New Hampshire Jury Instruction - Counterfeit - Possession with Intent to Defraud
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The defendant was charged with distributing heroin. The fact that some of his customers died from the heroin was too prejudicial to be admitted at trial. Though this evidence was surely admissible at sentencing, it was not probative of any issue at trial and therefore should have been excluded under Rule 403.
Rule 11. (a) A request for court order must be made by motion which must (1) be in writing unless made during a hearing or trial, (2) state with particularity the grounds for seeking the order, and (3) state the relief sought.
(b) Other Crimes, Wrongs, or Acts. (1) Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith.
Rule 403 is known to all lawyers as the "prejudice" rule. It says that relevant evidence may. be excluded if its probative value is substantially outweighed by any of three effects that detract. from a fair trial. 1) unfair prejudice.
Methods of Proving Character. (a) By Reputation or Opinion. When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion.
Depositions. (a) A party may take as many depositions as necessary to adequately prepare a case for trial so long as the combined total of deposition hours does not exceed 20 unless otherwise stipulated by counsel or ordered by the court for good cause shown.
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons | New Hampshire Judicial Branch.
Legal Overview. Rule 404(b) states that evidence of other crimes, wrongs, or acts may not be used as evidence of a person's character for ?propensity? purposes ? that is, to show that the person likely acted in a manner consistent with the other crime, wrong, or act in the present case.
The superior court will dismiss without prejudice all felony complaints and enhanced misdemeanors if the defendant has not been indicted within 60 days after the defendant has appeared in superior court to answer to the charge.