Cited by

State v. Whitney, 125 N.H. 636, 639 (1984) (upholding trial court decision to consolidate witness tampering charges that were based upon a common motive and plan).

exual assault against one child and, in 1988, had committed felonious sexual assault against child’s friend), and Fecteau, 133 N.H. at 863, 869-70 (consolidating charges regarding assault in Durham against one woman and assault in Dover against another woman), with Hennessey, 142 N.H. at 154-55 (consolidating “closely related” sexual assaults committed against two brothers), and State v. Whitney, 125 N.H. 636, 639 (1984) (joining two witness tampering charges in part because they could be proved

See, e.g., State v. Roberts, 136 N.H. 731, 747, 622 A.2d 1225, 1236 (1993); State v. Avery, 126 N.H. 208, 213, 490 A.2d 1350, 1354 (1985); State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984).

State v. Whitney, 125 N.H. 636, 638-39, 484 A.2d 1158, 1160 (1984) (holding that evidence of prior convictions is proof of motive for witness tampering).

To demonstrate abuse of discretion, the defendant must show that the trial court’s ruling was “ ‘clearly untenable or unreasonable to the prejudice of [the appellant’s] case.’” State v. Hotchkiss, 129 N.H. 260, 264, 525 A.2d 270, 272 (1987) (quoting State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984)).

Thus, we will not reverse the trial court’s findings on appeal unless the defendant establishes that they were “clearly untenable or unreasonable to the prejudice of his case....” State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984).

To constitute an abuse of discretion reversible on appeal, the defendant must show that the trial court’s ruling was ‘clearly untenable or unreasonable to the prejudice of his case.’” State v. Walters, 128 N.H. 783, 786, 519 A.2d 305, 307 (1986) (quoting State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984)) (citations omitted).

As previously stated, the defendant argues that indictments should be consolidated for trial only “‘when the crimes charged are related or apparently part of a common scheme or plan.’” State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984) (quoting State v. Freije, 109 N.H. 290, 291, 249 A.2d 683, 684 (1969)).

To constitute error reversible on appeal, the defendant must show that the ruling “was clearly untenable or unreasonable to the prejudice of his case.” State v. Hotchkiss, 129 N.H. 260, 264, 525 A.2d 270, 272 (1987) (quoting State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984)).

A trial court’s decision whether or not to admit certain evidence will not be disturbed unless it is “clearly untenable or unreasonable to the prejudice of the case.” State v. Hood, 131 N.H. 606, 608-09, 557 A.2d 995, 997 (1989) (quoting State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984)).

When the crimes charged are related or are apparent parts of a common scheme or plan, see State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984), and where the evidence is simple and unlikely to confuse a jury, as was the case here, it is improbable that a trial judge would have granted any severance requested.

An appellant claiming trial court error in abusing discretion has the burden to demonstrate that the discretionary ruling is clearly untenable or unreasonable to the prejudice of his case, State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984); see N.H. R. Ev.

The defendant has not shown that the court’s ruling was “clearly untenable or unreasonable to the prejudice of his case.” See State v. Hotchkiss, 129 N.H. 260, 264, 525 A.2d 270, 272 (1987) (quoting State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984)).

In order to show an abuse of discretion, “the defendant must demonstrate that the ruling of the trial court was ‘clearly untenable or unreasonable to the prejudice of [the defendant’s] case.’” State v. Hotchkiss, 129 N.H. 260, 264, 525 A.2d 270, 272 (1987) (quoting State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984)).

There being nothing in the ruling that was “clearly untenable or unreasonable to the prejudice of [the *609 defendant’s] case,” Slate v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984), we affirm.

The trial court’s “decision to admit evidence of a prior bad act will constitute an abuse of discretion only if ‘clearly untenable or unreasonable to the prejudice of [the defendant’s] case.’” State v. Parker, supra at 532, 503 A.2d at 813 (quoting State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984)); State v. Allen, 128 N.H. 390, 397, 514 A.2d 1263, 1268 (1986); see State v. Hood, 127 N.H. 478, 480, 503 A.2d 781, 783 (1985).

Thus, there being no showing that the admission of the prior bad acts evidence was “clearly untenable or unreasonable to the prejudice of [the defendant’s] case,” State v. Parker, supra at 532, 503 A.2d at 813 (quoting State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984)), we cannot say that the trial court abused its discretion in admitting the evidence.

In State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984), we held that, “[t]he decision to join or sever cases for trial is within the discretion of the trial court.

The defendant argues on appeal that the trial court erred in refusing to grant his motion to sever the indictments for separate trials because the incidents underlying the two indictments occurred two weeks apart and because joinder is permissible only if there is a direct relationship between the offenses and if evidence of one offense would have been admissible at a separate trial of the other.

To constitute an abuse of discretion reversible on appeal, the defendant must demonstrate that the ruling of the trial court was “clearly untenable or unreasonable to the prejudice of his case.” State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984).

To constitute an abuse of discretion reversible on appeal, the defendant must show that the trial court’s ruling was “clearly untenable or unreasonable to the prejudice of his case.” State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984).

State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984); State v. Sullivan, 121 N.H. 301, 303-04, 428 A.2d 1247, 1249 (1981); State v. Brooks, 126 N.H. 618, 625, 495 A.2d 1258, 1263 (1985).

The trial court’s decision to admit evidence of a prior offense “will constitute an abuse-of discretion only if ‘clearly untenable or unreasonable to the prejudice of [the defendant’s] case.’” State v. Parker, 127 N.H. 525, 503 A.2d 809 (1985) (quoting State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984)).

The trial court’s decision to admit evidence of a prior bad act will constitute an abuse of discretion only if “clearly untenable or unreasonable to the prejudice of [the defendant’s] case.” State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984).

State v. Whitney, 125 N.H. 636, 638, 484 A.2d 1158, 1159 (1984); State v. Smith, 125 N.H. 522, 525-26, 484 A.2d 1091, 1094 (1984); State v. Barker, 117 N.H. 543, 545-46, 374 A.2d 1179, 1180 (1977).

I. Severance “The decision to join or to sever cases for trial is within the discretion of the trial court.” State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984) (citing State v. Lainey, 117 N.H. 592, 595, 375 A.2d 1162, 1164 (1977)).