Cited by
Opinions in New Hampshire that cite State v. Town, 48 A.3d 966.
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State of New Hampshire v. Steven Smith
N.H. 2024
“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. Town, 163 N.H. 790, 796 (2012) (quotation omitted).
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State of New Hampshire v. Jaime B. Guay
N.H. 2024
“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. Town, 163 N.H. 790, 796 (2012) (quotation omitted).
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State of New Hampshire v. Deion Anthony Ferrone
N.H. 2024
“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. Town, 163 N.H. 790, 796 (2012) (quotation omitted).
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State of New Hampshire v. Jonathan Ames
N.H. 2023
e name, she responded: “Absolutely.” She also confirmed that she could consider the facts presented in the defendant’s case and not base the verdict “for or against anyone.” When a trial court on voir dire has determined that a juror is free from prejudice, it is our duty on appeal to evaluate the voir dire testimony of the empaneled jury to determine whether an impartial jury was selected.
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State of New Hampshire v. Richard Soulia
N.H. 2021
“Once the trial court on voir dire has made a determination as to whether a prospective juror is free from prejudice, it is then our duty on appeal to evaluate the voir dire testimony of the empanelled jury to determine whether an impartial jury was selected.” State v. Town, 163 N.H. 790, 794 (2012) (citation omitted).
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State of New Hampshire v. Joshua Heredia
N.H. 2021
The defendant draws our attention to State v. Town, 163 N.H. 790 (2012), which involved a challenge to a juror, who had been the victim of a sexual assault, as to whether she was qualified to sit on a case involving an 3 aggravated felonious sexual assault charge.
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State of New Hampshire v. Joshua L. Shaw
N.H. 2020
“The purpose underlying our preservation rule is to afford the trial court an opportunity to correct any error it may have made before those issues are presented for appellate review.” State v. Town, 163 N.H. 790, 792 (2012).
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State v. Foad Afshar
196 A.3d 93
N.H. 2018
Generally, a juror is presumed to be impartial.
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In the Matter of Eric McAndrews and Sachet Woodson
193 A.3d 834
N.H. 2018
State v. Mouser, 168 N.H. 19, 27 (2015); State v. Town, 163 N.H. 790, 792 (2012).
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State v. Brittany Boggs
191 A.3d 535
N.H. 2018
State v. Mouser, 168 N.H. 19, 27 (2015); State v. Town, 163 N.H. 790, 792 (2012); cf. Berliner, 150 N.H. at 84-85 (holding defendant did not preserve jury instruction issue because counsel never made a formal objection).
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State of New Hampshire v. Amy Kathleen Mouser
168 N.H. 19
N.H. 2015
As the defendant rightly observes, “[t]he purpose underlying our preservation rule is to afford the trial court an opportunity to correct any error it may have made before those issues are presented for appellate review.” State v. Town, 163 N.H. 790, 792 (2012).
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State v. Addison
165 N.H. 381
N.H. 2013
Rather, unfair prejudice must have “an undue tendency to induce a decision against the defendant on some improper basis, commonly one that is emotionally charged.” State v. Town, 163 N.H. 790, 796 (2012) (quotation omitted).
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State v. Tabaldi
77 A.3d 1124
N.H. 2013
Part I, Article 35 of the State Constitution provides, “It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit.” “This provision for judicial impartiality is applicable as well to jurors.” State v. Town, 163 N.H. 790, 793 (2012).
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State v. Ploof
70 A.3d 456
N.H. 2013
The purpose underlying our preservation rule is to afford the trial court an opportunity to correct any error it may have made before those issues are presented for appellate review.
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State v. Perri
164 N.H. 400
N.H. 2012
Whether evidence is relevant is a question for the trial court’s sound discretion, and we will not overturn its determination absent an unsustainable exercise of discretion.