Case Guidelines for Conduct of Criminal Proceedings Table of Contents
[ Editor's Note: These Guidelines have not been updated since 1984.]
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).
Case Guidelines for Conduct of Criminal Proceedings Table of Contents