Cited by

Opinions in New Hampshire that cite State v. Lambert, 787 A.2d 175.

309 citing documents.

  • DuPont v. Nashua Police Department 113 A.3d 239 N.H. 2015
    ‘We will uphold the decision of the trial court with regard to the issuance of an injunction absent an error of law, [unsustainable exercise] of discretion, or clearly erroneous findings of fact.” Id.; State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • State of New Hampshire v. Matthew L. Tsopas 166 N.H. 528 N.H. 2014
    To show that the trial court’s decision is not sustainable, the defendant must demonstrate that the court’s ruling was clearly untenable or unreasonable to the prejudice of his case.
  • The State of New Hampshire v. Thomas Jur 94 A.3d 283 N.H. 2014
    State v. Lambert, 147 N.H. 295, 296 (2001) (“Because the ‘abuse of discretion’ standard may carry an inaccurate connotation, we will hereafter refer to it as the ‘unsustainable exercise of discretion’ standard.”).
  • State of New Hampshire v. Joshua Sprague 86 A.3d 700 N.H. 2014
    “To show that the trial court’s decision is not sustainable, the defendant must demonstrate that the court’s ruling was clearly untenable or unreasonable to the prejudice of his case.” State v. Lambert, 147 N.H. 295, 296 (2001) (quotation omitted).
  • State v. Addison 165 N.H. 381 N.H. 2013
    State v. Lambert, 147 N.H. 295, 296 (2001); see also Sampson, 486 F.3d at 42 (when considering a defendant’s challenges to an evidentiary ruling rendered in a capital sentencing proceeding under the FDPA, appellate court “review[s] adequately preserved objections to rulings admitting or excluding evidence for abuse of discretion”).
  • State v. Matton 69 A.3d 90 N.H. 2013
    State v. Lambert, 147 N.H. 295, 296 (2001) (to establish that trial court ruling is not sustainable, defendant must demonstrate that the ruling was clearly untenable or unreasonable to the prejudice of his case).
  • Shelton v. Tamposi 62 A.3d 741 N.H. 2013
    State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard); see also Restatement (Third) of Trusts § 37, comment (d) (1987) (trial court’s decision to remove trustee if continued appointment would be detrimental to interests of beneficiary subject to review for abuse of discretion).
  • State v. Baker 55 A.3d 1001 N.H. 2012
    State v. Meister, 125 N.H. 435, 438 (1984); cf. State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion).
  • In re Bordalo 55 A.3d 982 N.H. 2012
    & J.M., 153 N.H. 82, 93 (2005) (plurality opinion); cf. State v. Lambert, 147 N.H. 295, 296 (2001) (explaining *314 unsustainable exercise of discretion standard).
  • State v. Moussa 53 A.3d 630 N.H. 2012
    Woodard, 291 F.3d at 106 (appellate court reviews denial of request for substitute counsel for abuse of discretion); State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • State v. Alwardt 53 A.3d 545 N.H. 2012
    v. Feliciano, 816 N.E.2d 1205, 1209 (Mass. 2004) (where defendant makes sufficient showing to obtain in camera review of privileged records by trial court, appellate court reviews trial court decision to withhold some records from disclosure under abuse of discretion standard); cf. State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • State v. Willey 44 A.3d 431 N.H. 2012
    “Although a sentencing judge has broad discretion to choose the sources and types of evidence upon which to rely in imposing sentence, that discretion is not unlimited.” State v. Lambert, 147 N.H. 295, 295-96 (2001).
  • State v. Davidson 44 A.3d 454 N.H. 2012
    “To show that the trial court’s decision is not sustainable, the defendant must demonstrate that the court’s ruling was clearly untenable or unreasonable to the prejudice of his case.” State v. Lambert, 147 N.H. 295, 296 (2001) (quotation omitted).
  • Frost v. COM'R, NEW HAMPSHIRE BANKING DEPT. 42 A.3d 738 N.H. 2012
    a request to refer a case to an agency under the primary jurisdiction doctrine for abuse of discretion."); TON Services, Inc. v. Qwest Corp., 493 F.3d 1225, 1239 (10th Cir.2007) ("This court applies an abuse of discretion standard to the district court's decisions to invoke the primary jurisdiction doctrine and to either stay or dismiss the action without prejudice."); see also State v. Lambert, 147 N.H. 295, 296, 787 A.2d 175 (2001).
  • State v. McDonald 35 A.3d 605 N.H. 2011
    In determining whether a ruling is a proper exercise of judicial discretion, we consider whether the record establishes an objective basis sufficient to sustain the discretionary decision made.
  • State v. Etienne 35 A.3d 523 N.H. 2011
    “To show that the trial court’s decision is not sustainable, the defendant must demonstrate that the court’s ruling was clearly untenable or unreasonable to the prejudice of his case.” State v. Lambert, 147 N.H. 295, 296 (2001) (quotation omitted).
  • State v. Mentus 35 A.3d 572 N.H. 2011
    ecause of concerns about the source of funding.” The *796 defendant argues that this amounts to reversible error, for we have said that “the fact that RSA 604-A-.6 funds are in limited supply is not an appropriate reason for denying access and reliance upon it, without more, would constitute an [unsustainable exercise of discretion].” State v. Stow, 136 N.H. 598, 605 (1993); see State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • In Re Dedopoulos 27 A.3d 790 N.H. 2011
    State v. Saucier, 128 N.H. 291, 295-96 (1986); cf. State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • George v. Al Hoyt & Sons, Inc. 27 A.3d 697 N.H. 2011
    Babb v. Clark, 150 N.H. 98, 100 (2003); see State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • State v. Michaud 20 A.3d 1012 N.H. 2011
    The trial judge is best suited to make this factual determination and we, therefore, review the second part for an unsustainable exercise of discretion.
  • ATV Watch v. New Hampshire Department of Transportation 20 A.3d 919 N.H. 2011
    Fortin v. Manchester Housing Auth., 133 N.H. 154, 160 (1990); State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion).
  • State v. Addison 13 A.3d 214 N.H. 2010
    Id.; cf. State v. Lambert, 147 N.H. 295, 296 (2001) (explaining the unsustainable exercise of discretion standard).
  • In re Canaway 13 A.3d 320 N.H. 2010
    State v. Lambert, 147 N.H. 295, 296 (2001) (explaining the unsustainable exercise of discretion standard).
  • Buzzard v. F.F. Enterprises 8 A.3d 87 N.H. 2010
    The trial court’s decision is not sustainable if it is “clearly untenable or unreasonable to the prejudice of [Buzzard’s] case.” State v. Lambert, 147 N.H. 295, 296 (2001) (quotation omitted).
  • State v. Addison 8 A.3d 118 N.H. 2010
    Id.; see State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • In Re Heinrich 7 A.3d 1158 N.H. 2010
    Tomasko, 145 N.H. at 172; see also State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • Anna H. Cardone Revocable Trust v. Cardone 8 A.3d 1 N.H. 2010
    Corp. v. Town of Hanover, 142 N.H. 812, 813 (1998); cf. State v. Lambert, 147 N.H. 295, 296 (2001) (explaining “unsustainable exercise of discretion” standard).
  • Laramie v. Stone 999 A.2d 262 N.H. 2010
    id.; cf. State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • Sabinson v. Trustees of Dartmouth College 999 A.2d 380 N.H. 2010
    *462 To show that the trial court’s decision is not sustainable, Sabinson must demonstrate that it was clearly untenable or unreasonable to the prejudice of her case.
  • Gaylor v. Jeffco 999 A.2d 290 N.H. 2010
    State v. Lambert, 147 N.H. 295, 296 (2001) (to show that trial court unsustainably exercised its discretion, appellants must demonstrate ruling was clearly untenable or unreasonable to the prejudice of their case).
  • State v. Kelly 999 A.2d 303 N.H. 2010
    Id.; see State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • State v. Dilboy 160 N.H. 135 N.H. 2010
    769, 782 (11th Cir. 2005); cf. State v. Lambert, 147 N.H. 295, 296 (2001) (explaining “unsustainable exercise of discretion” standard).
  • State v. Santiago 992 A.2d 543 N.H. 2010
    State v. Low, 138 N.H. 86, 88 (1993); cf. State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • State v. Horak 986 A.2d 596 N.H. 2010
    “Where the record supports the court’s determination of competency, we will not disturb that determination absent an [unsustainable exercise] of discretion.” State v. Aikens, 135 N.H. 569, 571 (1992) (quotation omitted); see State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • Burke v. Pierro 986 A.2d 538 N.H. 2009
    Under this standard, we review only whether “the record establishes an objective basis sufficient to sustain the discretionary judgment made.” State v. Lambert, 147 N.H. 295, 296 (2001).
  • State v. HESS CORP. 982 A.2d 388 N.H. 2009
    Because the superior court’s decision to adopt the federal court’s order was discretionary, we review it under our unsustainable exercise of discretion standard.
  • State v. Holmes 978 A.2d 909 N.H. 2009
    *178 Because Driscoll’s conviction for receiving stolen property did not involve an act of dishonesty or false statement within the meaning of Rule 609(a)(2), we find no unsustainable exercise of discretion.
  • Garand v. Town of Exeter 977 A.2d 540 N.H. 2009
    “To show that the trial court’s decision is not *146 sustainable, the [party] must demonstrate that the court’s ruling was clearly untenable or unreasonable to the prejudice of his case.” State v. Lambert, 147 N.H. 295, 296 (2001) (quotation omitted).
  • State v. White 977 A.2d 501 N.H. 2009
    State n Dewitt, 143 N.H. 24, 27 (1998); cf. State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • State v. Tyler 973 A.2d 311 N.H. 2009
    To show that the trial court’s decision is unsustainable, the defendant must demonstrate that the court’s ruling was clearly untenable or unreasonable to the prejudice of his case.
  • Walker v. Walker 972 A.2d 1083 N.H. 2009
    “To show that the trial court’s decision is not sustainable, the defendant must demonstrate that the court’s ruling was clearly untenable or unreasonable to the prejudice of his case.” State v. Lambert, 147 N.H. 295, 296 (2001) (quotation omitted).
  • In Re Johnson 969 A.2d 365 N.H. 2009
    We fail to see any unfair prejudice to the wife by the trial court’s action, and she has consequently failed to meet her burden of showing that the trial court’s decision was an unsustainable exercise of discretion.
  • In Re Aube 969 A.2d 338 N.H. 2009
    Bonneville v. Bonneville, 142 N.H. 435, 437-38 (1997); cf. State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • Goudreault v. Kleeman 965 A.2d 1040 N.H. 2009
  • State v. McGurk 958 A.2d 1005 N.H. 2008
    To show that the trial court’s decision was unsustainable, the defendant must demonstrate that the court’s ruling was clearly untenable or unreasonable to the prejudice of his case.
  • Lassonde v. Stanton 956 A.2d 332 N.H. 2008
    Automated Housing Corp., 121 N.H. at 180; see State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • State v. Gibbs 953 A.2d 439 N.H. 2008
    State v. Cooper, 146 N.H. 140, 141 (2001); cf. State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • Lambert v. Belknap County Convention 949 A.2d 709 N.H. 2008
    at 355-56; State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).
  • State v. KOREAN METHODIST CHURCH 949 A.2d 738 N.H. 2008
    Under this standard, we review only whether “the record establishes an objective basis sufficient to sustain the discretionary judgment made.” State v. Lambert, 147 N.H. 295, 296 (2001).
  • State v. Sullivan 949 A.2d 140 N.H. 2008
    v. Zimmerman, 804 N.E.2d 336, 340 (Mass. 2004); Annotation, Propriety, Under State Statute or Court Rule, of Substituting State Trial Juror With Alternate After Case Has Been Submitted to Jury, 88 A.L.R.4TH 711, § 10(a) (1991 & Supp. 2007); see also State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).