Cited by
Opinions in New Hampshire that cite State v. Pelletier, 818 A.2d 292.
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State v. Stewart
2026 N.H. 14
N.H. 2026
[¶20] On similar public policy grounds, we have acknowledged an exception to the spousal privilege to allow testimony by one spouse about the other spouse’s child abuse.
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State v. Raymond
2025 N.H. 30
N.H. 2025
State v. Pelletier, 149 N.H. 243, 251-52 (2003) (affirming the trial court’s determination that a physician’s expert testimony was reliable given the physician’s extensive background “providing child abuse evaluations for detecting and investigating child sexual abuse in hundreds of cases”); United States v. Alzanki, 54 F.3d 994, 1006 (1st Cir. 1995)
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Contoocook Valley Sch. Dist. v. State
2025 N.H. 29
N.H. 2025
State v. Pelletier, 149 N.H. 243, 250-51 (2003) (relying upon trial testimony to affirm ruling that expert was qualified); cf. Stachulski, 171 N.H. at 163 (reviewing denial of motion in limine based only upon offers of proof presented at pretrial hearing).
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State v. Bradley
2025 N.H. 17
N.H. 2025
[¶12] Generally, the determination of whether the spousal privilege applies is “intensely factual and rests within the sound discretion of the trial court.” State v. Pelletier, 149 N.H. 243, 247 (2003).
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State v. Shawn Plantamuro
194 A.3d 464
N.H. 2018
Reinholz, 169 N.H. at 28; State v. Pelletier, 149 N.H. 243, 253 5 (2003).
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State of New Hampshire v. William Roy
N.H. 2015
We accord considerable deference to a trial court’s evidentiary rulings and will intervene only when they demonstrate an unsustainable exercise of discretion.
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State of New Hampshire v. Kevin Rawnsley
167 N.H. 8
N.H. 2014
State v. Pelletier, 149 N.H. 243, 247 (2003) (only acts that are “attributable to the husband-wife relation” are subject to the evidentiary privilege (quotation omitted)).
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State v. Botelho
83 A.3d 814
N.H. 2013
The State has the burden of proving harmless error, which it must do by establishing beyond a reasonable doubt that the erroneously admitted evidence did not affect the verdict.
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State v. Tabaldi
77 A.3d 1124
N.H. 2013
id.; see also State v. Pelletier, 149 N.H. 243, 253 (2003).
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State v. Willis
75 A.3d 1068
N.H. 2013
104(a); see State v. Pelletier, 149 N.H. 243, 247 (2003) (marital privilege); State v. Gordon, 141 N.H. 703, 705 (1997) (attorney-client privilege).
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State v. Brooks
164 N.H. 272
N.H. 2012
Ct. R. 98(H); see also State v. Pelletier, 149 N.H. 243, 250 (2003).
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New Hampshire Department of Transportation v. Franchi
48 A.3d 849
N.H. 2012
On appeal, the landowner argues that the trial court erred in denying his motion in limine to exclude Cowall’s expert testimony related to the second appraisal because it did not rise to the threshold level of reliability required by New Hampshire Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).
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State v. Langill
13 A.3d 171
N.H. 2010
State v. Connor, 156 N.H. 544, 546 (2007); State v. Pelletier, 149 N.H. 243, 253 (2003).
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State v. Ericson
986 A.2d 488
N.H. 2009
“As such, he cannot now complain of error.” State v. Pelletier, 149 N.H. 243, 253 (2003); see State v. Simonds, 135 N.H. 203, 207 (1991).
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Baxter Ex Rel. Baxter v. Temple
949 A.2d 167
N.H. 2008
We generally review a trial court’s determination of expert reliability under Rule 702 for an unsustainable exercise of discretion.
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State v. Munoz
949 A.2d 155
N.H. 2008
While the trial court did not issue an instruction to the jury informing them of the limited purpose for the testimony, the trial court had no obligation to do so absent a request therefore, or an objection to the lack thereof, by the defendant.
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State v. Langill
945 A.2d 1
N.H. 2008
plied the ACE-V methodology reliably in this case because Corson’s “ ‘case notes’ did not detail her process or findings, and because the verification process, indicated only by another examiner’s initials, did not make reliable the initial examiner’s conclusions.” II We generally review a trial court’s determination of expert reliability under Rule 702 for an unsustainable exercise of discretion.
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Desclos v. Southern New Hampshire Medical Center
903 A.2d 952
N.H. 2006
In State v. Pelletier, 149 N.H. 243, 249 (2003), we determined that the spousal privilege under New Hampshire Rule of Evidence 504 would yield when disclosure would *618 provide relevant information concerning alleged sexual abuse of a child.
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State v. Belton
846 A.2d 526
N.H. 2004
Generally, we accord considerable deference to a trial court’s evidentiary rulings and will only intervene when they demonstrate an unsustainable exercise of discretion.
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McLaughlin v. Fisher Engineering
834 A.2d 258
N.H. 2003
Wo review the trial court’s rulings on admissibility of evidence under an unsustainable exercise of discretion standard.