STATE v. FORBES

No. 2007-573.

953 A.2d 433 (2008)

The STATE of New Hampshire v. John FORBES.

Supreme Court of New Hampshire.

Opinion Issued: August 6, 2008.


Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Nicholas Cort, 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, John Forbes, was convicted by a jury in Superior Court of one count of aggravated felonious sexual assault. See RSA 632-A:2, II (2007). On appeal, he argues that the Trial Court (Coffey, J.) erred in admitting evidence of his silence as an adoptive admission pursuant to New Hampshire Rule of Evidence 801(d)(2)(B). Because we agree that the trial court unsustainably exercised its discretion by admitting this evidence, we reverse...

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