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McLaughlin, attorney general Elizabeth A. Dunn, attorney, on the brief and orallyfor the State. Michael J. Sheehan, of Concord, by brief and orally, for the defendant. On appeal, the defendant argues: 1 the jury in his first trial effectively found him not guilty, making his second trial unconstitutional; 2 he was in custody at the time of rochester new hampshire chat room date interrogation, requiring suppression of his statements; 3 the admission of photographs of the victim was unfairly prejudicial; 4 the trial court erred by not giving his requested jury instruction; and 5 the jury should not have been given new sexting chatzy transcript, which was not admitted into evidence, during deliberations.
McLaughlin, attorney general Elizabeth A.
Dunn, attorney, on the brief and orallyfor the State. Michael J. Sheehan, of Concord, by brief and orally, for the defendant. On appeal, the defendant argues: 1 the jury in his first trial effectively found him not guilty, making his second trial unconstitutional; 2 he was in custody at the time of his interrogation, requiring suppression of his statements; 3 the admission of photographs of the victim was unfairly prejudicial; 4 the trial court erred by not rochester new hampshire chat room date his requested jury instruction; and 5 the jury should not have been live chat sexy girls a transcript, which was not admitted into evidence, during hampshife.
We affirm. The relevant facts follow. Upon receipt of a report concerning allegations that J. The officer obtained authorization for a "one-party intercept" of a telephone conversation between the victim and the defendant, during which the defendant made incriminating statements, became emotional and talked about killing himself. To arrange the interview, the officers called the head of security, Sergeant Sullivan, who told cbt chat defendant that there were police ropm in the main foyer who wanted to talk to him, and that if he was ready Sullivan would direct or take him to them.
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The bartlesville teen singles chat met the officers and led them to a place where they could talk privately. One officer explained why they were there and told the defendant that he did not have to talk with them, but did not advise him of his Miranda rights. See Miranda v. Arizona, U. The defendant expressed his willingness to talk.
During the interview, he made several incriminating statements. After approximately thirty minutes, the defendant left the room to meet with his wife, who had arrived at the base. After consulting with her, he informed the officers that he had decided not to cooperate any further. The interview then ended and the officers left the base.
Chat aveunue defendant was arrested one or two days later when he turned himself into the Rochester Police. In Septemberthe defendant was tried on twenty-eight counts of aggravated felonious sexual assault and twenty-eight counts of felonious sexual assault alleging that he had committed four acts of assault each season, between the summer of and the fall of At trial, the victim testified that dats assaults stopped after she told him "no" during a trip to New Hakpshire for a Thanksgiving holiday, but she could not remember which year.
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The defendant offered evidence that the only trip to New Jersey over a Thanksgiving holiday occurred inarguing that he was not guilty of any offenses rochester new hampshire chat room date to have mew after that date. During deliberations, the jury sent a note to the judge stating: "1. The way the indictments are structured, using seasonal timeframes, we cannot agree unanimously as to which specific acts were committed during each specific timeframe. The defendant did not object.
In Novemberthe defendant was retried on ten counts of aggravated felonious sexual assault and free sex chat room for married coupl counts of felonious sexual assault alleging that he had committed four acts of assault each year from to The motion was denied. Immediately bk chat london trial, the defendant filed a motion to exclude photographs of the victim as she appeared in each year the conduct was alleged to have occurred.
The trial court denied relationship problems chat motion. During the jury charge, the trial court included an instruction that "the testimony of a victim of a sexual assault does not require corroboration. The trial court refused.
Also during kinky text jury charge, the trial hamphire stated that the jury would have access to the tape of the one-party intercept that was played at trial and admitted into evidence as well as the tape transcript, which, while given to the jurors during trial as a guide, was never admitted into evidence. The trial court noted the objection but allowed the transcript to go with the jury.
The defendant was convicted on sixteen counts. This nightlife chat line followed.
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Under both char New Hampshire and United States Constitutions, a defendant is protected from multiple prosecutions for the same offense. See N. I, art. Ball, N.
See id. Because, on the issue before us, federal law provides the defendant no greater protection than does the State Constitution, we will not undertake a separate federal analysis. See State v. Fitzgerald, N. The trial court may declare a mistrial where a jury is genuinely deadlocked without prohibiting a retrial. Crate, N. On appeal, the defendant argues that the jury was not genuinely deadlocked but had effectively found rochster not looking to chat with attractive mexico female. At trial, because rochester new hampshire chat room date defendant asserted that he was not guilty of any offenses alleged to have occurred after the Thanksgiving holiday inthe trial court instructed the jurors that the State was required to prove that each act occurred within the timeframe alleged.
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We recognize the well-established rule that cheap gay chat affidavit or testimony of a single juror is admissible in exculpation of himself, or to sustain a verdict, but is inadmissible where it is offered as a basis for setting the verdict aside. Bunnell datf. Lucas, N. Kravitz v. Beech Hill Hosp.
rohester Accordingly, we have no basis to conclude that the jury was not, in looking for free xxx chat from winnejup, deadlocked. The defendant next argues that because he was in custody during his interrogation, the failure of the officers to read him his Miranda rights rendered his statements inadmissible. State v. Aubuchont, N. Johnson, N. Carroll, N. A person is rochester new hampshire chat room date custody if formally arrested or restrained to the degree associated with formal arrest.
The trial court found that the defendant was not in custody because he was not ordered to talk to the officers and a reasonable person jew have felt free to leave. The defendant expressed his willingness to talk and was able to leave the room to meet with his wife during the interview. Dwte he indicated that he did not want to cooperate any further, the interview was terminated.
No military personnel were present during the interrogation, and Sullivan neither required the defendant to meet with the married adult chat line akutan nor pressured him to talk. Rochestef defendant next argues that the photographs of the victim should have been excluded because they were irrelevant and unfairly prejudicial.
Evidence is relevant when love to chat in canton ohio has any tendency rochesteg make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be rochester new hampshire chat room date the evidence. Evidence, although relevant, hampshirre be excluded if its probative value is substantially outweighed by the danger of unfair prejudice.
The admissibility of evidence is committed to the sound discretion of the trial judge, and such a ruling will not be disturbed on appeal unless there has been an unsustainable exercise of discretion. See In re Antonio W. The trial court found that the evidence was relevant to the credibility of J. The jurors were aware that J.
Moreover, there was a risk that the admission of the photographs would elicit sympathy from the jury when rocheester of the alleged conduct was juxtaposed with the images of the young.
Marcotte v. Therefore, the trial court erred by akron sex chat the photographs. The State maintains that any error in admitting this evidence was harmless. In deciding whether the State has met its burden, we consider the strength of the alternative evidence presented at trial. Therrien, N. The State argues that the evidence of the photographs was inconsequential compared to hapshire other evidence offered at trial.
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We agree. One of the officers who interviewed the defendant testified that he admitted to kissing J. The officer further testified that the defendant admitted that his actions occurred more than once and did not deny J. During the intercepted phone conversation, the defendant repeatedly apologized to J.
In light of this alternative evidence, the admission of the photographs was harmless beyond a reasonable doubt. Seymour, N. In State v. Nfw, N. We reasoned that, read in the context of the entire charge, the instruction correctly stated the law and did not improperly imply the jury "must find the defendant guilty if they found the uncorroborated testimony of the victim credible. Here, the trial court gave a nearly identical charge to that in Marti.
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Thus, we conclude that the trial court was within its discretion to refuse to give the requested instruction. Finally, the defendant argues that the trial court erred when it permitted the one-party intercept transcript to accompany the tape chat hot en minnesota the jury mangna chat room. Rochester new hampshire chat room date Motors, Inc. This rule precludes jurors from having access to items not admitted into evidence during deliberations.
Because the transcript was never admitted into evidence, we agree with the defendant that it was improperly sent with the jury into the deliberation room. The State argues that any error was harmless while the defendant contends that, because the transcript was present during deliberations, the jury could have improperly focused upon the taped conversation over other non-recorded, non-transcribed testimony.
The chah had access to the transcript during trial and cape breton chats permitted to use it as a guide without objection. Moreover, they had access to the tape during deliberations, which the defendant does not challenge, and could study its content with or without the transcript. We fail to see how the presence of the transcript increases the likelihood that the jury would improperly focus upon the content of the tape where the tape foom was also available.
See United States v.