Cited by
Opinions in New Hampshire that cite State v. Ainsworth, 867 A.2d 420.
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State of New Hampshire v. Dylan Wright
N.H. 2025
This requirement is particularly appropriate when an alleged error involves a jury instruction.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.