State v. Melvin, 88-206
| Decision Date | 09 October 1989 |
| Docket Number | No. 88-206,88-206 |
| Citation | 564 A.2d 458,132 N.H. 308 |
| Parties | The STATE of New Hampshire v. David A. MELVIN. |
| Court | New Hampshire Supreme Court |
Jeffrey R. Howard, Acting Atty. Gen. (Janet C. Gorman, on the brief, and Peter G. Beeson, Sr. Asst. Atty. Gen., orally), for the State.
James E. Duggan, Chief Appellate Defender, Concord, by brief and orally, for defendant.
The defendant was convicted following a jury trial on two counts of aggravated felonious sexual assault of his fifteen-year-old daughter. The defendant argues on appeal that the Trial Court (Gray, J.) erred in admitting at trial statements which he made to a minister during spiritual counseling when the minister's wife was also present. For the reasons that follow, we affirm.
According to testimony adduced at trial, the defendant's daughter first informed her mother in January 1987 that the defendant had been having sexual intercourse with her and had threatened to put her in a youth detention center if she failed to comply with his requests. When the defendant's wife confronted him with this information, he moved out of the family home. He returned two weeks later and tearfully confessed to the entire family that he was "a Christian now" and that he had lied and had done "everything she said."
Thereafter, the defendant began to attend church with his family. The defendant's wife and daughter sought counseling with the pastor of their church, Mr. Kenneth Kashner, and they revealed their situation to him. Mr. Kashner, who was not a certified pastoral counselor, then confronted the defendant and threatened to expose him to the police if he did not confess and seek counseling. Several days later, the defendant met with the minister and, while also in the presence of the minister's wife, made several inculpatory statements. The defendant subsequently attended several more counseling sessions with Mr. Kashner.
In March 1987, a social worker interviewed the defendant's daughter while investigating independent allegations of physical and verbal abuse. When the defendant's daughter revealed that the defendant had sexually abused her, the matter was referred to the police.
The defendant was indicted in May 1987 on two counts of aggravated felonious sexual assault. Prior to trial, he moved to suppress his statements to Mr. Kashner as privileged communications made to a licensed minister, under New Hampshire Rule of Evidence 505. The trial court denied the motion, finding that the defendant had effectively waived the privilege by making the statements in the presence of the minister's wife. The defendant was tried and convicted, and he now appeals.
New Hampshire Rule of Evidence 505 provides:
"A priest, rabbi or ordained or licensed minister of any church or a duly accredited Christian Science practitioner shall not be required to disclose a confession or confidence made to him or her in his or her professional character as spiritual advisor unless the person confessing or confiding waives the privilege."
Generally, the presence of an "extraneous" third party during a privileged conversation operates to destroy the privilege. See State v. LaRoche, 122 N.H....
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...waivable. See, e.g., Commissioner of Revenue v. Comcast Corp., 453 Mass. 293, 304, 901 N.E.2d 1185 (2009); State v. Melvin, 132 N.H. 308, 309–310, 564 A.2d 458 (1989). As the parties observe, there are no cases interpreting N.H.Rev.Stat. Ann. § 237:16–e or the analogous Massachusetts statut......
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State v. Willis
...Inc., 724 F.2d 413, 415 (4th Cir.1984)."It is well settled that statutory privileges should be strictly construed." State v. Melvin, 132 N.H. 308, 310, 564 A.2d 458 (1989). When interpreting a rule of evidence, as with a statute, we will first look to the plain meaning of the words. State v......
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State v. Dilboy
...the presence of an extraneous third party during a privileged conversation operates to destroy the privilege. See State v. Melvin, 132 N.H. 308, 310, 564 A.2d 458 (1989). Because the defendant knew Gould was in the room, his presence destroyed the physician-patient privilege. See Al–Asadi v......
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The State Of N.H. v. Dilboy
...the presence of an extraneous third party during a privileged conversation operates to destroy the privilege. See State v. Melvin, 132 N.H. 308, 310, 564 A.2d 458 (1989). Because the defendant knew Gould was in the room, his presence destroyed the physician-patient See Al-Asadi v. City of P......
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Using Traditional Privileges
...the defendant’s argument that Michigan had created an evidentiary privilege for religious communications. 58 See also State v. Melvin , 132 N.H. 308, 564 A.2d 458 (1989); Mullins v. State , 721 N.E.2d 335 (Ind.App. 1999); State v. Richmond , 590 N.W.2d 33 (Iowa 1999); State v. Ellis, 756 So......
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Using traditional privileges
...74 There is, however, a special privilege that was implemented pursuant to the Internal Revenue Service 72 See also State v. Melvin , 132 N.H. 308, 564 A.2d 458 (1989); Mullins v. State , 721 N.E.2d 335 (Ind.App. 1999); State v. Richmond , 590 N.W.2d 33 (Iowa 1999); State v. Ellis, 756 So.2......
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Using Traditional Privileges
...63 The privilege is a weak one, however, that must be balanced against other significant rights. 64 58 See also State v. Melvin , 132 N.H. 308, 564 A.2d 458 (1989); Mullins v. State , 721 N.E.2d 335 (Ind.App. 1999); State v. Richmond , 590 N.W.2d 33 (Iowa 1999); State v. Ellis, 756 So.2d 41......