Story perspectives

NH Supreme Court Overturns Montgomery Murder Conviction, Orders Retrial

6/11/2026

Summary

Story summary

The New Hampshire Supreme Court reversed Adam Montgomery’s second-degree murder conviction and ordered a new trial.
Montgomery continues to serve a combined 43.5-year sentence for assault, evidence-tampering, corpse-abuse and firearms offenses.
Justices said joining the assault and murder counts risked an improper inference that prior abuse proved the fatal attack.
State prosecutors said they remain confident in the evidence and will seek a retrial on the murder charge.

History

Historical Context

In 1975 the United States Congress enacted the Federal Rules of Evidence, a 68-rule code drafted by a congressional advisory committee that barred propensity evidence under Rule 404(b). The rule’s purpose resurfaced in 2024 when the New Hampshire Supreme Court reversed Adam Montgomery’s murder conviction, finding the prosecution’s use of his assault record violated that long-standing restriction.

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Story summary

The New Hampshire Supreme Court reversed Adam Montgomery’s second-degree murder conviction and ordered a new trial.
Montgomery continues to serve a combined 43.5-year sentence for assault, evidence-tampering, corpse-abuse and firearms offenses.
Justices said joining the assault and murder counts risked an improper inference that prior abuse proved the fatal attack.
State prosecutors said they remain confident in the evidence and will seek a retrial on the murder charge.

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