Cited by

Opinions in New Hampshire that cite State v. Ainsworth, 867 A.2d 420.

23 citing documents.

  • State of New Hampshire v. Dylan Wright N.H. 2025
    This requirement is particularly appropriate when an alleged error involves a jury instruction.
  • State of New Hampshire v. Joshua L. Shaw N.H. 2020
    We review trial court decisions on the management of discovery under our unsustainable exercise of discretion standard.
  • State of New Hampshire v. John Knott N.H. 2020
    rial court further determined that “the defendant [had] not articulated an essential need for in camera review of the school counselor’s records, particularly in light of the police report addressing the reported disclosure and the contents of the disclosure, as alleged.” We review trial court decisions on the management of discovery under our unsustainable exercise of discretion standard.
  • State v. Kevin Drown 187 A.3d 820 N.H. 2018
    In contrast, here, the prosecutor’s question was a permissible response to defense counsel’s closing argument.
  • State v. Anthony Collins N.H. 2018
    Evidence is unfairly prejudicial if its primary purpose or effect is to appeal to a jury’s sympathies, arouse its sense of horror, provoke its instinct to punish, or trigger other mainsprings of human action that may cause a jury to base its decision on something other than the established propositions in the case.
  • Kathleen Kristiansen v. Glenn Erlandson N.H. 2017
    The defendant further argues that the court “repeatedly refused to allow either party to talk about the circumstances surrounding the original stalking or subsequent events.” We review the trial court’s decisions on the admissibility of evidence under an unsustainable exercise of discretion standard.
  • State of New Hampshire v. Robie B. Gould N.H. 2017
    We review the trial court’s decisions on the management of discovery and the admissibility of evidence under an unsustainable exercise of discretion standard.
  • State of New Hampshire v. Nickolas Micucci N.H. 2016
    State v. Ainsworth, 151 N.H. 691, 694-95 (2005); State v. Gaffney, 147 N.H. 550, 556-57 (2002).
  • State of New Hampshire v. William Gaudet 166 N.H. 390 N.H. 2014
    “[T]he prosecutor’s comments here were a permissible response to defense counsel’s closing argument.” State v. Ainsworth, 151 N.H. 691, 698 (2005).
  • State of New Hampshire v. Adam Wells 89 A.3d 156 N.H. 2014
    “When reviewing a trial court’s ruling on a motion for a mistrial, we recognize that the trial court is in the best position to gauge the prejudicial nature of the conduct at issue and has broad discretion to decide whether a mistrial is appropriate.” State v. Ainsworth, 151 N.H. 691, 698 (2005).
  • State of New Hampshire v. Joshua Sprague 86 A.3d 700 N.H. 2014
    “When reviewing a trial court’s ruling on a motion for mistrial, we recognize that the trial court is in the best position to gauge the prejudicial nature of the conduct at issue and has broad discretion to decide whether a mistrial is 6 appropriate.” State v. Ainsworth, 151 N.H. 691, 698 (2005).
  • State of New Hampshire v. Barion Perry 85 A.3d 917 N.H. 2014
    “To meet this standard, the defendant must demonstrate that the trial court’s rulings were clearly untenable or unreasonable to the prejudice of his case.” State v. Ainsworth, 151 N.H. 691, 694 (2005).
  • State v. Alwardt 53 A.3d 545 N.H. 2012
    State v. Ainsworth, 151 N.H. 691, 696 (2005) (trial court’s evidentiary rulings are reviewed under unsustainable exercise of discretion standard and will be upheld unless defendant demonstrates that they were clearly untenable or unreasonable to the prejudice of his case).
  • State v. Guay 33 A.3d 1166 N.H. 2011
    We will not overturn the trial court’s decision on whether a mistrial or other remedial action is necessary absent an unsustainable exercise of discretion.” State v. Ainsworth, 151 N.H. 691, 698 (2005).
  • State v. Demond-Surace 27 A.3d 793 N.H. 2011
    The trial court is in the best position to gauge any prejudicial effect that the prosecutor’s conduct had on the jury and has broad discretion to decide whether a mistrial is warranted.
  • State v. Nightingale 8 A.3d 136 N.H. 2010
    ns of undue delay, waste of time, or needless presentation of cumulative evidence.” Evidence is unfairly prejudicial if its primary purpose or effect is to appeal to a jury’s sympathies, arouse its sense of horror, provoke its instinct to punish, or trigger other mainsprings of human action that may cause a jury to base its decision on something other than the established propositions in the case.
  • State v. Addison 8 A.3d 53 N.H. 2010
    Evidence is unfairly prejudicial if its primary purpose or effect is to appeal to a jury’s sympathies, arouse its sense of horror, provoke its instinct to punish, or trigger other mainsprings of human action that may cause a jury to base its decision on something other than the established propositions in the case.
  • State v. Villeneuve 999 A.2d 284 N.H. 2010
    We review the trial court’s decision on the admissibility of evidence for an unsustainable exercise of discretion.
  • State v. Kelly 999 A.2d 303 N.H. 2010
    Mailhot v. C & R Const. Co., 128 N.H. 323, 325 (1986); see State v. Ainsworth, 151 N.H. 691, 693 (2005) (finding necessary a contemporaneous objection to preserve a jury instruction issue for appellate review).
  • Overruled State v. Hebert 965 A.2d 1059 N.H. 2009
    Requiring defense counsel to contemporaneously object to the trial court’s failure to provide such a limiting instruction abides by our well-established policy of affording the trial court the opportunity to correct error in the first instance, a policy that is grounded in common sense and judicial economy.
  • State v. Beede 931 A.2d 1258 N.H. 2007
    We review the trial court’s decisions on the admissibility of evidence under an unsustainable exercise of discretion standard.
  • State v. Miller 921 A.2d 942 N.H. 2007
    of undue delay, waste of time, or needless presentation of cumulative evidence.” Evidence is unfairly prejudicial if its primary purpose or effect is to appeal to a jury’s sympathies, arouse its sense of horror, provoke its instinct to punish, or trigger other mainsprings of human action that may cause a jury to base its decision upon something other than the established propositions in the case.
  • Kelleher v. Marvin Lumber & Cedar Co. 891 A.2d 477 N.H. 2005
    We review the trial court’s decisions on the admissibility of evidence under an unsustainable exercise of discretion standard.