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