State v. Brooks
162 N.H. 570
| N.H. | 2011Background
- Defendant Jesse Brooks was convicted of conspiracy to commit murder under RSA 629:3,1 and RSA 630:1,1(b),(c).
- The State sought to admit two prior recorded statements of Dennis Chamberlain under NH Rule of Evidence 803(5) and Dennis’s competency was challenged.
- Brooks contends the court erred by admitting the prior statements and by ruling Dennis competent to testify.
- The State’s evidence showed a multi-year scheme to murder Jack Reid, including an initial 2003 plan and a 2005–2007 murder conspiracy.
- Dennis testified about the November 2003 conversation; the State admitted two earlier statements as recorded recollections.
- Brooks also challenged a 32-month delay between arraignment and trial, arguing a speedy-trial violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of recorded recollections under Rule 803(5) | State | Brooks | Harmless error: admission deemed harmless beyond a reasonable doubt. |
| Competency of Dennis to testify | State | Brooks | Denial of competency reversed or affirmed? Holds Dennis competent (affirmed). |
| Speedy-trial rights under state and federal constitutions | State | Brooks | Not violated; Barker four-factor balance supports no denial. |
Key Cases Cited
- State v. Reid, 161 N.H. 569 (2011) (recorded recollections standard; credibility considerations)
- State v. O’Leary, 153 N.H. 710 (2006) (harmless-error considerations for evidentiary rulings)
- State v. Peters, 162 N.H. 30 (2011) (harmless error and evidentiary impact)
- State v. Gilbert, 115 N.H. 665 (1975) (tacit agreement suffices for conspiracy; overt act requirement)
- State v. Maynard, 137 N.H. 537 (1993) (delay in scheduling; factors weighting)
- Barker v. Wingo, 407 U.S. 514 (1972) (four-factor speedy-trial test)