State v. Blackey

The defendant, Carolyn Blackey, appeals her conviction of simple assault following a jury trial in the Superior Court (Temple, J.). The sole issue on appeal is whether the trial court erred in admitting “prior bad acts” evidence pursuant to New Hampshire Rule of Evidence 404(b). We hold the evidence inadmissible and therefore reverse.

The State accused Blackey of injuring a four-year-old girl who attended the day care center Blackey owned and operated. Specifically, the State attempted to prove that Blackey stuck three of the child’s fingers together with a diaper pin, fastened the pin, and…