STATE v. HUNGERFORD

No. 95-429.

142 N.H. 110 (1997)

THE STATE OF NEW HAMPSHIRE v. JOEL HUNGERFORD THE STATE OF NEW HAMPSHIRE v. JOHN A. MORAHAN

Supreme Court of New Hampshire.

July 1, 1997.


Attorney(s) appearing for the Case

Steven M. Houran, attorney general (Cynthia L. White and Mark S. Zuckerman, senior assistant attorneys general, on the brief, and Mr. Zuckerman orally), for the State.

Paul A. Maggiotto, of Concord, by brief and orally, for defendant Joel Hungerford.

Brennan, Caron, Lenehan & Iacopino, of Manchester (Michael J. Iacopino on the brief), for defendant John Morahan.

Thomas A. Pavlinic, of Annapolis, Maryland, and Paul A. Maggiotto, of Concord, by brief for the False Memory Syndrome Foundation, as amicus curiae.

Dechert Price & Rhoads, of Philadelphia, Pennsylvania (Mary A. McLaughlin on the brief), and Ford, Ford & Weaver, P.A., of Portsmouth (Debra Weiss Ford on the brief), for the International Society for Traumatic Stress Studies and the Family Violence & Sexual Assault Institute, as amici curiae.

Mark J. Lopez and Steven R. Shapiro, of New York, New York, and Paul A. Maggiotto, of Concord, by brief for the American Civil Liberties Union, as amicus curiae.

Steven R. Sacks, of Concord, staff attorney, by brief for NEA-New Hampshire, as amicus curiae.


BROCK, C.J.

The State appeals the Superior Court's (Groff, J.) ruling that the testimony of two alleged sexual assault victims is not admissible in criminal prosecutions against the defendants, Joel Hungerford and John Morahan. See RSA 606:10, II (1986). We affirm and remand.

For our limited review of the underlying facts, we will rely on the findings that the trial court made for purposes of its ruling on the admissibility of the complainants...

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