Hearsay

State v. Silva, 2007-536 (N.H. S.Ct., Nov. 20, 2008)

NHCaseLaw.com — Thu, 04 Dec 2008 01:35:15 -0600

DALIANIS, J. The defendant, Dante Silva, appeals his conviction after a jury trial in Superior Court (Nadeau, J.) on one count of dispensing a controlled drug with death resulting, see RSA 318-B:26, IX (2004), arguing that: (1) there was insufficient evidence to convict him; and (2) his rights under Part I, Article 15 of the State Constitution and the Sixth Amendment of the Federal Constitution to confront witnesses against him were violated when the State failed to produce the laboratory technician who tested the victim’s blood. We affirm.

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

NHCaseLaw.com — Thu, 16 Oct 2008 08:52:36 -0500

Kelly A. Ayotte, attorney general (Thomas E. Bocian, attorney, on the brief, and N. William Delker, senior assistant attorney general, orally), for the State.
Christopher M. Johnson, chief appellate defender, of Concord, on the brief and orally, for the defendant.
Christopher Legere, by brief, pro se

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

NHCaseLaw.com — Wed, 06 Aug 2008 21:14:12 -0500

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

DLG — Thu, 10 Apr 2008 22:22:58 -0500

NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Noble Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release.

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

DLG — Mon, 25 Feb 2008 00:15:25 -0600

THE STATE OF NEW HAMPSHIRE
HILLSBOROUGH, SS SUPERIOR COURT
SOUTHERN DISTRICT 04-S-1560
STATE OF NEW HAMPSHIRE
V.
STEPHEN MANN
ORDER ON MOTION IN LIMINE RE: 911 TAPE

LYNN, C.J.