State v. Rodriguez

Consistent with the law of most jurisdictions, New Hampshire Rule of Evidence 801(d)(2)(E) permits the introduction of co-conspirators’ statements when made during the course of and in furtherance of a conspiracy. However, post-arrest statements of co-conspirators are not admissible under this rule.1 In this case, a substantial number of post-arrest co-conspirator statements were improperly admitted during the trial of the defendant, Hector Rodriguez, before the Superior Court (Colburn, J.) on charges of burglary, conspiracy to commit burglary, first degree assault, accomplice to first degree…