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State v. Burley

New Hampshire Supreme Court
627 A.2d 98 (1993)


Facts

Arthur Burley (defendant) shot and killed his ex-wife, Debbie Glines, in the kitchen of the couple’s home. Burley, who had been drinking all day, originally claimed that a bullet had discharged and struck Glines in the head as Burley was cleaning the gun. During the investigation, Burley admitted to police that Burley himself had loaded the gun on the day in question and that Burley knew how to operate a gun safely. Burley provided various versions of the incident, until finally admitting that he had not been cleaning the gun, but had been fooling around when the gun went off. Ultimately, Burley told police that when the bullet discharged, Burley was propped in the entryway of the kitchen, with his elbows on his raised knees and with the gun pointed at Glines. Burley was convicted of second-degree murder for recklessly causing Glines’s death. Burley appealed, arguing that the evidence was insufficient to prove that Burley acted with extreme indifference when Burley shot Glines.

Rule of Law

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Issue

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Holding and Reasoning (Batchelder, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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