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STATE v. LAVOIE

No. 2004-095.

152 N.H. 542 (2005)

THE STATE OF NEW HAMPSHIRE v. MICHELLE L. LAVOIE (BYRON)

Supreme Court of New Hampshire.

Opinion Issued: August 18, 2005.

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Susan P. McGinnis, assistant attorney general, on the brief and orally), for the State.

Andrew Winters, assistant appellate defender, of Concord, on the brief and orally, for the defendant.

DUGGAN, J.

Following a jury trial, the defendant, Michelle L. Lavoie, was convicted of one count of manslaughter. See RSA 630:2, I(b) (1996). The defendant appeals from various rulings by the Superior Court (Mohl, J.), arguing that the court erred in: (1) allowing an expert witness to testify about her blood alcohol concentration (BAC); (2) striking her notice of affirmative defenses; (3) failing to instruct the jury on the defense of competing harms...

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