State of New Hampshire v. Ashley Hayward, 166 N.H. 575

Defendant Ashley Hayward was convicted of accomplice to robbery after a jury trial in Superior Court.
Hayward claimed a duress defense based on threats by Tyler Dodge, her boyfriend and co-participant.
Pretrial State motion in limine sought to keep out evidence of Dodge’s past threats and violence; court allowed evidence of threats on the night of the robbery but excluded prior threats and knife-to-throat incident.
Police interviews showed Hayward described Dodge as controlling and threatening to hurt her if she did not drive to the Baymont Inn.
Dodge allegedly threatened to beat Hayward and take her car, influencing her participation in the robbery.
The jury was instructed that duress requires proof of unlawful, imminent threat of serious harm and that mere pressure or fear is insufficient.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether prior threats and violence are admissible for duress finding	Hayward argues prior threats show reasonable fear.	Dodge’s prior threats are relevant to duress probability.	Erroneous admission of prior threats acknowledged; reversal ordered.
Hearsay and verbal completeness issues in admitting defendant’s statements	Evidence should be admitted to show fear and corroborate duress.	Prior threats and police descriptions should be permissible under verbal completeness.	Court erred on hearsay/complete-text issues; need further review on admissibility.
Harmless error analysis for exclusion of prior threats evidence	Exclusion affected the duress defense and could alter verdict.	Failure to admit evidence not necessarily fatal; other evidence supports guilt.	Error not harmless beyond a reasonable doubt; remanded.
Preservation of evidence issues for direct testimony	Defendant could have testified to prior threats; issue preserved via offer of proof.	Offer of proof not properly addressed; preservation lacking.	Not preserved for review; discussion limited.

State v. White, 155 N.H. 119 (2007) (standard of review for evidentiary rulings: unsustainable discretion)
State v. Furgal, 164 N.H. 430 (2012) (unsustainable discretion; harmless error standard)
State v. Beltran, 153 N.H. 643 (2006) (precedent on using prior abuse to explain behavior)
State v. Lopez, 156 N.H. 416 (2007) (verbal completeness doctrine governs related admissions)
State v. Noucas, 165 N.H. 146 (2013) (rule requiring contemporaneous offer of proof to predicate error)
State v. Daoud, 141 N.H. 142 (1996) (duress requires no reasonable legal alternatives to crime)