State v. Ainsworth

Summary

The New Hampshire Supreme Court affirmed Douglas Ainsworth’s convictions for attempted murder, reckless conduct, and attempted first-degree assault. The court held that the self-defense jury-instruction issue was unpreserved, the defendant failed to establish probable cause for in camera review of police personnel files, the 9-1-1 tape was properly admitted, and the prosecutor’s closing argument did not warrant a mistrial.

Holdings

1. A jury-instruction issue is not preserved for appellate review when the defendant fails to contemporaneously object and instead indicates satisfaction with the instructions.
2. A defendant seeking in-camera review of police personnel files under RSA 105:13-b must establish a reasonable probability, or realistic and substantial likelihood, that the files contain material and relevant evidence helpful to the defense; a general assertion that the files might bear on the defense is insufficient.
3. The 9-1-1 recording was admissible because its probative value, including its support for an inference that the defendant acted purposely, was not substantially outweighed by the danger of unfair prejudice.
4. The prosecutor's reference to "three terrified children" was a permissible response to defense counsel's closing argument because it was supported by trial testimony and did not require a curative instruction or mistrial.

Questions Presented

1. Whether the trial court was required to give a self-defense jury instruction when the defendant did not contemporaneously object to the instructions and affirmatively indicated that they were satisfactory.
2. Whether the trial court erred in denying access to police officers' personnel files where the defendant made only a general assertion that the files might bear on his self-defense claim.
3. Whether the trial court abused its discretion under New Hampshire Rule of Evidence 403 by admitting the victim's 9-1-1 recording.
4. Whether the prosecutor's closing argument referring to "three terrified children" required a curative instruction or mistrial.

Disposition

affirmed