Cited by
Opinions in New Hampshire that cite State v. Ellison, 599 A.2d 477.
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State v. Russo
62 A.3d 798
N.H. 2013
At the heart of these cases is a concern about the unfairness of allowing the jury to hear evidence of other crimes committed by the defendant that are similar to that for which the defendant is on trial.
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State v. Willey
44 A.3d 431
N.H. 2012
Compare Kerwin, 144 N.H. at 361 (holding that statement that “that man raped some girl” was highly prejudicial and warranted mistrial), and State v. Ayotte, 146 N.H. 544, 548 (2001) (holding that testimony about prior fire was similar to charged offense and warranted mistrial), with State v. Ellison, 135 N.H. 1, 5-6 (1991) (holding that a mistrial was not required in assault case where inadmissible testimony that the defendant previously fractured victim’s nose could be viewed as an accident and
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State v. Carbo
864 A.2d 344
N.H. 2004
The proper inquiry in this case, for determining whether the defendant was so substantially prejudiced that the remedy of mistrial was required, is whether the fact that the alleged prior acts were criminal in nature was unambiguously revealed to the jury.
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State v. Remick
829 A.2d 1079
N.H. 2003
Cf State v. Ellison, 135 N.H. 1, 6 (1991) (inadmissible testimony, introduced contrary to prior court order, did not entitle defendant to mistrial).
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State v. Dupont
816 A.2d 954
N.H. 2003
“To justify a mistrial, prejudicial testimony must be more than inadmissible, it must constitute an irreparable injustice that cannot be cured by jury instructions.” State v. Ellison, 135 N.H. 1, 4 (1991) (quotations omitted).
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State v. Hall
813 A.2d 501
N.H. 2002
“Where the testimony is ambiguous, a defendant is not so substantially prejudiced that a mistrial is required.” State v. Ellison, 135 N.H. 1, 6 (1991).
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State v. Decosta
772 A.2d 340
N.H. 2001
As the trial court is in the best position to gauge any prejudicial effect the prosecutor’s closing remarks may have had on the jury, we review the trial court’s decision declining to give an instruction under an abuse of discretion standard.
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State v. Pandolfi
765 A.2d 1037
N.H. 2000
In this context, when deciding whether a defendant suffered irreparable injustice, we examine whether the inadmissible testimony unambiguously conveyed to the jury that the defendant had committed an act which was criminal in nature.
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State v. Kerwin
742 A.2d 527
N.H. 1999
Rather, introduction of the inadmissible evidence must make it unjust to allow the case to continue to a verdict.
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State v. Boetti
699 A.2d 585
N.H. 1997
The trial court is in the best position to determine what remedy will adequately correct the prejudice created by a prosecutor’s remarks, and absent an abuse of discretion, we will not overturn its decision.
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State v. Roy
668 A.2d 41
N.H. 1995
State v. Ellison, 135 N.H. 1, 4, 599 A.2d 477, 479-80 (1991) (quotations and citations omitted); see, e.g., State v. Degre, 137 N.H. 512, 513-14, 629 A.2d 818, 819 (1993).
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State v. Sanchez
663 A.2d 629
N.H. 1995
“Where the testimony is ambiguous, a defendant is not so substantially prejudiced that a mistrial is required.” State v. Ellison, 135 N.H. 1, 6, 599 A.2d 477, 480 (1991).
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State v. Bassett
659 A.2d 891
N.H. 1995
Hastings, 137 N.H. at 605, 631 A.2d at 529; State v. Michaud, 135 N.H. 723, 728, 610 A.2d 354, 357 (1992); State v. Ellison, 135 N.H. 1, 4, 599 A.2d 477, 479 (1991).
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State v. Martin
643 A.2d 946
N.H. 1994
Because the trial court is in the best position to gauge prejudicial impact, it has broad discretion to determine whether a mistrial or other remedial action is necessary.
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State v. Rogers
642 A.2d 932
N.H. 1994
“To justify a mistrial, prejudicial testimony must be more than inadmissible, it must constitute an irreparable injustice that cannot be cured by jury instructions.” State v. Ellison, 135 N.H. 1, 4, 599 A.2d 477, 479 (1991) (quotations omitted).
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State v. Collins
637 A.2d 153
N.H. 1994
Absent an abuse of that discretion, we will not overturn the trial court’s decision.
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State v. Richardson
635 A.2d 1361
N.H. 1993
To justify a mistrial, the defendant must show that he has been irreparably harmed by the allegedly damaging testimony.
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State v. Giordano
635 A.2d 482
N.H. 1993
A trial court’s denial of a mistrial will not be overturned absent an abuse of discretion, State v. Hunter, 132 N.H. 556, 561, 567 A.2d 564, 568 (1989), due to the trial court’s unique ability to gauge the reaction of the jury to any potentially prejudicial information, State v. Ellison, 135 N.H. 1, 4, 599 A.2d 477, 480 (1991); Lemire, 130 N.H. at 555, 543 A.2d at 427.
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State v. Drew
633 A.2d 108
N.H. 1993
Prejudice is inherent when the jury is exposed to evidence of other similar crimes committed by the defendant.
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Chadwick v. CSI, Ltd.
629 A.2d 820
N.H. 1993
We will not reverse a trial court’s decision on whether to grant a mistrial absent an abuse of discretion.
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Border Brook Terrace Condominium Ass'n v. Gladstone
622 A.2d 1248
N.H. 1993
For example, we have upheld a trial judge’s choice of curative instructions over a declaration of mistrial where the offending remarks were ambiguous, see State v. Ellison, 135 N.H. 1, 4, 599 A.2d 477, 480 (1991), where the complaining party appeared to have brought the problem on himself, see Panas v. Harakis & K-Mart Corp., 129 N.H. 591, 614-15, 529 A.2d 976, 990 (1987), and where the incremental prejudicial effect of the remarks seemed to have been minimal, see Blais v. Town of Goffstown
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State v. W.J.T. Enterprises, Inc.
618 A.2d 806
N.H. 1992
We also note that although the defendants may have been entitled to a limiting instruction regarding the purpose for which the testimony was admitted, none was requested.
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State v. Sammataro
607 A.2d 135
N.H. 1992
State v. Ellison, 135 N.H. 1, 4, 599 A.2d 477, 480 (1991); see also State v. Killam, 133 N.H. 458, 463, 578 A.2d 850, 853 (1990).