New Hampshire v. Mackenzie
Annotate this CaseDefendant Benjamin Mackenzie was convicted by jury on one count of distribution of a controlled drug — fentanyl — with death resulting. He argued on appeal the trial court erred when it: (1) admitted, as habit evidence under New Hampshire Rule of Evidence 406, testimony that the victim had previously purchased opioids from the defendant; and (2) admitted, as “intrinsic” to the charged crime, text messages between a cellphone alleged to belong to the defendant and other apparent drug customers. Finding no reversible error, the New Hampshire Supreme Court affirmed.
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