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State of New Hampshire v. Williams3/18/1998
iscovered evidence suggesting perjury by a prosecution witness demands a new trial. State v. Boisvert, 119 N.H. 174, 177, 400 A.2d 48, 50 (1979). "here the overriding question is the possible impact of newly discovered evidence on the credibility of a key prosecution witness, we must affirm the findings of the trial court so long as there is evidence to support them." United States v. Strauss, 443 F.2d 986, 990 (1st Cir.), cert. denied, 404 U.S. 851 (1971). In light of Officer Anderson's identification of the defendant as the driver of the vehicle and Officer Malone's testimony concerning the defendant's admission to the emergency medical team, we affirm the findings of the trial court.
IV.
The defendant also sought a new trial based upon an alleged failure of the State to provide complete discovery. On cross- examination Officer Malone testified that he overheard the defendant identify himself as the operator of the vehicle to a member of the emergency medical team. The defendant argues that if the State had disclosed this information prior to trial, he could have availed himself of his constitutional right to produce all proofs favorable to himself by investigation, summonsing witnesses, and cross-examining Officer Malone.
We do not address this issue because the defendant failed to preserve it for review on appeal. "The general rule in this jurisdiction is that a contemporaneous and specific objection is required to preserve an issue for appellate review." State v. McMinn, 141 N.H. 636, 642, 690 A.2d 1017, 1021 (1997) (quotation omitted); see N.H. R. Ev. 103(b)(1). "This rule, which is based on common sense and judicial economy recognizes that trial forums should have an opportunity to rule on issues and to correct errors before they are presented to the appellate court." McMinn, 141 N.H. at 642, 690 A.2d at 1021 (quotations and citation omitted).
In this case, the defendant failed to object contemporaneously to Officer Malone's testimony regarding the alleged admission of the defendant. In fact, the defendant did not object until the State's closing argument when it contended that the State argued facts not in evidence. We have treated issues as unpreserved when a litigant's delay foreclosed effective remedial action by the trial court. See Broderick v. Watts, 136 N.H. 153, 167-68, 614 A.2d 600, 609 (1992); State v. Ryan, 135 N.H. 587, 588-89, 607 A.2d 954, 955 (1992). Defense counsel conceded in his motion for a new trial and at oral argument that he failed to object at the time the statement was made because "through accident, mistake or misfortune, did not hear Officer Malone's statement of the defendant's purported admission." A litigant's failure to provide a contemporaneous and specific objection precludes appellate review regardless of the fact that counsel failed to hear the witness's testimony. We refuse to create exceptions to this longstanding rule for errors made by counsel through accident, mistake, or misfortune.
Affirmed.
All concurred.
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