Cited by

On the other hand, when, by reason of prosecutorial or judicial overreaching that is intended either to provoke the defendant “into requesting a mistrial or to prejudice his prospects for an acquittal,” United State v. Dinitz, 424 U.S. 600, 611 (1976), the defendant requests and obtains a mistrial, the Double Jeopardy Clause prohibits a retrial.

denied, 113 S. Ct. 637 (1992) (citation omitted); cf. State v. Scarlett, 121 N.H. 37, 40, 426 A.2d 25, 27 (1981) (that witnesses “may have been uncertain about some things goes to the weight of their testimony and does not require the court to exclude it”).

“Absent an abuse of discretion, this *50 court, which must act on a cold record, will not disturb the trial court’s determination of competency when there is evidence to support it.” State v. Scarlett, 121 N.H. 37, 39, 426 A.2d 25, 27 (1981).

The State relies upon the cases of State v. Scarlett, 121 N.H. 37, 41, 426 A.2d 25, 28 (1981); State v. Staples, 120 N.H. 278, 281, 415 A.2d 320, 322 (1980); and State v. Farrow, 118 N.H. 296, 307, 386 A.2d 808, 815 (1978), in arguing that the trial court applied an erroneous standard for determining the admissibility of the testimony, requiring that Agent Deedrick must be able t

Although the comment made by the prosecutor was improper, we hold that it is not the type of conduct which may be characterized as overreaching.

An exception to this rule applies when the conduct giving rise to the defendant’s successful motion for a mistrial was intended to provoke the motion, Oregon v. Kennedy, 456 U.S. 667, 679 (1982); State v. Scarlett, 121 N.H. 37, 39, 426 A.2d 25, 26 (1981) (citing United States v. Dinitz, 424 U.S. 600, 611 (1976)), or to prejudice the defendant’s prospects for an acquittal, State v. Scarlett, supra at 39, 426 at 266 (citing United States v. Dinitz, 424 U.S. 600, 611 (1976)).

at 178, 400 A.2d at 51; see also State v. Scarlett, 121 N.H. 37, 426 A.2d 25 (1981).

State v. Scarlett, 121 N.H. 37, 42-43, 426 A.2d 25, 28-29 (1981); State v. Koski, 120 N.H. 112, 115, 411 A.2d 1122, 1124 (1980); State v. Gosselin, 117 N.H. 115, 120, 370 A.2d 264, 269 (1977).

State v. Scarlett, 121 N.H. 37, 40, 427 A.2d 25, 27 (1981); State v. Fraser, 120 N.H. at 122, 411 A.2d at 1128.

The weight and credibility of the defendant’s evidence is an issue for the trial court, State v. Hardy, 120 N.H. 552, 554, 419 A.2d 398, 400 (1980), and we find no abuse of discretion.

State v. O’Malley, 120 N.H. 507, 509, 416 A.2d 1387, 1388 (1980); see State v. Scarlett, 121 N.H. 37, 40, 426 A.2d 25, 27 (1981).

Any testimony of a conversation with Lillian Gladden would be double hearsay because her knowledge of Mrs. Butler’s alleged agreement with the Edmundses would itself be derived from hearsay.

State v. Kiluk, 120 N.H. 1, 4, 410 A.2d 648, 650 (1980); see State v. Scarlett, 121 N.H. 37, 40, 426 A.2d 25, 27 (1981).

Jackson v. Virginia, 443 U.S. 307, 319 (1979); State v. Scarlett, 121 N.H. 37, 40, 426 A.2d 25, 27 (1981); State v. Linsky, 117 N.H. 866, 872, 379 A.2d 813, 818 (1977).

Lee v. United States, 432 U.S. 23, 33-34 (1977) (quoting United States v. Dinitz, 424 U.S. 600, 611 (1976)); cf. State v. Scarlett, 121 N.H. 37, 39, 426 A.2d 25, 26-27 (1981).