State of New Hampshire v. Justin Spirko

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2023-0101, State of New Hampshire v. Justin
Spirko, the court on June 13, 2024, issued the following order:

The court has reviewed the written arguments and the record submitted on
appeal, and has determined to resolve the case by way of this order. See Sup. Ct.
R. 20(2). The defendant, Justin Spirko, appeals an order of the Circuit Court
(Stephen, J.) placing him in preventive detention without bail pursuant to RSA
597:2, III(a) (Supp. 2023). The defendant argues that the trial court erred in
finding that the State proved, by clear and convincing evidence, that his release
would endanger the safety of the public. See id. The State counters that the
case is moot, and we agree.

A matter is moot when it no longer presents a justiciable controversy
because the issues involved in the case have become academic or dead.
Londonderry Sch. Dist. v. State, 157 N.H. 734, 736 (2008). Nevertheless,
“[m]ootness is not subject to rigid rules, but is a matter of convenience and
discretion.” State v. Luwal, 175 N.H. 467, 470 (2022). For example, we have
exercised our discretion to review issues that have become moot when they
involve significant constitutional questions or matters of pressing public interest,
when doing so would avoid future litigation, or when such issues are capable of
repetition yet evading review. See id.; Petition of Brooks, 140 N.H. 813, 816
(1996); Royer v. State Dep’t of Empl. Security, 118 N.H. 673, 675 (1978).

In this case, the defendant is no longer being held in preventive detention,
as he resolved the charges against him by pleading guilty in exchange for
sentences that included credit for time served while he was held on preventive
detention. Thus, we agree with the State that the issues raised by the defendant
are moot, and that the case does not otherwise warrant deciding it on its merits.
Accordingly, we dismiss the appeal as moot.

Dismissed.

MacDonald, C.J., and Bassett, Donovan, and Countway, JJ., concurred.

Timothy A. Gudas,
Clerk