Cited by
Opinions in New Hampshire that cite State v. Ayer, 834 A.2d 277.
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State of New Hampshire v. Michael Munroe
N.H. 2020
Although, in light of our decision reversing the defendant’s conviction and remanding for a new trial we need not address the defendant’s remaining arguments, because the hearsay issue is likely to arise again on remand, we address it below.
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State of New Hampshire v. Paulson Papillon
N.H. 2020
Martin, 171 N.H. at 593; State v. Ayer, 150 N.H. 14, 25-26 (2003) (describing the right to counsel and the right to self-representation as “antithetical”); State v. Barham, 126 N.H. 631, 636 (1985) (“This right to self-representation does not coexist with that of a defendant to be represented by counsel.
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Kenneth H. Hart v. Warden, New Hampshire State Prison
202 A.3d 573
N.H. 2019
State v. Russo, 164 N.H. 585, 593 (2013); State v. Ayer, 150 N.H. 14, 26 (2003) (trial court committed structural error by providing unwanted representation to defendant who had unequivocally waived his right to counsel).
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State v. Jason Czekalski
158 A.3d 1166
N.H. 2017
In assessing alleged violations of the juror selection statute, we first determine whether the actions complained of constituted violations of the statutory jury selection procedures, see RSA ch. 500-A (2010 & Supp. 2016), and then consider whether any deviations from the statutory procedure, taken as a whole, resulted in substantial noncompliance with the statute.
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Mahindra & Mahindra, Ltd. v. Holloway Motor Cars of Manchester, LLC & a.
166 N.H. 740
N.H. 2014
1998) (“An issue conceded in a lower court may not be argued on appeal.”); cf. State v. Ayer, 150 N.H. 14, 29 (2003) (State conceded issue at oral argument on appeal and therefore we were “foreclosed” from considering it).
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State v. Russo
62 A.3d 798
N.H. 2013
Under Part I, Article 15 of the New Hampshire Constitution and the Sixth Amendment to the United States Constitution, a criminal defendant is guaranteed the right of self-representation as well as the right to counsel.
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State v. Casanova
63 A.3d 169
N.H. 2013
State v. Ayer, 150 N.H. 14, 21 (2003) (“When trial courts have an opportunity to rule on issues and to correct errors before they are presented to the appellate court, the preservation requirement is satisfied.”).
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State v. Alwardt
53 A.3d 545
N.H. 2012
State v. Ayer, 150 N.H. 14, 21 (2003) (“When trial courts have an opportunity to rule on issues and to correct errors before they are presented to the appellate court, the preservation requirement is satisfied.”).
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State v. Etienne
35 A.3d 523
N.H. 2011
State v. Ayer, 150 N.H. 14, 24 (2003) (citing Arizona v. Fulminante, 499 U.S. 279, 308-12 (1991)).
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State v. Towle
35 A.3d 490
N.H. 2011
Here, faced with a timely, unequivocal and clear request to represent himself, the trial court’s failure to inquire further constituted structural error requiring automatic reversal and a new trial.
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State v. Addison
13 A.3d 214
N.H. 2010
The defendant bears the burden of establishing a prima facie case of substantial noncompliance with the jury selection statutes.
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State v. Belyea
999 A.2d 1080
N.H. 2010
Ct. R. 38, Canon 3E(1); see also State v. Ayer, 150 N.H. 14, 35 (2003), cert.
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State v. Tarasuik
999 A.2d 409
N.H. 2010
An argument is properly preserved if the trial court has the “opportunity to rule on issues and to correct errors before they are presented to the appellate court.” State v. Ayer, 150 N.H. 14, 21 (2003).
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State v. Kousounadis
986 A.2d 603
N.H. 2009
State v. Ayer, 150 N.H. 14, 24-25 (2003) (applying the federal distinction between a “structural defect” and a “trial error,” and holding that denial of a defendant’s right to self-representation is a “structural defect”), cert.
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State v. Brum
923 A.2d 1068
N.H. 2007
VI, XIV, he does not develop a federal constitutional analysis and, thus, we address only his State constitutional claim.
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Milliken v. Dartmouth-Hitchcock Clinic
914 A.2d 1226
N.H. 2006
This allows the trial court to consider errors as they occur and *666 remedy them as necessary.
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State v. Ayer
917 A.2d 214
N.H. 2006
That conviction was reversed on appeal.
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State v. Henderson
907 A.2d 968
N.H. 2006
State v. Ayer, 150 N.H. 14, 24 (2003) (discussion of distinction between structural defect and trial error).
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State v. Sweeney
867 A.2d 441
N.H. 2005
Both Part I, Article 15 of the State Constitution and the Sixth Amendment to the United States Constitution guarantee a criminal defendant the right to self-representation and the right to counsel.
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State v. Rezk
840 A.2d 758
N.H. 2004
at 307-09; see State v. Ayer, 150 N.H. 14, 24 (2003).