State v. Warren

732 A.2d 1017, 143 N.H. 633, 1999 N.H. LEXIS 52
CourtSupreme Court of New Hampshire
DecidedJune 21, 1999
DocketNo. 98-035
StatusPublished
Cited by17 cases

This text of 732 A.2d 1017 (State v. Warren) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Warren, 732 A.2d 1017, 143 N.H. 633, 1999 N.H. LEXIS 52 (N.H. 1999).

Opinion

BROCK, C.J.

The defendant, Theodore Warren, was convicted after a jury trial in Superior Court (Fauver, J.) of reckless manslaughter, see RSA 630:2, 1(b) (1996), for the stabbing death of his friend, Kevin Connolly. We reverse and remand.

Based on the evidence adduced at trial, the jury could have found the following facts. In November 1996, the defendant, his wife, and his young child shared an apartment in Rochester with his sister-in-law and her two small children. Connolly also spent several nights per week at the apartment.

. On November 19, 1996, the defendant acquired a knife. On the following day, Connolly also purchased a knife. That evening, Connolly and the defendant sat in the living room of the apartment talking, drinking beer, and playing with their knives. The defendant’s wife asked that they put the knives away. Connolly placed his knife down beside him, and the defendant put his under a blanket on the couch where both he and Connolly were seated.

A short time later, an argument transpired between the defendant and his wife, at which point the defendant called his wife a derogatory name. When Connolly protested the derogatory term, the defendant accused Connolly of having an affair with his wife, and a fistfight ensued. During the fight, the defendant’s glasses fell to the floor and were broken. Prior to this incident, the defendant’s uncorrected vision had been measured at 20/200.

The fight ended with the defendant and Connolly seated on separate couches, but still arguing. The defendant then took out his knife, got off the couch, and stabbed Connolly. Connolly died as a result of a stab wound to his heart. When the police arrived minutes later, they found the defendant lying on the floor and bleeding from cuts to his hand. The cuts were consistent either with “offensive” wounds caused by the defendant’s own knife in the course of the [635]*635stabbing, or with “defensive” wounds suffered in the course of warding off a knife attack. Thomas Blair, a Rochester police officer, asked the defendant where the knife was. He responded that he did not know. He then added that he was sorry, and that he and Connolly were fighting, and Connolly had pulled a knife. Both the defendant’s wife and his sister-in-law testified that the victim had nothing in his hands immediately before the stabbing.

The defendant later told the police that he had thrown his knife into the kitchen ceiling, and the evidence suggested that he may have rinsed the knife prior to disposing of it. Tests to the defendant’s knife revealed the presence of blood consistent with the victim’s blood, but not the defendant’s. Connolly’s knife was found in its sheath on top of the kitchen refrigerator, and no one who testified at trial could account for how the knife had arrived there. Tests to the knife and sheath did not reveal the presence of blood. Also found at the scene was some toilet paper with blood on it consistent with the defendant’s blood, but inconsistent with Connolly’s blood.

The defendant was charged with second degree murder. See RSA 630:l-b (1996). Prior to trial, the defendant gave notice of his intent to assert self-defense. See SUPER. CT. R. 101; RSA 627:4 (1996). The State filed a motion in limine to exclude as hearsay, among other statements, the defendant’s assertion to Officer Blair that Connolly had pulled a knife. The defendant objected, arguing that the statement was admissible either as an excited utterance, see N.H. R. Ev. 803(2), a present sense impression, see N.H. R. Ev. 803(1), or for the non-hearsay purpose of proving that the defendant believed that Connolly was armed. The trial court granted the State’s motion.

At trial, the State called Officer Blair to testify. The State elicited from Blair that the defendant denied knowing where the knife was, and that he said that he was sorry. Prior to cross-examining Blair, the defendant sought permission to ask Blair about the defendant’s assertion that Connolly and he had been fighting and that Connolly had pulled a knife. The defendant acknowledged that the court had already ruled the statement inadmissible, but argued that because the State had introduced the defendant’s assertions that he did not know where the knife was and that he was sorry, the final assertion was necessary under the doctrine of completeness to provide a proper context for the assertions. The court denied the request, concluding that the pretrial ruling on the motion in limine precluded the defendant from introducing the statement.

The defendant did not testify at trial but took the position in his closing argument that the stabbing was in self-defense. The cuts to [636]*636his hand, he suggested, were the result of warding off Connolly’s knife attack. The defendant also suggested that someone else had cleaned off Connolly’s knife after the incident with the toilet paper that was found to contain the defendant’s blood, and had placed it on the refrigerator. The State, however, argued to the jury that beginning with the defendant’s attempt to hide the murder weapon, the defendant, over a period of “days” and “weeks,” “began planting the seeds of [a] story, that self-defense story” advanced by defense counsel. The jury acquitted the defendant of second degree murder but convicted him of the lesser included offense of reckless manslaughter. This appeal followed.

On appeal, the defendant raises several claims of error, but we need only address one. Because we conclude that the trial court’s refusal to admit the defendant’s statement to Blair that Connolly had pulled a knife was error under the doctrine of verbal completeness, and that this error prejudiced his defense, we reverse and remand for a new trial.

“The admissibility of evidence is a matter within the trial court’s broad discretion, and we will not upset the court’s ruling absent an abuse of that discretion.” State v. Dewitt, 143 N.H. 24, 26-27, 719 A.2d 570, 572 (1998). “To show an abuse of discretion, the defendant must demonstrate that the court’s ruling was clearly untenable or unreasonable to the prejudice of his case.” State v. Graham, 142 N.H. 357, 362, 702 A.2d 322, 325 (1997) (quotation omitted).

Under the doctrine of verbal completeness, “a party has the right to introduce the remainder of [a] writing, statement, correspondence, former testimony, or conversation [that his or her opponent introduced] so far as it relates to the same subject matter and hence tends to explain or shed light on the meaning of the part already received.” State v. Crosman, 125 N.H. 527, 531, 484 A.2d 1095, 1098 (1984) (quotation omitted). The purpose of this doctrine is to prevent a selective and out-of-context presentation of evidence from misleading the trier of fact. See 1 J. Strong, McCormick on Evidence § 56, at 225-26 (4th ed. 1992); cf. State v. Keith, 136 N.H. 572, 574, 618 A.2d 291, 292-93 (1992) (discussing New Hampshire Rule of Evidence 106); Crosman, 125 N.H. at 531, 484 A.2d at 1098. While the rule does not render evidence automatically admissible, cf. Keith, 136 N.H. at 574, 618 A.2d at 293, otherwise inadmissible evidence may be admitted to prevent a party from gaining a misleading advantage, cf. id.; Rokus v. City of Bridgeport,

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Cite This Page — Counsel Stack

Bluebook (online)
732 A.2d 1017, 143 N.H. 633, 1999 N.H. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-warren-nh-1999.