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OPINION OF THE JUSTICES

No. 96-280.

141 N.H. 562 (1997)

OPINION OF THE JUSTICES (Prior Sexual Assault Evidence)

Supreme Court of New Hampshire.

January 24, 1997.

Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (Cynthia L. White, assistant attorney general, on the memorandum), filed a memorandum in support of negative answers to the questions presented.

James E. Duggan, chief appellate defender, of Concord, filed a memorandum in support of affirmative answers to the questions presented.

Douglas & Douglas, of Concord (Charles G. Douglas, III on the memorandum), filed a memorandum on behalf of the New Hampshire House Committee on Corrections and Criminal Justice in support of negative answers to the questions presented.

Charles R. Johnson, of Claremont, filed a memorandum in support of negative answers to the questions presented.

Hank Amsden, of Concord, filed a memorandum in support of a negative answer to question two.

The following request of the senate for an opinion of the justices was adopted on April 18, 1996, and filed with the supreme court on April 26, 1996:

"Whereas, there is pending in the senate, HB 1549, `An act relative to the admissibility of a prior sexual assault into evidence in certain prosecutions' as amended by the house; and

"Whereas, the senate has adopted an amendment to HB 1549 (document #5798L); and

"Whereas, RSA 632-A:6 as proposed by HB...

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