THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 97-588, State of NH v. Bountham Sonthikoummane, the court upon December 19, 2000, made the following order:

Defendant's motion for reconsideration, to the extent that it seeks reconsideration regarding whether portions of a third party's confession inculpating the defendant were erroneously admitted and whether the trial court erred by admitting evidence of "unexplained wealth," is denied, except that the citation following the first sentence in the last paragraph of the slip opinion at page 5 is modifed such that the sentence and citation read as follows:

Statements in a confession that may tend to exculpate the declarant are admissible under Rule 804(b)(3) if their trustworthiness is supported by corroborating evidence. Id. at 345-46, 605 A.2d at 1036.

The court shall allow memoranda and oral argument on defendant's motion for reconsideration to the extent that it seeks reconsideration on whether the trial court erred in not allowing the defendant's wife to testify. The parties shall submit memoranda not to exceed ten pages regarding whether the court should grant reconsideration. Defendant shall file his memorandum on or before January 4, 2001. The State shall file its memorandum on or before January 19, 2001. The motion for reconsideration regarding the testimony of the defendant's wife shall be scheduled for oral argument of five minutes per side during the February 2001 oral argument session.

Brock, C.J., and Broderick, Nadeau, and Dalianis, JJ., concurred.

Howard J. Zibel,

Clerk

Date of clerk's notice of decision: December 20, 2000