Legal Opinion · Dissent

State of New Hampshire v. Ashley Hayward

Supreme Court of New Hampshire

Decided August 15, 2014No. 2012-0886Published

1DissentLynn, J.

Although I agree with the majority that the trial court erred in ruling that evidence regarding threats or violent acts directed against the defendant by Tyler Dodge on occasions prior to the day of the robbery were irrelevant to her duress defense, I do not agree that this error requires the reversal of the defendant’s conviction.

I

Our traditional standard of review applicable to trial court evidentiary rulings is that the party claiming error must demonstrate that the trial court’s “ruling was clearly untenable or unreasonable to the prejudice of his case!’ State v. Deschenes, 156 N.H. 71,…

2Cases cited18 opinions

  1. Luce v. United StatesSupreme Court of the United States · 1984
  2. United States v. AdamsCourt of Appeals for the Tenth Circuit · 2001
  3. Wright v. United StatesDistrict of Columbia Court of Appeals · 1986
  4. State v. LopezSupreme Court of New Hampshire · 2007
  5. State v. NoucasSupreme Court of New Hampshire · 2013

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