Cited by
Opinions in New Hampshire that cite State v. Berry, 803 A.2d 593.
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State v. Brian Watson
N.H. 2018
All issues that the defendant raised in his notice of appeal, but did not brief, are deemed waived.
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State v. Roland Dow
131 A.3d 389
N.H. 2016
Beltran, 153 N.H. at 648 (evidence of defendant’s physical abuse of witness relevant to explain her submission to defendant’s demands surrounding murders and her delay in reporting); cf. State v. Berry, 148 N.H. 88, 91 (2002) (evidence of defendant’s physical abuse of victim relevant to explain her delayed reporting of sexual abuse); State v. Connor, 19 A.3d 146, 148-51 (Vt. 2011) (evidence of history of defendant’s abusive conduct toward victim relevant to establish credible context for assault
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Town of Londonderry v. Mesiti Development, Inc. & A
129 A.3d 1012
N.H. 2015
We also deem waived issues that are raised in the notice of appeal but are not briefed.
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State of New Hampshire v. Destin Stewart
N.H. 2015
when it reaches the correct result and valid alternative grounds exist to reach that result.” State v. Berry, 148 N.H. 88, 91 (2002).
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State v. Eschenbrenner
164 N.H. 532
N.H. 2013
State v. Berry, 148 N.H. 88, 92 (2002) (when “record reveals that a reasonable fact finder necessarily would reach a certain conclusion, we may decide th[e] issue as a matter of law”).
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State v. Cook
972 A.2d 1059
N.H. 2009
when it reaches the correct result and valid alternative grounds exist to reach that result.” State v. Berry, 148 N.H. 88, 91 (2002).
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State v. Beede
931 A.2d 1258
N.H. 2007
We disagree, because “where [the] trial court reaches [the] correct result on mistaken grounds, we will affirm if valid alternative grounds support the decision.” Cohoon v. IDM Software, 153 N.H. 1, 4 (2005); see also State v. Berry, 148 N.H. 88, 93 (2002) (“[E]ven though the trial judge did not conduct [the correct evidentiary] analysis...
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State v. Lavoie
924 A.2d 370
N.H. 2007
We have held that when a trial court “has not addressed a factual issue, but the record reveals that a reasonable fact finder necessarily would reach a certain conclusion, we may decide that issue as a matter of law.” State v. Berry, 148 N.H. 88, 92 (2002) (quotation omitted).
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State v. Ayer
917 A.2d 214
N.H. 2006
Turning to the clear proof requirement, it is satisfied when the State presents evidence firmly establishing that the defendant, and not some *513 other person, committed the prior act.
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State v. Pseudae
908 A.2d 809
N.H. 2006
State v. Berry, 148 N.H. 88, 92 (2002) (“when a lower tribunal has not addressed a factual issue, but the record reveals that a reasonable fact finder necessarily would reach a certain conclusion, we may decide that issue as a matter of law” (citation omitted)).
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State v. Beltran
904 A.2d 709
N.H. 2006
We conclude that the evidence was relevant under Rule 404(b) for *649 purposes other than proving the defendant’s character or disposition.
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Berry v. Watchtower Bible & Tract Society of New York, Inc.
879 A.2d 1124
N.H. 2005
told the Plaintiffs’ mother she should keep the matter within the organization of Jehovah’s Witnesses.” In 2000, Berry was convicted of sexually assaulting Holly when she was a young child.
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State v. Tierney
839 A.2d 38
N.H. 2003
We examine the trial court’s ruling on the admissibility of evidence pursuant to Rule 608(a) under an unsustainable exercise of discretion standard.
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State v. Lamprey
821 A.2d 1080
N.H. 2003
State v. Berry, 148 N.H. 88, 93 (2002); see also State v. Lambert, 147 N.H. 295, 296 (2001) (explaining the unsustainable exercise of discretion standard).
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State v. Higgins
821 A.2d 964
N.H. 2003
The issues raised in the notice of appeal but not briefed are deemed waived.
- State v. Ramos 818 A.2d 1228 N.H. 2003
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State v. Blackmer
816 A.2d 1014
N.H. 2003
Any issue raised in the defendant’s notice of appeal that he has not briefed is deemed waived.