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Case Guidelines for Conduct of Criminal Proceedings Table of Contents

Case Guidelines For Conduct Of Criminal Proceedings

[ Editor's NoteThese Guidelines have not been updated since 1984.]

PART III. PROCEEDINGS BEFORE TRIAL

DISCOVERY

1. Discovery of information protected by qualified privilege of news reporters

Guidelines and procedures for discovery of information protected by qualified privilege of news reporters are prescribed in State v. Seil, 122 NH 254, 259 - 260 (1982).

2. Discovery by deposition of information regarding prior sexual activity of rape victim

Standards and procedure for discovery by deposition of information relating to the prior sexual activity of the prosecutrix in a rape case are prescribed In State v. Miskell, 122 NH 842, 846 - 847 (1982).

3. Psychiatric examination of rape victim

Standards for requirement of psychiatric examination of complaining witness in a sexual assault case are prescribed in State v. Boisvert, 119 NH 174, 178 (1979).

4. Sanctions for noncompliance with discovery orders

Disciplinary weapons which may be employed if a party does not timely comply with a discovery order are delineated in State v. Arthur, 118 NH 561, 564 (1978).


PROCEDURAL METHODS OF RAISING DEFENSES PRIOR TO TRIAL


COMPETENCY AND INSANITY

1. In general

Detailed guidelines for pretrial and trial procedures in cases involving pleas of insanity are prescribed in Novosel v. Helgemoe, 118 NH 115, 121 - 127 (1978). See also State v. Lister, 122 NH 603, 608 (1982); Superior Court Rule 152.

2. Psychiatric evaluation

Procedure where the trial court orders a psychiatric evaluation to determine the competency of the defendant to stand trial is prescribed in State v. Bertrand, 123 NH 719, 728 - 729 (1983).


MOTIONS TO SUPPRESS EVIDENCE AND LIMIT EVIDENCE AT TRIAL


MOTIONS IN LIMINE

1. Evidence of prior convictions

Guidelines relating to use of motions in limine to challenge admissibility of prior convictions not grounded in deceit are prescribed in State v. Staples, 120 NH 278, 285 - 286 (1980).


PLEA NEGOTIATIONS AND PLEA OF GUILTY


THE PLEA NEGOTIATING PROCESS

1. Conditional plea bargains

"Conditional plea bargains," wherein the defendant pleads guilty, but reserves his right to challenge certain aspects of the proceedings, were disapproved in State v. Parkhurst, 121 NH 821 (1981).


FORMALITIES AND REQUIREMENTS OF VALID PLEA OF GUILTY

1. Advice of consequences of plea

Requirement that defendant be advised of direct consequences, but not collateral consequences, of plea of guilty was formulated in State v. Fournier, 118 NH 230, 231 (1978).


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