Cited by

Opinions in New Hampshire that cite State v. Berry, 803 A.2d 593.

17 citing documents.

  • 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.
  • 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
  • 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.
  • 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).
  • 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”).
  • 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).
  • 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...
  • 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).
  • 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.
  • 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)).
  • 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.
  • 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.
  • 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.
  • 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).
  • 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
  • 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.