State v. McIntyre

I concur with the majority in adopting, for the purposes of the relatedness test in State v. Ramos, the definition of a “common- plan” that we have previously used in the context of New Hampshire Rule of Evidence 404(b). See State *469v. Melcher, 140 N.H. 823, 828-29 (1996); State v. Michaud, 150 N.H. 359, 361 (2003) (assuming without deciding that the Rule 404(b) standard applies); see also State v. Ramos, 149 N.H. 118, 128 (2003). I write separately, however, because I disagree with the trial court’s finding that the charged acts constituted a “common plan.” Consequently, I would normally…