State v. Quintero

I agree with the majority that State v. Williams, 137 N.H. 343 (1993), should be overruled prospectively and that the defendant’s conviction should be affirmed. I write separately, however, because I arrive at the first decision on somewhat different grounds than the majority.

As an initial matter, although I agree with the majority that our post-Williams decisions have made it difficult to determine in exactly what circumstances the jury instruction it requires is mandated, I am less skeptical than the majority about the applicability of Williams to the facts of this case. I believe that,…