State of New Hampshire v. Roman
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In the case before the Supreme Court of New Hampshire, the defendant, Nestor Roman, appealed his convictions of aggravated felonious sexual assault (AFSA), attempted AFSA, and misdemeanor sexual assault. The key issue in the appeal was whether the defense or the prosecution "opened the door" to allow testimony from a nurse who performed a Child Advocacy and Protection Program (CAPP) examination of the victim. The defense argued that the prosecution opened the door by introducing testimony about the existence of medical records from the CAPP examination, which created a misleading impression that there was medical evidence supporting the charges. The prosecution argued that the defense opened the door by asking specific questions about the nurse's findings documented in the records.
The Supreme Court held that the defense opened the door to the nurse's testimony. The court reasoned that the prosecution's mention of the existence of medical records did not create a misleading advantage, as the prosecution did not discuss the contents of these records, and therefore did not open the door. On the other hand, the defense's cross-examination of a detective about the specific findings of the CAPP examination was considered inadmissible hearsay and opened the door to the nurse's testimony to counter the prejudice caused.
The court also disagreed with the defense's argument that the admission of the nurse's testimony was overly prejudicial and served to bolster the victim's credibility. The court noted that the nurse's testimony was narrowly focused on her findings and did not establish whether the victim was sexually abused. The court concluded that the defense failed to demonstrate that the trial court's decision was an unsustainable exercise of its discretion or that it was clearly untenable or unreasonable to the prejudice of his case. The court thus affirmed the defendant's convictions.
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