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Unfair prejudice is not mere detriment to a defendant from the tendency of the evidence to prove his guilt.

State v. Cochran, 132 N.H. 670, 673 (1990) (reasoning that where contested evidence carries no particular emotional charge, questions of credibility and reliability fall within jury’s province).

A party objecting to the admission of evidence under Rule 403 bears the burden of showing unfair prejudice.

mere detriment to a defendant from the tendency of the evidence to prove his guilt, in which sense all evidence offered by the prosecution is meant to be prejudicial.” State v. Cochran, 132 N.H. 670, 672 (1990) (citations and quotations omitted).

State v. Cochran, 132 N.H. 670, 672 (1990) (citations and quotations omitted).

It is the plaintiffs’ burden on appeal to demonstrate that the trial court’s ruling was clearly untenable or unreasonable to the prejudice of their case.

To overturn the trial court’s determination on appeal, the defendant must show that “the discretionary ruling is clearly untenable or unreasonable to the prejudice of his case.” State v. Cochran, 132 N.H. 670, 672, 569 A.2d 756, 757 (1990).

On the facts of this case, it is unlikely the jury would have discerned an excessive number of prior bad acts, and thus the delicate balance was not tipped toward “an undue tendency to induce a decision against the defendant on some improper basis.” State v. Cochran, 132 N.H. 670, 672, 569 A.2d 756, 757 (1990).

By its nature, this is precisely the sort of evidence that could create “an undue tendency to induce a decision against the defendant on some improper basis,” State v. Cochran, 132 N.H. 670, 672, 569 A.2d 756, 757 (1990), for it effectively “obscured the charged offense and may have tempted the jury to condemn the defendant for uncharged [acts],” Carter, 140 N.H. at 5, 662 A.2d at 291.

on some improper basis, commonly one that is emotionally charged.” State v. Cochran, 132 N.H. 670, 672, 569 A.2d 756, 757 (1990) (citations omitted).

The admission of this highly prejudicial evidence had an undue tendency to improperly induce a decision against the defendant and therefore requires reversal.

As the references in these threats to the death of the victim’s pets were not offered for their truth, but rather for the limited purpose of substantiating the victim’s fear and explaining her delay in reporting the abuse, the trial court was well within its discretion to allow their introduction.

To show that the trial court abused its discretion, the defendant must “demonstrate that the discretionary ruling [was] clearly untenable or unreasonable to the prejudice of his case.” State v. Cochran, 132 N.H. 670, 672, 569 A.2d 756, 757 (1990).

To reverse a conviction, the defendant must demonstrate that the trial court’s discretionary ruling was clearly untenable or unreasonable to the prejudice of his case.

“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 [the appellant’s] case.” State v. Cochran, 132 N.H. 670, 672, 569 A.2d 756, 757 (1990).

In order to show that the trial court abused its discretion in applying Rule 403, the defendant must “demonstrate that the discretionary ruling [was] clearly untenable or unreasonable to the prejudice of his case.” State v. Cochran, 132 N.H. 670, 672, 569 A.2d 756, 757 (1990).

“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. Cochran, 132 N.H. 670, 672, 569 A.2d 756, 757 (1990).