Cited by
Opinions in New Hampshire that cite State v. Bassett, 659 A.2d 891.
-
State v. Moses
2025 N.H. 36
N.H. 2025
We have recognized that “unfair prejudice is inherent in evidence of other similar crimes or prior convictions.” State v. Bassett, 139 N.H. 493, 502 (1995).
-
State v. Addison
165 N.H. 381
N.H. 2013
State v. Glodgett, 144 N.H. 687, 694 (2000); State v. Bassett, 139 N.H. 493, 497 (1995).
-
State v. Davidson
44 A.3d 454
N.H. 2012
imitation, the State at trial seized the opportunity to portray the dynamic between the defendant and the complainant as that of a controlling perpetrator and controlled victim, and to characterize the defendant as “an abuser.” “Context, in this instance, [became] merely a synonym for propensity.” Melcher, 140 N.H. at 830 (quotation omitted); see also Glodgett, 144 N.H. at 694; State v. Bassett, 139 N.H. 493, 501-02 (1995).
-
State v. BELONGA
42 A.3d 764
N.H. 2012
Unfair prejudice is inherent in evidence of other similar crimes or wrongs because, notwithstanding the permissible reasons for which such evidence might be admitted, there is a risk that the jury will find the defendant had a propensity to commit the charged crime merely because the defendant committed a similar crime or wrong in the past.
-
State v. Cassavaugh
12 A.3d 1277
N.H. 2010
*96 “The purpose of Rule 404(b) in a criminal trial is to ensure that the defendant is tried on the merits of the crime as charged and to prevent a conviction based on evidence of other crimes or wrongs.” State v. Bassett, 139 N.H. 493, 496 (1995).
-
State v. Brown
986 A.2d 547
N.H. 2009
see McIntyre, 151 N.H. at 470 (Broderick, C.J., dissenting) (emphasizing that appellate review of trial court’s ruling on joinder should only be based upon the evidence before the motion judge); cf. State v. Bassett, 139 N.H. 493, 497 (1995) (scope of review of Rule 404(b) pretrial ruling limited to “the time of the State’s proffer and the court’s ruling thereon; namely, pretrial”).
-
State v. Pepin
940 A.2d 221
N.H. 2007
“To be relevant to intent, evidence of other bad acts must be able to support a reliable inference, not dependent on the defendant’s character or propensity, that the defendant had the same intent on the occasions of the charged and uncharged acts.” State v. Bassett, 139 N.H. 493, 499 (1995).
-
State v. Beltran
904 A.2d 709
N.H. 2006
The purpose of Rule 404(b) is to ensure that the defendant is tried on the merits of the crime as charged and to prevent a conviction based upon evidence of other crimes or wrongs.
-
State v. Kim
897 A.2d 968
N.H. 2006
The purpose of Rule 404(b) is to ensure that the defendant is tried on the merits of the crime as charged and to prevent a conviction based upon evidence of other crimes or wrongs.
-
State v. Sawtell
872 A.2d 1013
N.H. 2005
The purpose of Rule 404(b) in a criminal trial is to *182 ensure that the defendant is tried on the merits of the crime as charged and to prevent a conviction based on evidence of other crimes or wrongs.
-
State v. Smalley
855 A.2d 401
N.H. 2004
“[Ujnfair prejudice is inherent in evidence of other similar crimes or prior convictions.” State v. Bassett, 139 N.H. 493, 502 (1995).
-
State v. Watkins
813 A.2d 435
N.H. 2002
Nevertheless, we have also “recognized that unfair prejudice is inherent in evidence of other similar crimes or prior convictions.” State v. Bassett, 139 N.H. 493, 502 (1995).
-
State v. Berry
803 A.2d 593
N.H. 2002
Rule 404(b) ensures that the defendant in a criminal trial is “tried on the merits of the crime as charged and [prevents] a conviction based on evidence of other crimes or wrongs.” State v. Bassett, 139 N.H. 493, 496 (1995).
-
State v. Brewster
796 A.2d 158
N.H. 2002
“To be relevant to intent, evidence of other bad acts must be able to support a reliable inference, not dependent on the *649 defendant’s character or propensity, that the defendant had the same intent on the occasions of the charged and uncharged acts.” Slate v. Bassett, 139 N.H. 493, 499 (1995).
-
State v. Dukette
761 A.2d 442
N.H. 2000
Next, to ensure that the relevant link between the prior bad acts and the charged conduct is not merely the defendant’s propensity to act violently toward the alleged victim, there must exist a sufficient logical connection between the prior acts and the defendant’s state of mind at the time of the charged conduct.
-
State v. Glodgett
749 A.2d 283
N.H. 2000
State v. Haley, 141 N.H. 541, 547-48, 689 A.2d 671, 675-76 (1997); State v. Bassett, 139 N.H. 493, 499-500, 659 A.2d 891, 896 (1995).
-
State v. Kerwin
742 A.2d 527
N.H. 1999
404(b); see generally State v. Bassett, 139 N.H. 493, 497, 499, 659 A.2d 891, 894, 896 (1995); namely, that the defendant acted purposefully for sexual arousal and gratification, see RSA 632-A:1, IV,:4 (1996), and not to enhance the artistic value of the nude photography.
-
State v. Monroe
711 A.2d 878
N.H. 1998
Motive has been defined as “supplying the reason that nudges the will and prods the mind to indulge the criminal intent.” State v. Bassett, 139 N.H. 493, 497, 659 A.2d 891, 895 (1995) (quotation omitted).
-
State v. Ellsworth
709 A.2d 768
N.H. 1998
First, the defendant sought to admit Klare’s testimony as evidence of a “motive to gain attention and affection from teachers, *717 counselors and staff members.” “Motive has been defined as supplying the reason that nudges the will and prods the mind to indulge the criminal intent.” State v. Bassett, 139 N.H. 493, 497, 659 A.2d 891, 895 (1995) (quotation omitted).
-
State v. Croft
696 A.2d 1117
N.H. 1997
State v. Bassett, 139 N.H. 493, 496, 659 A.2d 891, 894 (1995) (discussing three-pronged analysis for admissibility under Rule 404(b)).
-
Opinion of the Justices
688 A.2d 1006
N.H. 1997
“The purpose of Rule 404(b) in a criminal trial is to ensure that the defendant is tried on the merits of the crime as charged and to prevent a conviction based on evidence of other crimes or wrongs.” State v. Bassett, 139 N.H. 493, 496, 659 A.2d 891, 894 (1995).
-
Distinguished
State v. Haley
689 A.2d 671
N.H. 1997
The evidence was therefore “relevant for a purpose other than to show the defendant’s bad character or disposition,” State v. Bassett, 139 N.H. 493, 496, 659 A.2d 891, 894 (1995), and met the first prong of the Rule 404(b) admissibility test.
-
State v. Castine
681 A.2d 653
N.H. 1996
We consider only what was presented at the pretrial hearing on the admissibility of this testimony in reviewing its relevance.
-
State v. Smith
681 A.2d 1215
N.H. 1996
Evidence of other crimes is not admissible unless: (1) it is relevant for a purpose other than to show the defendant’s bad character or disposition; (2) there is clear proof that the defendant committed the other crimes or acts; and (3) prejudice to the defendant does not substantially outweigh the probative value of the evidence.
-
State v. Aubuchont
679 A.2d 1147
N.H. 1996
State v. Bassett, 139 N.H. 493, 497, 659 A.2d 891, 894-95 (1995) (considering only information available before trial when reviewing in limine motion to avoid “pitfall of justifying.
- State v. Newell 679 A.2d 1142 N.H. 1996
-
State v. Melcher
678 A.2d 146
N.H. 1996
In a criminal trial, this rule serves “to ensure that the defendant is tried on the merits of the crime as charged and to prevent a conviction based on evidence of other crimes or wrongs.” State v. Bassett, 139 N.H. 493, 496, 659 A.2d 891, 894 (1995).
-
State v. Koehler
669 A.2d 788
N.H. 1995
We will overturn the trial *471 court’s decision only if the defendant can show that the court abused its discretion; i.e., that the decision was clearly untenable or unreasonable to the prejudice of his case.
-
State v. Steed
665 A.2d 1072
N.H. 1995
401, 403, and express no opinion whether our recent decisions in State v. Bassett, 139 N.H. 493, 659 A.2d 891 (1995), and State v. McGlew, 139 N.H. 505, 658 A.2d 1191 (1995), would compel a different analysis or result.
-
State v. Trempe
663 A.2d 620
N.H. 1995
State v. Bassett, 139 N.H. 493, 496, 659 A.2d 891, 894 (1995); State v. Lapage, 57 N.H. 245, 289, 304 (1876).
-
State v. Lucius
663 A.2d 605
N.H. 1995
Rule íOU(b) Evidence Because of recent developments in the law of evidence in the area of New Hampshire Rule of Evidence 404(b), see State v. Bassett, 139 N.H. 493, 659 A.2d 891 (1995); State v. McGlew, 139 N.H. 505, 658 A.2d 1191 (1995), we defer to the trial court for an initial determination of the admissibility of the defendant’s prior bad acts on remand.
-
State v. Carter
662 A.2d 289
N.H. 1995
“The purpose of Rule 404(b) in a criminal trial is to ensure that the defendant is tried on the merits of the crime as charged and to prevent a conviction based on evidence of other crimes or wrongs.” State v. Bassett, 139 N.H. 493, 496, 659 A.2d 891, 894 (1995).
-
State v. Kirsch
662 A.2d 937
N.H. 1995
“The purpose of Ride 404(b) in a criminal trial is to ensure that the defendant is tried on the merits of the crime as charged and to prevent a conviction based on evidence of other crimes or wrongs.” State v. Bassett, 139 N.H. 493, 496, 659 A.2d 891, 894 (1995).
-
State v. McGlew
658 A.2d 1191
N.H. 1995
Notwithstanding the defendant’s contention to the contrary, when intent is not conceded by the defense, and it is an element of the crime to be proven by the State, it is sufficiently at issue to require evidence at trial.