STATE v. CARTER

No. 94-114.

140 N.H. 1 (1995)

THE STATE OF NEW HAMPSHIRE v. DONALD CARTER

Supreme Court of New Hampshire.

July 19, 1995.


Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (Cynthia L. White, assistant attorney general, on the brief and orally), for the State.

James E. Duggan, chief appellate defender, of Concord, Rebecca A. Thorne, public defender, of Stratham, and Lawrence Vogelman, public defender, of Concord (Mr. Duggan and Ms. Thorne on the brief, and Mr. Vogelman orally), for the defendant.


JOHNSON, J.

A jury in the Superior Court (O'Neil, J.) found the defendant, Donald Carter, guilty of aggravated felonious sexual assault, RSA 632-A:2 (1986). The defendant argues that the trial court abused its discretion by allowing the State, pursuant to New Hampshire Rule of Evidence 404(b), to introduce evidence that he had perpetrated other sex-related crimes upon the victim. We reverse and remand.

In 1993, the State charged the defendant with sexually...

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