Cited by
Opinions in New Hampshire that cite State v. Lopez, 937 A.2d 905.
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K.G. v. A.G.
N.H. 2023
State v. Lopez, 156 N.H. 416, 425 (2007) (we will reverse a trial court for plain error if the error affected the outcome of the case).
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State of New Hampshire v. Therese M. Davis
N.H. 2022
State v. Lopez, 156 N.H. 416, 424 (2007) (“[A]n error is plain if it was or should have been ‘obvious’ in the sense that the governing law was clearly settled to the contrary.” (Quotation omitted)).
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State of New Hampshire v. Richard Racette
N.H. 2022
Id.; see also State v. Lopez, 156 N.H. 416, 423- 24 (2007) (establishing “a broad prohibition on questions requiring a witness to comment upon the credibility of other witnesses”).
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State of New Hampshire v. Mark Boulton
N.H. 2021
le 106 codifies New Hampshire’s common law doctrine of completeness, which provides that a party “has the right to introduce the remainder of a writing, statement, correspondence, former testimony or conversation that his or her opponent introduced so far as it relates to the same subject matter and hence tends to explain or shed light on the meaning of the part already received.” State v. Lopez, 156 N.H. 416, 421 (2007) (quotation omitted); see State v. Mitchell, 166 N.H. 288, 293 (2014).
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The State of New Hampshire v. Ronald L. Fuller
N.H. 2019
State v. Wamala, 158 N.H. 583, 586, 590 (2009) (concluding that evidence of prior uncharged assaults in sexual assault prosecution was admissible after the defendant created a misleading advantage by testifying that he could “never” sexually assault his child); State v. Lopez, 156 N.H. 416, 422-23 (2007) (concluding that trial court sustainably exercised its discretion in excluding evidence that the defendant cried in one interview with the police to rebut testimony that he did not cry in anothe
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State of New Hampshire v. Joseph Sawyer
N.H. 2018
State v. Lopez, 156 N.H. 416, 425 (2007) (concluding errors by prosecutor were not prejudicial in light of the overwhelming evidence on the issue that was presented at trial).
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State of New Hampshire v. Jarid D. Crosby
N.H. 2018
State v. Souksamrane, 164 N.H. 425, 427-28 (2012); State v. Lopez, 156 N.H. 416, 423-24 (2007).
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State v. Michael Hanes
192 A.3d 952
N.H. 2018
State v. Lopez, 156 N.H. 416, 424 (2007) (quotations, citations, and ellipses omitted).
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State v. Kevin Drown
187 A.3d 820
N.H. 2018
In State v. Lopez, 156 N.H. 416, 423-24 (2007), we acknowledged a trend in our cases “toward limiting testimony or questioning that requires a witness to opine upon the credibility of other witnesses.” Lopez, 156 N.H. at 424.
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State of New Hampshire v. James F. Houghton
126 A.3d 312
N.H. 2015
As for the third prong of the plain error test, “to satisfy the burden of demonstrating that an error affected substantial rights, the defendant must demonstrate that the error was prejudicial, i. e., that it affected the outcome of the proceeding.” State v. Lopez, 156 N.H. 416, 425 (2007).
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State of New Hampshire v. Ashley Hayward
166 N.H. 575
N.H. 2014
e doctrine of verbal completeness is a common law rule recognized by this court, whereby “a party has the right to introduce the remainder of a writing, statement, correspondence, former testimony or conversation that his or her opponent introduced so far as it relates to the same subject matter and hence tends to explain or shed light on the meaning of the part already received.” State v. Lopez, 156 N.H. 416, 421 (2007) (quotation omitted); see also N.H. R. Ev.
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State of New Hampshire v. Theadore Mitchell
166 N.H. 288
N.H. 2014
State v. Lopez, 156 N.H. 416, 421 (2007) (quotation omitted).
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State of New Hampshire v. Adam Mueller
88 A.3d 924
N.H. 2014
“Generally, to satisfy the burden of demonstrating that an error affected substantial rights, the defendant must demonstrate that the error was prejudicial, i.e., that it affected the outcome of the proceeding.” State v. Lopez, 156 N.H. 416, 425 (2007).
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State v. Willis
75 A.3d 1068
N.H. 2013
We note that, in the trial context, we have adopted a “broad prohibition on questions requiring a witness to comment upon the credibility of other witnesses.” State v. Lopez, 156 N.H. 416, 424 (2007) (rejecting a case-by-case approach in favor of a broad prohibition).
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State v. Noucas
70 A.3d 476
N.H. 2013
State v. Lopez, 156 N.H. 416, 424 (2007) (quotations and citations omitted).
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State v. Guay
62 A.3d 831
N.H. 2013
Our plain error rule requires: (1) there must be an error; (2) the error must be plain; (3) the error must affect substantial rights; and (4) the error must seriously affect the fairness, integrity, or public reputation of the judicial proceedings.
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State v. Souksamrane
58 A.3d 1159
N.H. 2012
In State v. Lopez, 156 N.H. 416 (2007), we adopted a broad prohibition against *428 questions requiring a witness to comment on the credibility of other witnesses.
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State v. Brooks
164 N.H. 272
N.H. 2012
Second, he asserts that “the admission of this evidence violated the cardinal rule that a trial judge should not permit the prosecution to ask a witness to express an opinion about the credibility of another witness.” See State v. Lopez, 156 N.H. 416, 423-24 (2007) (adopting a broad prohibition on questions requiring a witness to comment on credibility of other witnesses).
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State v. Charest
55 A.3d 960
N.H. 2012
Generally, to satisfy the burden of demonstrating that an error affected substantial rights, the defendant must demonstrate that the error was prejudicial, ie., that it affected the outcome of the proceeding.
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State v. McDonald
35 A.3d 605
N.H. 2011
We will not reverse the trial court’s decision to admit evidence absent an unsustainable exercise of discretion.
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State v. Guay
33 A.3d 1166
N.H. 2011
State v. Lopez, 156 N.H. 416, 425 (2007) (“[T]o satisfy the burden of demonstrating that an error affected substantial rights, the defendant must demonstrate that the error was prejudicial, ie., that it affected the outcome of the proceeding.”).
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State v. EULIANO
20 A.3d 223
N.H. 2011
Generally, to satisfy the burden of demonstrating that an error affected substantial rights, the defendant must demonstrate that the error was prejudicial, ie., that it affected the outcome of the proceeding.
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State v. Cassavaugh
12 A.3d 1277
N.H. 2010
“[T]o satisfy the burden of demonstrating that an error affected substantial rights, the defendant must demonstrate that the error was prejudicial, i.e., that it affected the outcome of the proceeding.” State v. Lopez, 156 N.H. 416, 425 (2007).
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Laramie v. Stone
999 A.2d 262
N.H. 2010
Thus, the third criterion is not satisfied.
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State v. Kelly
999 A.2d 303
N.H. 2010
State v. Lopez, 156 N.H. 416, 425 (2007) (“[T]o satisfy the burden of demonstrating that an error affected substantial rights, the defendant must demonstrate that the error was prejudicial, i.e., that it affected the outcome of the proceeding.”).
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State v. Parker
999 A.2d 314
N.H. 2010
The defendant next argues that, during the trial for the alleged assaults of C.P., the trial court erred in permitting the State to ask the defendant, during cross-examination, if the complainant was “lying.” See State v. *213 Lopez, 156 N.H. 416, 423-24 (2007).
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State v. Almodovar
969 A.2d 479
N.H. 2009
State v. Lopez, 156 N.H. 416, 424 (2007) (error is plain when it is clear under current law).
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State v. Hebert
965 A.2d 1059
N.H. 2009
State v. Lopez, 156 N.H. 416, 426 (2007) (court refused to reverse conviction for plain error because defendant failed to show that error affected outcome of proceeding).
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Hilario v. Reardon
960 A.2d 337
N.H. 2008
On the third criterion, to satisfy the burden of demonstrating that an error affected substantial rights, the plaintiff must demonstrate that the error was prejudicial, i.e., that it affected the outcome of the proceeding.
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Clark & Lavey Ben. v. Ed. Dev. Center
949 A.2d 133
N.H. 2008
We have recently stated that in the context of our plain error analysis, "plain" is synonymous with "clear" or, equivalently, "obvious."
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Clark & Lavey Benefits Solutions, Inc. v. Education Development Center, Inc.
157 N.H. 220
N.H. 2008
We have recently stated that in the context of our plain error analysis, “plain” is synonymous with “clear” or, equivalently, “obvious.” State v. Lopez, 156 N.H. 416, 424 (2007).
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State v. Panarello
949 A.2d 732
N.H. 2008
We look to the federal courts’ application of the federal plain error rule to inform our application of the state rule.