State v. Woodbury

Decision Date07 December 1983
Docket NumberNo. 83-085,83-085
Citation124 N.H. 218,469 A.2d 1302
PartiesThe STATE of New Hampshire v. Thomas P. WOODBURY.
CourtNew Hampshire Supreme Court

Gregory H. Smith, Atty. Gen. (T. David Plourde, Concord, on the brief and orally), for the State.

Joanne S. Green, Asst. Appellate Defender, Concord, by brief and orally, for defendant.

KING, Chief Justice.

The defendant appeals his conviction in Superior Court (Dunn, J.) for robbery, RSA 636:1. The sole issue presented upon appeal is whether the trial court erred in denying the defendant's motion for a mistrial after a witness for the State testified as to a prior armed robbery charge brought against the defendant. We hold that this testimony was inadmissible and sufficiently prejudicial to require a new trial.

The evidence presented at the defendant's trial revealed that on the night of December 21, 1981, John Rigney, Jr., owner of the Candy Corner Store, was robbed at knife point in a parking lot as he left his store after closing up for the night. His assailant, who was wearing an orange sweatshirt and a stocking mask and was wielding an ordinary kitchen knife with a six-inch blade, ordered Mr. Rigney to hand over his cash box and then fled on foot between two adjacent buildings. The cash box included approximately one roll each of nickels, dimes, and quarters, along with some loose half dollars and coin wrappers.

Following the incident, Mr. Rigney got into his car and drove immediately to a nearby store to call the police. Prior to entering the store, however, he observed a car driven by a man wearing an orange sweatshirt, whom he believed was his assailant. He followed the car and noted its description and license plate number for the police.

Approximately one hour after the reported robbery, the Laconia police stopped a car matching the registration number and description furnished by Mr. Rigney. The defendant, who was the driver and sole occupant, was arrested and searched. Approximately nineteen half dollars were discovered loose in the pockets of his pants. A subsequent search of the front portion of the defendant's vehicle further yielded one roll each of nickels, dimes, and quarters from under the front seat, as well as a knife with a wooden handle and an approximately six-inch blade, which was retrieved from the glove compartment.

The defendant was transported to the Laconia Police Station where Mr. Rigney was given an opportunity to view him. Mr. Rigney was unable at that time, and likewise at time of trial, to identify the defendant.

At the defendant's trial, during the course of the State's case in chief, the county attorney asked Detective Sergeant Jeffrey Kellett of the Gilford Police Department whether the defendant had made any gratuitous statements to him while being transported from jail to his arraignment at the Laconia District Court. The officer responded by stating that the defendant said "I don't know why you're charging me with armed robbery. I've been that route before. I've been charged with armed robbery before." Defense counsel immediately objected and moved for a mistrial. The court dismissed the jury for the day and took the motion under advisement.

The following day, the court denied the defendant's motion, subject to the defendant's exception, noting that the testimony of Detective Sergeant Kellett, concerning prior armed robbery charges filed against the defendant was inadvertent, and in no way amounted to prosecutorial misconduct. The court thereupon instructed the jury to disregard any remarks made pertaining to the defendant's "prior encounter or brush or anything of that nature with the law." Defense counsel made no objection to the curative instructions given by the court. The defendant was convicted and sentenced to the State prison for a term of four-and-a-half to ten years.

The law is well established in this State that evidence of a defendant's prior criminal offenses is inadmissible in a criminal trial "either to establish guilt or to show that a defendant would be likely to commit the crime with which he is charged." State v. Cote, 108 N.H. 290, 294, 235 A.2d 111, 114 (1967), cert. denied, 390 U.S. 1025, 88 S.Ct. 1412, 20 L.Ed.2d 282 (1967); State v. Lavallee, 119 N.H. 207, 211, 400 A.2d 480, 482 (1979). The basis for this exclusion is the recognized "potentiality for prejudice" of such evidence, coupled with the "fear that the generality of [a] jury's verdict might mask a finding of guilt based on an accused's past or alleged criminal acts." State v. LaBranche, 118 N.H. 176, 178, 385 A.2d 108, 109 (1978). Evidence of prior crimes may only be admitted under limited circumstances when "it is particularly probative in showing such things as intent ... an element in the crime ... identity ... malice ... motive ... a system of criminal activity ... or when the defendant has raised the issue of his character ... or when the defendant has testified and the State seeks...

To continue reading

Request your trial
31 cases
  • State v. Mohapatra, 2004-21-C.A.
    • United States
    • United States State Supreme Court of Rhode Island
    • July 25, 2005
    ...of such evidence into a trial is `probably only equalled by a confession in its prejudicial impact upon a jury.'" State v. Woodbury, 124 N.H. 218, 469 A.2d 1302, 1305 (1983) (quoting Commonwealth v. Spruill, 480 Pa. 601, 391 A.2d 1048, 1049-50 11. Numerous other courts have similarly emphas......
  • State v. Willey, 2010–578.
    • United States
    • Supreme Court of New Hampshire
    • May 1, 2012
    ...is probably only equaled by a confession in its prejudicial impact upon a jury.’ ” Id. at 360, 742 A.2d 527 (quoting State v. Woodbury, 124 N.H. 218, 221, 469 A.2d 1302 (1983) (citations and quotation omitted)). Thus, “[t]he proper inquiry in this case, for determining whether the defendant......
  • State v. Bassett, 93-009
    • United States
    • Supreme Court of New Hampshire
    • May 23, 1995
    ...criminal conviction at trial "is probably only equalled by a confession in its prejudicial impact upon a jury." State v. Woodbury, 124 N.H. 218, 221, 469 A.2d 1302, 1305 (1983) (quotation omitted). Because of the similarity of the conviction for assault and the charged crimes, the jury may ......
  • State v. Dushame, 90-577
    • United States
    • Supreme Court of New Hampshire
    • November 4, 1992
    ...135 N.H. 1, 4, 599 A.2d 477, 479 (1991); State v. Hickey, 129 N.H. 53, 62, 523 A.2d 60, 66 (1986); see also State v. Woodbury, 124 N.H. 218, 220, 469 A.2d 1302, 1304 (1983). Unfair prejudice "is an undue tendency to induce a decision against the defendant on some improper basis ..., commonl......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT