Rule 803 (5)

State v. Legere, 2007-396 (N.H. S.Ct., Oct. 15, 2008)

GALWAY, J. The defendant, Christopher Legere, was convicted following a jury trial in Superior Court (McGuire, J.) of the second degree murder of John Denoncourt. See RSA 630:1-b, I(a), I(b) (2007). He appeals, arguing that the trial court erred in admitting the testimony of various witnesses. We affirm.

State v. Knickerbocker, Jr., 2004-356 (N.H. S.Ct., Jul. 29, 2005)

NADEAU, J. The State appeals the Trial Court’s (Fitzgerald, J.) dismissal of an indictment against the defendant, George Knickerbocker, Jr., for second degree murder. We reverse and remand.

State v. Evans, 2002-287 (N.H. S.Ct., Dec. 30, 2003)

BROCK, C.J. The defendant, Chad Evans, was convicted of reckless second-degree murder, see RSA 630:1-b (1996), five counts of second-degree assault, see RSA 631:2 (1996), endangering the welfare of a minor, see RSA 639:3, I (1996), and simple assault, see RSA 631:2-a (1996), following the death of twenty-one-month-old Kassidy Bortner, the daughter of his girlfriend, Amanda Bortner. He appeals, arguing that: (1) the Superior Court (T. Nadeau, J.) erroneously gave the jury a false exculpatory statement instruction; (2) the evidence on the second-degree murder charge was insufficient because it failed to eliminate the conclusion that Kassidy’s babysitter, Jeffrey Marshall, killed her; and (3) the court erroneously admitted various of Amanda’s statements under the excited utterance exception to the hearsay rule. See N.H. R. Ev. 803(2). We affirm.

State v. Knickerbocker, Jr., 03-S-132 (Merrimack, Feb. 5, 2004)

The defendant, George Knickerbocker, Jr., also known as Nicky Robbins, is charged with one count of Second Degree Murder in connection with the death of a one-month-old infant, Adam Robbins, in February 1983. The defendant moves to dismiss the charge for lack of speedy indictment, and the State objects. The Court held an evidentiary hearing over three days on this matter, subsequent to which it directed the parties to file written legal arguments. Upon review of the parties’ arguments, the testimony and evidence submitted at the hearing, and the relevant law, the Court finds and rules as follows.

State v. Mann, 04-S-1560 (Hillsborough, South, Oct. 21, 2005)

The defendant, Stephen Mann, is charged with one count of first degree murder for the alleged shooting death of his wife. Presently before the court are the parties’ motions in limine regarding the admissibility of an audio recording of a 911 call made to the police by the defendant’s daughter. The State’s seeks admission of the recording; the defendant seeks its exclusion from evidence. I conclude that a portion of the recording must be redacted but that, as redacted, the recording is admissible whether or not the daughter testifies at trial.
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