State v. Dukette

The defendant, Sherry Dukette, is charged with first degree murder for the stabbing of her boyfriend. She has filed a notice of self-defense. We granted the State a stay of the defendant’s jury trial in Superior Court (Brennan, J.) to file this interlocutory appeal pursuant to RSA 606:10 (1986). On appeal, the State challenges the trial court’s decision (1) to allow the defendant to introduce specific instances of the alleged victim’s aggressive conduct toward her pursuant to New Hampshire Rules of Evidence 404(a)(2) and 405, and (2) to deny the State’s request to rebut the defendant’s…