State v. Guay, 162 N.H. 375

J.G., born October 15, 1997, is Guay's biological daughter; she was the victim of alleged AFSA and FSA offenses.
Incident occurred April 25–27, 2008 in Lincoln, in a hotel room with Guay, Jason T., and J.G.’s half-sister J., among others.
On April 25, Guay touched J.G.’s vagina and breasts, telling her not to tell her mother.
On April 26, Guay placed his fingers in J.G.’s vagina and had intercourse; Jason T. heard J.G. apologize to Guay.
J.G. disclosed the assaults to her mother, K.G., who contacted police; Guay was charged with three counts of AFSA and two counts of FSA.
Prior to trial, Guay sought production of J.G.’s medical and counseling records; the court reviewed in camera and released some records but not others; at trial Guay testified in his own defense; J.G. shouted an accusation in court during Guay’s testimony; mistrial was denied; jury convicted on all counts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Mistrial denial after victim’s outburst	Guay argues outburst violated fairness and required mistrial	Outburst was prejudicial and uncured; mistrial needed	Denied; court properly exercised discretion and gave curative instructions
Sufficiency of evidence for digital penetration on first night	Evidence showed touching of vagina; could infer penetration	No proof of digital penetration; insufficient as a matter of law	Conviction on first-night digital penetration reversed; plain error; remanded for dismissal of that count
In camera review and disclosure of confidential records	Defense needed access to materials essential to defense	Disclosures sought were not essential; records should remain sealed	Trial court’s in camera review and disclosure order affirmed; no error in management of discovery

State v. Neeper, 160 N.H. 11 (N.H. 2010) (mistrial and prejudice standard; trial court’s discretion reviewed)
State v. Ainsworth, 151 N.H. 691 (N.H. 2005) (trial court discretion on mistrial motion; standard of review)
State v. Cosme, 157 N.H. 40 (N.H. 2008) (juror instructions and prejudice; follow court’s instructions presumed)
State v. Lopez, 156 N.H. 416 (N.H. 2007) (prejudice analysis for trial errors; substantial rights)
State v. Flynn, 151 N.H. 378 (N.H. 2004) (evidence of penetration; circumstantial and direct testimony)
State v. Gagne, 136 N.H. 101 (N.H. 1992) (privileged information; in camera review and disclosure framework)
State v. Sargent, 148 N.H. 571 (N.H. 2002) (in camera review; materiality and relevance to defense)
State v. Thresher, 122 N.H. 63 (N.H. 1982) (privileges and necessary disclosure to defense)
State v. Kupchun, 117 N.H. 412 (N.H. 1977) (privilege balancing and disclosure limits)