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STATE v. ELLSWORTH

No. 2003-354

151 N.H. 152 (2004)

THE STATE OF NEW HAMPSHIRE v. RICHARD ELLSWORTH

Supreme Court of New Hampshire

Opinion Issued: June 25, 2004

Attorney(s) appearing for the Case

Peter W. Heed, attorney general (Elizabeth A. Dunn, assistant attorney general, on the brief and orally), for the State.

Christopher M. Johnson, chief appellate defender, of Concord, on the brief and orally, for the defendant.

DUGGAN, J.

The defendant, Richard Ellsworth, was convicted after a jury trial in Superior Court (Mohl, J.) on one count of aggravated felonious sexual assault, see RSA 632-A:2, II (Supp. 2003), and three counts of felonious sexual assault, see RSA 632-A:3, III (1996). On appeal, he argues that the trial court erred when it: (1) denied his motion for a mistrial after the prosecutor made unfairly prejudicial statements during closing argument; and...

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