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State v. Kirsch

Supreme Court of New Hampshire
662 A.2d 937 (1995)


Facts

David W. Kirsch (defendant) was accused of sexually assaulting three young girls between 1984 and 1987. Kirsch led pre-teen church groups, drove the church bus, and hosted sleepovers at the church and at his home. All of the victims met Kirsch through their association with the church. At trial, the prosecution sought to introduce testimony from other girls Kirsch molested, although Kirsch was not charged in those instances. The prosecution alleged that the evidence was admissible under N.H. Rule of Evidence 404(b) to show motive, intent, and a common plan. The prosecution alleged that the evidence showed that Kirsch selected young girls who were poor and had unstable families, positioning himself as a father figure and then seducing the girls in the same manner. The trial court ruled the evidence admissible to show motive, intent and a common plan. Kirsch was convicted and appealed.

Rule of Law

Issue

Holding and Reasoning (Batchelder, J.)

Concurrence/Dissent (Thayer, J.)

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