Cited by
Opinions in New Hampshire that cite State v. Ayer, 917 A.2d 214.
-
In re J.D. In re A.D.
N.H. 2022
Accordingly, we conclude that their due process argument is insufficiently developed, and we decline to consider it.
-
State of New Hampshire v. John Knott
N.H. 2020
Any question that the defendant included in his notice of 6 appeal, but that he did not brief, is deemed waived.
-
State v. Heidi C. Lilley The State of New Hampshire Kia Sinclair The State of New Hampshire v. …
204 A.3d 198
N.H. 2019
Because a mere laundry list of complaints regarding adverse rulings by the trial court, without developed legal argument, is insufficient to warrant judicial review, we decline to respond to these assertions.4 See State v. Ayer, 154 N.H. 500, 513 (2006) (declining to address defendant’s due process argument as he had not explained how his rights were violated and had only argued in “conclusory terms”).
-
State v. Joel Martin
200 A.3d 365
N.H. 2018
The right to counsel and the right to self-representation are mutually exclusive; the exercise of one right nullifies the other.
-
State v. Kyree Rice
159 A.3d 1250
N.H. 2017
In Gingras, the defendant was charged with, among other offenses, criminal threatening and reckless conduct arising out of a road-rage incident during which he 2The State does not dispute that there was “some evidence” to support a defense-of-others defense, and that the defendant therefore was entitled to have the jury instructed about the matter.
-
State v. Kevin Lynch
156 A.3d 1012
N.H. 2017
Although we 2 review a trial court’s findings concerning which words a defendant used to invoke his Miranda rights under the clearly erroneous standard, whether the defendant’s words constitute an invocation of his rights is a question of law, which we review de novo.
-
State v. Thomas Milton
150 A.3d 926
N.H. 2016
State v. Ayer, 154 N.H. 500, 513 (2006) (concluding that evidence relevant to the defendant’s intent carried “significant” probative value because his “intent was central to the trial”).
-
State of New Hampshire v. Amy Kathleen Mouser
168 N.H. 19
N.H. 2015
All issues that the defendant raised in her notice of appeal, but did not brief, are deemed waived.
-
State of New Hampshire v. Bryan Maga
166 N.H. 279
N.H. 2014
When a defendant raises a claim under both the State and Federal Constitutions, we typically address his State claim first.
-
State v. Addison
165 N.H. 381
N.H. 2013
When intent is in serious dispute, the trial court is justified in assigning a high probative value to other bad acts evidence that tends to prove criminal mens rea with respect to the charged act.
-
State v. Eschenbrenner
164 N.H. 532
N.H. 2013
Moreover, while we readily agree with the defendant that credibility determinations fall within the province of the trial court, see State v. Ayer, 154 N.H. 500, 519 (2006), the fact remains that it was the defendant’s burden to establish that his trial counsel’s performance was constitutionally deficient.
-
State v. Brooks
164 N.H. 272
N.H. 2012
Because the defendant has raised his claim under both the State and Federal Constitutions, we would normally address his State claim first.
-
State v. Towle
35 A.3d 490
N.H. 2011
State v. Ayer, 154 N.H. 500, 516 (2006); see State v. Barham, 126 N.H. 631, 636 (1985); see also Faretta v. California, 422 U.S. 806, 807 (1975).
-
State v. Cassavaugh
12 A.3d 1277
N.H. 2010
“[Bjecause the issue of the defendant’s intent was central to the trial of this matter, the probative value was significant.” State v. Ayer, 154 N.H. 500, 513 (2006).
-
State v. Mendola
8 A.3d 127
N.H. 2010
We review the trial court’s decision not to give a jury instruction for an unsustainable exercise of discretion.
-
State v. Howe
986 A.2d 631
N.H. 2009
The “clear proof’ requirement “is satisfied when the State presents evidence firmly establishing that the defendant, and not some other person, committed the prior act.” State v. Ayer, 154 N.H. 500, 512-13 (2006), cert.
-
State v. Balliro
959 A.2d 212
N.H. 2008
The defendant was entitled to the requested jury instruction only “if there [was] some evidence to support a rational finding in favor of that defense.” State v. Ayer, 154 N.H. 500, 514 (2006), cert.
-
State v. Legere
958 A.2d 969
N.H. 2008
State v. Munoz, 157 N.H. 143, 148 (2008); State v. Ayer, 154 N.H. 500, 511 (2006), cert.
-
State v. Munoz
949 A.2d 155
N.H. 2008
We have not, however, adopted the Crawford analysis as applicable in this State, see State v. Ayer, 154 N.H. 500, 511 (2006), cert.
-
State v. Cosme
943 A.2d 810
N.H. 2008
Jurors are presumed to follow the court’s instructions, see State v. Ayer, 154 N.H. 500, 513 (2006), cert.
-
State v. Pepin
940 A.2d 221
N.H. 2007
“Further, because the issue of the defendant’s intent was central to the trial of this matter, the probative value was significant.” State v. Ayer, 154 N.H. 500, 513 (2006), cert.
-
State v. O'MALEY
932 A.2d 1
N.H. 2007
“Reliability [could] be inferred without more in a case where the evidence [fell] within a firmly rooted hearsay exception,” or bore “particularized guarantees of trustworthiness.” Id.; see State v. Ayer, 154 N.H. 500, 505 (2006), petition for cert.
-
State v. Deschenes
931 A.2d 558
N.H. 2007
We review the trial court’s decision not to give a jury instruction for an unsustainable exercise of discretion.
- State v. Warsame 735 N.W.2d 684 Minn. 2007