Rule 801

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. Forbes, 2007-573 (N.H. S.Ct., Aug. 6, 2008)

DUGGAN, J. The defendant, John Forbes, was convicted by a jury in Superior Court of one count of aggravated felonious sexual assault. See RSA 632-A:2, II (2007). On appeal, he argues that the Trial Court (Coffey, J.) erred in admitting evidence of his silence as an adoptive admission pursuant to New Hampshire Rule of Evidence 801(d)(2)(B). Because we agree that the trial court unsustainably exercised its discretion by admitting this evidence, we reverse and remand.

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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