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State v. Kirsch

Supreme Court of New Hampshire

662 A.2d 937 (1995)

Relevant factsFree

David Kirsch (defendant) led church youth groups, drove the church bus, and hosted sleepovers, meeting all his alleged victims through the church. He was tried for sexually assaulting three young girls between 1984 and 1987. At trial, the prosecution introduced testimony from other girls Kirsch had allegedly molested, even though he was never charged for those incidents, arguing the evidence showed his motive, intent, and a common plan: targeting poor girls from unstable families, positioning himself as a father figure, and then seducing them the same way each time. The trial court admitted the evidence for those purposes, and Kirsch was convicted and appealed.

IssueFree

Whether evidence of a defendant's other crimes is admissible to show motive, intent, and common plan when it shows only the defendant's propensity to commit crimes in a similar way.

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