Cited by

State v. Tabaldi, 165 N.H. 306, 323 (2013) (reasoning that “[i]n the context of this case, we cannot say that a photograph of the defendant holding fanned-out paper currency in his hand was likely to have any greater emotional impact on the jury than the other evidence tending to show that he regularly sold drugs”).

The prejudice required to predicate reversible error is an undue tendency to induce a decision against the defendant on some improper basis, commonly one that is emotionally charged.

Under the balancing test of Rule 403, we examine whether the probative value of the evidence is substantially outweighed by the danger of unfair prejudice to the defendant.

“This provision for judicial impartiality is applicable as well to jurors.” State v. Tabaldi, 165 N.H. 306, 312 (2013) (quotation omitted).

The trial court’s determination regarding the impartiality of the jurors selected is essentially a question of demeanor and credibility.

State v. Tabaldi, 165 N.H. 306, 313 (2013) (affirming trial court’s decision not to dismiss juror who said she would not try the case based upon her 2 opinion of felons).

Any additional evidence presented through the CI’s statements was superfluous.

lpatory claims could have been considered circumstantial evidence of guilt, see State v. Evans, 150 N.H. 416, 420 (2003), given the extent of the alternative evidence that the defendant did, in fact, believe that Dakota was under 16, the State has 4 shown beyond a reasonable doubt that the e-mail excerpts admitted into evidence did not affect the verdict.

“[E]vidence 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. Tabaldi, 165 N.H. 306, 322 (2013) (quotation omitted).

Because the trial court is in the best position to gauge the prejudicial impact of particular evidence, see State v. Tabaldi, 165 N.H. 306, 323 (2013), we accord the trial court considerable deference in determining whether the probative value of evidence is substantially outweighed by the danger of unfair prejudice, Ainsworth, 151 N.H. at 696.

“We review challenges to a trial court’s evidentiary rulings under our unsustainable exercise of discretion standard and reverse only if the rulings are clearly untenable or unreasonable to the prejudice of a party’s case.” State v. Tabaldi, 165 N.H. 306, 321 (2013) (quotation omitted).

In determining whether a ruling is a proper exercise of judicial discretion, we consider whether the record establishes an objective basis sufficient to sustain the discretionary decision made.

State v. Tabaldi, 165 N.H. 306, 316 (2013) (evidence sufficient to establish constructive possession when drugs found inside cigarette box “in a location over which the defendant could exercise dominion and control” and defendant’s bag was located nearby).

We review challenges to the trial court’s evidentiary rulings to determine whether the rulings are sustainable and reverse only if the rulings are clearly untenable or unreasonable to the prejudice of a party’s case.

4 “The trial court’s determination of the impartiality of the jurors selected is essentially a question of demeanor and credibility and, thus, is entitled to special deference.” State v. Tabaldi, 165 N.H. 306, 312-13 (2013).

(quotation omitted); see also State v. Tabaldi, 165 N.H. 306, 323 (2013) (“[W]e give the trial 6 court broad latitude when ruling on the admissibility of potentially unfairly prejudicial evidence.” (quotation omitted)).

When, as here, the defendant was not in physical possession of the drugs, the State must prove constructive possession.

Unfair prejudice is not mere detriment to a defendant from the tendency of the evidence to prove guilt, in which sense all evidence offered by the prosecution is meant to be prejudicial.

State v. Tabaldi, 165 N.H. 306, 309-10 (2013) (describing “controlled buys” in general).