State of New Hampshire v. Mark Murphy

• Court: Supreme Court of New Hampshire
• Decided: July 28, 2017
• Docket: 2016-0490
• Status: Unpublished

Opinion

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2016-0490, State of New Hampshire v. Mark Murphy, the court on July 28, 2017, issued the following order:

Having considered the briefs and record submitted on appeal, we conclude that oral argument is unnecessary in this case. See Sup. Ct. R. 18(1). We affirm.

The defendant, Mark Murphy, appeals an order of the Superior Court (Wageling, J.) granting the State’s motion to admit evidence under New Hampshire Rule of Evidence 404(b) and his conviction, following a jury trial in Superior Court (Anderson, J.), on a charge of second degree assault, see RSA 631:2, I (2016). He contends that the trial court erred by admitting: (1) pursuant to Rule 404(b), evidence of a pattern of escalating physical and emotional abuse of the victim; and (2) expert testimony regarding the effects of such abuse. See State v. Dow, 168 N.H. 492, 495 (2016).

As the appealing party, the defendant has the burden of demonstrating reversible error. Gallo v. Traina, 166 N.H. 737, 740 (2014). Based upon our review of the trial court’s well-reasoned order, the defendant’s challenges to it, the relevant law, and the record submitted on appeal, we conclude that the defendant has not demonstrated reversible error. See id.

Affirmed.

Dalianis, C.J., and Hicks, Lynn, and Bassett, JJ., concurred.

Eileen Fox, Clerk