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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 IV. TRIAL

WITNESSES

COMPENSATION OF WITNESSES

 

1. Expert witness fees

 

Guidelines for awarding expert witness fees in excess of statutory authority in extraordinary circumstances are prescribed in State v. Shute, 122 NH 498 (1982).


SELECTING AND EMPANELLING A PETIT JURY

 

1. Conduct of voir dire

 

Guidelines for examination of prospective jurors by trial judge on issue of racial bias are prescribed in State v. Gullick, 120 NH 99, 102 - 103 (1980).


MODE AND CONDUCT OF TRIAL IN GENERAL


TRIAL OF A CASE WHERE DEFENSE OF INSANITY IS RAISED

 

1. Trial of defendant receiving medication

 

Guidelines for trial of a defendant receiving medication are provided in State v. Hayes, 118 NH 458 (1978).


SECURITY IN THE COURT

 

1. Restraint of defendant

 

Guidelines and procedure for imposition of physical restraint on defendant are prescribed in State v. Gilbert, 121 NH 305, 311 (1981). See also State v. Woodard, 121 NH 970, 974 (1981).


RECEPTION OF EVIDENCE

1. Character evidence

Guidelines for admission of evidence relating to defendant's character are provided in State v. Ramos, 121 NH 863, 867 - 868 (1981). See also State v. Chaisson, 123 NH 17, 32 - 33 (1983).

2. Prior convictions

Guidelines for admission and use of evidence of prior convictions are provided in State v. Staples, 120 NH 278, 285 - 286 (1980). See also State v. Robinson, 123 NH 532, 535 - 536 (1983).

3. Prior sexual activity

Guidelines for admission and use of evidence relating to prior sexual activity of the victim in a prosecution for rape are prescribed in State v. Howard, 121 NH 53 (1981). See also State v. Preston, 121 NH 147, 149 - 150 (1981).

4. Entrapment

Standards for determination of entrapment and admissibility of evidence are prescribed in State v. Little, 121 NH 765, 769 - 772 (1981).

5. Bloodhound search

The foundation required in order to support the admission of bloodhound evidence is prescribed in State v. Taylor, 118 NH 855, 857 (1978).

6. Pre-indictment photographic identification

Guidelines for admission of a pre-indictment photographic identification are prescribed in State v. Leclair, 118 NH 214, 217 (1978); State v. Perron, 122 NH 941, 948 (1982).

BURDEN OF PROOF

1. Effect of insanity plea

The burden of proof in a prosecution in which the defendant enters a plea of insanity is delineated in Novosel v. Helgemoe, 118 NH 115, 125 - 126 (1978). See also State v. Baker, 120 NH 773, 777 (1980).

JURY INSTRUCTIONS AND REQUESTS FOR JURY INSTRUCTIONS

1. Evidence - Credibility of witnesses

Appropriate jury instructions as to the weight to be accorded the testimony of a police officer are noted in State v. Jones, 119 NH 114, 115 (1979).

2. - Effect of character evidence

Guidelines for instructions as to the effect of evidence relating to defendant's character are provided in State v. Ramos, 121 NH 863, 867 - 869 (1981).

3. - Identification based upon eyewitness testimony

Appropriate jury instructions as to the proper weight to be accorded to the identification of a defendant which is based solely or substantially upon eyewitness testimony are delineated in State v. Burke, 122 NH 565, 571 (1982).

4. - Weight of bloodhound evidence

Appropriate jury instructions as to the proper weight to be accorded to bloodhound evidence are prescribed in State v. Taylor, 118 NH 855, 858 (1978).

5. Criminal liability of defendant - Theory of defense

Requirements for instruction of the jury on a party's theory of defense are delineated in State v. Aubert, 120 NH 634, 635 (1980). See also State v. Guaraldi, 124 NH 93, 97 (1983).

6. - Lesser included offenses

The test for the propriety of an instruction on a lesser included offense is prescribed in State v. Howland, 119 NH 413, 416 - 417 (1979).

7. - Principals and accessories

Appropriate jury instructions, in a trial of an accomplice, regarding the question of the guilt of the principal are noted in State v. Jansen, 120 NH 616, 618 - 619 (1980).

8. - Reasonable doubt

Appropriate jury instructions regarding the reasonable doubt standard are prescribed in State v. Wentworth, 118 NH 832, 838 - 839 (1978). See also State v. Aubert, 120 NH 634, 636 - 637 (1980); State v. Langdon, 121 NH 1065, 1067 - 1068 (1981).

9. - Jury nullification

Guidelines for jury nullification instructions appear in State v. Preston, 122 NH 153, 159 - 160 (1982).

10. - Elements of particular offenses

Suggestions for charging the jury when the indictment specifies a particular crime are provided in State v. Reardon, 121 NH 604, 607 (1981) (prosecution for entering dwelling with purpose of committing the "crime of theft therein").

11. - Order of consideration of guilt and responsibility

Appropriate instructions as to the order in which the jury is to consider criminal guilt and criminal responsibility in a case involving the defense of insanity are delineated in State v. Baker, 120 NH 773, 778 (1980).

12. Supplemental charge upon failure of jury to reach verdict

Guidelines for the supplemental instruction to the jury upon failure to reach a verdict (" Allen " charge) are delineated in State v. Niquette, 122 NH 870, 874 (1982).

POST - VERDICT MOTIONS

1. Motion for new trial based upon newly discovered evidence - Standard

Requirement of "probable" different outcome upon another trial as test for requiring new trial upon basis of newly discovered evidence was prescribed in State v. Boisvert, 119 NH 174, 176 - 177 (1979).

2. - Burden of proof

The evidentiary requirements necessary to justify a new trial based on newly discovered evidence are outlined in State v. Kelly, 120 NH 904, 908 (1980).


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