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STATE v. MUELLER

No. 2012-644.

88 A.3d 924 (2014)

The STATE of New Hampshire v. Adam MUELLER.

Supreme Court of New Hampshire.

Opinion Issued: February 11, 2014.

Attorney(s) appearing for the Case

Joseph A. Foster , attorney general ( Lisa L. Wolford , attorney, on the brief and orally), for the State.

Law Office of Brandon D. Ross, PLLC, of Manchester ( Brandon D. Ross on the brief and orally), for the defendant.

LYNN, J.

Following a jury trial, the defendant, Adam Mueller, was convicted of three counts of felony wiretapping. See RSA 570-A:2, I(a) (Supp. 2012). On appeal, he argues that the Superior Court (Brown, J.) committed plain error by instructing the jury that a violation of the felony wiretapping statute requires a mental state of "purposely," when the statute specifically identifies "wilfully" as the applicable mental state.1

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