telephone number: 4A. OPPOSING PARTY: NAME, MAILING ADDRESS, E-MAIL ADDRESS, AND TELEPHONE NUMBER.

E-Mail address: Telephone number: 4B. OPPOSING PARTY’S COUNSEL: NAME, BAR ID NUMBER, FIRM NAME, MAILING ADDRESS, E-MAIL ADDRESS, AND TELEPHONE NUMBER.

E-Mail address: Telephone number: THE STATE OF NEW HAMPSHIRE JUDICIAL BRANCH https://www.courts.nh.gov RULE 7 NOTICE OF MANDATORY APPEAL State v. Logan Clegg, 217-2022-CR-1226 Merrimack County Superior Court, Judge Kissinger Logan Clegg Caroline Smith, # 5992 C/O New Hampshire State Prison 281 Noth State Street Concord, NH 03301 Mariana Dominguez, #20554 New Hampshire Public Defender 10 Ferry Street Concord, NH 03301 mdominguez@nhpd.org (603) 224-1236 ext 4125 State of New Ham pshire Joshua Spicher # 273020 Attorney General's Office 1 Granite Place South Concord NH, 03301 joshua.l.speicher@doj.nh.gov (603) 271-3671 ext Case Name: RULE 7 NOTICE OF MANDATORY APPEAL NHJB-2296-SUP (11/15/2023) Page 2 of 4 5. NAMES OF ALL OTHER PARTIES AND COUNSEL IN TRIAL COURT 6. DATE OF CLERK’S NOTICE OF DECISION OR SENTENCING. ATTACH OR INCLUDE COPY OF NOTICE AND DECISION.

DATE OF CLERK’S NOTICE OF DECISION ON POST- TRIAL MOTION, IF ANY. ATTACH OR INCLUDE COPY OF NOTICE AND DECISION. 7. CRIMINAL CASES: DEFENDANT’S SENTENCE AND BAIL STATUS 8. APPELLATE DEFENDER REQUESTED? YES or NO: IF YOUR ANSWER IS YES, YOU MUST CITE STATUTE OR OTHER LEGAL AUTHORITY UPON WHICH CRIMINAL LIABILITY WAS BASED AND SUBMIT A CURRENT REQUEST FOR A LAWYER FORM (FINANCIAL STATEMENT).

SEE SUPREME COURT RULE 32(4). 9. IS ANY PART OF CASE CONFIDENTIAL? YES or NO: IF SO, IDENTIFY WHICH PART AND CITE AUTHORITY FOR CONFIDENTIALITY.

SEE SUPREME COURT RULE 12. 10. IF ANY PARTY IS A CORPORATION, LIST THE NAMES OF PARENTS, SUBSIDIARIES AND AFFILIATES. 11. DO YOU KNOW OF ANY REASON WHY ONE OR MORE OF THE SUPREME COURT JUSTICES WOULD BE DISQUALIFIED FROM THIS CASE? YES or NO: IF YOUR ANSWER IS YES, YOU MUST FILE A MOTION FOR RECUSAL IN ACCORDANCE WITH SUPREME COURT RULE 21A. 12. IS A TRANSCRIPT OF TRIAL COURT PROCEEDINGS NECESSARY FOR THIS APPEAL? SEE SUPREME COURT RULE 15, COMMENT.

YES or NO: IF YOUR ANSWER IS YES, YOU MUST COMPLETE THE TRANSCRIPT ORDER FORM ON PAGE 4 OF THIS FORM.

State v. Logan Clegg, 217-2022-CR-1226 Meghan Hagaman, Attorney General's Office Ryan Olberding, Attorney General's Office 12/15/2023 50 to Life Consecutive 50 to Life 3.5-7 consecutive to first 50 to life (x5) Yes NH RSA 637:3 (See attached Financial Affidavit & Application for Court Appointed Counsel) No No Yes Case Name: RULE 7 NOTICE OF MANDATORY APPEAL NHJB-2296-SUP (11/15/2023) Page 3 of 4 13. LIST SPECIFIC QUESTIONS TO BE RAISED ON APPEAL, EXPRESSED IN TERMS AND CIRCUMSTANCES OF THE CASE, BUT WITHOUT UNNECESSARY DETAIL. STATE EACH QUESTION IN A SEPARATELY NUMBERED PARAGRAPH. 14. CERTIFICATIONS I hereby certify that every issue specifically raised has been presented to the court below and has been properly preserved for appellate review by a contemporaneous objection or, where appropriate, by a properly filed pleading. To the extent that an unpreserved issue is raised as plain error, I hereby certify that I have specifically identified that issue as plain error in section 13.

Appealing Party or Counsel I hereby certify that on or before the date below, copies of this notice of appeal were served on all parties to the case and were filed with the clerk of the court from which the appeal is taken in accordance with Supreme Court Rules 5(1) and 26(2) and with Rule 18 of the Supplemental Rules of the Supreme Court.

Date Appealing Party or Counsel State v. Logan Clegg, 217-2022-CR-1226 1). Did the Court err in denying the Defendant's Motion to Suppress Statements? 2). Did the Court err in denying in part the Defendant's Motion to Suppress Search? 3). Did the Court err in granting the State's Motion to unseal the Gerstein affidavit? 4). Did the Court err in denying the Defendant's Motion in Limine 1 and allowing certain expert testimony regarding Ballistics evidence? 5). Did the Court err in Denying the Defendant's Motion in Limine 3 and allowing testimony regarding the Dummy Drag Experiment? 6). Did the Court err in denying (in part) the Defendant's Motion in Limine 8 and allowing certain evidence obtained from the Defendant's computer? 7) Did the Court err in Denying the Defendant's Motion in Limine 9 and allowing testimony regarding the Crime Reconstruction Experiment? 8). Did the Court err in granting (in part) the State's Motion in Limine barring the Defense Ballistic expert from testifying regarding the biasing effect of the wording used by the State's Ballistic expert in their conclusion? 9). Did the Court err in granting the State's Motion in Limine to introduce evidence of Mr. Clegg's consciousness of guilt? 10). Did the Court err in granting the State's Motion in Limine and allowing testimony regarding a gun magazine purchase? 11). Did the Court err in denying the Defendant's Motion to Dismiss at the Conclusion of the State's Case? 12). Did the Court err in denying the Defendant's Motion to Dismiss at the Conclusion of the Defense Case? 13). Did the Court err in denying the Defendant's request for specific Voir Dire Questions? 14). Did the Court err in allowing lay witness testimony identifying "an object" in photographs? 15). Did the Court err in not giving an instruction regarding motive, as requested by defense counsel? 16). Did the Court err in sustaining the State's objection during Defense closing arguments? /s/ Mariana Dominguez #20554 01/14/2024 /s/ Mariana Dominguez #20554 Case Name: RULE 7 NOTICE OF MANDATORY APPEAL NHJB-2296-SUP (11/15/2023) Page 4 of 4 TRANSCRIPT ORDER FORM INSTRUCTIONS: 1. If a transcript is necessary for your appeal, you must complete this form. 2. List each portion of the proceedings that must be transcribed for appeal, e.g., entire trial (see Supreme Court Rule 15(3)), motion to suppress hearing, jury charge, etc., and provide information requested. 3. Determine the amount of deposit required for each portion of the proceedings and the total deposit required for all portions listed. Do not send the deposit to the Supreme Court. You will receive an order from the Supreme Court notifying you of the deadline for paying the deposit amount to the court transcriber. Failure to pay the deposit by the deadline may result in the dismissal of your appeal. 4. The transcriber will produce a digitally-signed electronic version of the transcript for the Supreme Court, which will be the official record of the transcribed proceedings. Parties will be provided with an electronic copy of the transcript in PDF-A format. A paper copy of the transcript may also be prepared for the court.

PROCEEDINGS TO BE TRANSCRIBED (Please confirm dates with Trial Court) PROCEEDING DATE (List each day separately, e.g. 5/1/11; 5/2/11; 6/30/11) TYPE OF PROCEEDING (Motion hearing, opening statement, trial day 2, etc.) NAME OF JUDGE LENGTH OF PROCEEDING (in .5 hour segments, e.g.,1.5 hours, 8 hours) RATE (standard rate unless ordered by Supreme Court) DEPOSIT X $170.00 $ X $170.00 $ X $170.00 $ X $170.00 $ X $170.00 $ X $170.00 $ X $170.00 $ X $170.00 $ X $170.00 $ X $170.00 $ TOTAL DEPOSIT $ PROCEEDINGS PREVIOUSLY TRANSCRIBED PROCEEDING DATE (List date of each transcript volume) TYPE OF PROCEEDING (Motion hearing, opening statement, trial day 2, etc.) NAME OF JUDGE NAME OF TRANSCRIBER DO ALL PARTIES HAVE COPY (YES OR NO) DEPOSIT FOR ADDITIONAL COPIES TBD TBD TBD

NOTE: The deposit is an estimate of the transcript cost. After the transcript has been completed, you will be required to pay an additional amount if the final cost of the transcript exceeds the deposit. Any amount paid as a deposit in excess of the final cost will be refunded. The transcript will not be released to the parties until the final cost of the transcript is paid in full.

State v. Logan Clegg, 217-2022-CR-1226 04/21/2023 Motion Hearing Kissinger .5 85.00 07/18/2023 Motion in Limine Day1 Kissinger 2 340.00 07/19/2023 Motion in Limine Day 2 Kissinger 4.5 765.00 08/22/2023 Motion Hearing Kissinger 1 170.00 08/29/2023 Motion Hearing Kissinger 3 510.00 10/02/2023 Jury Selection Kissinger 5 850.00 10/03/2023 Jury Trial Day 1 (View) Kissinger 2.5 425.00 10/04/2023 Jury Trial Day 2 Kissinger 4.5 765.00 10/05/2023 Jury Trial Day 3 Kissinger 4.5 765.00 10/06/2023 Jury Trial Day 4 -13 Kissinger 44 7,480.00 12,155.00 05/24/2023 Motion to Suppress Day 1 Kissinger eScribers, LLC No 05/25/2023 Motion to Suppress Day 2 Kissinger eScribers, LLC No 05/26/2023 Motion to Suppress Day 3 Kissinger eScribers, LLC No