Cited by
Opinions in New Hampshire that cite State v. Brooks, 164 N.H. 272.
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State v. Huckins
2025 N.H. 9
N.H. 2025
As the defendant recognizes, under the last antecedent rule of statutory construction, “a modifying clause [in a statute] is confined to the last antecedent unless there is something in the subject matter or dominant purpose which requires a different interpretation.” State v. Brooks, 164 N.H. 272, 292 (2012) (quotation omitted).
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State of New Hampshire v. Joseph Mills
N.H. 2024
The defendant, Joseph Mills, appeals an order of the Superior Court (Messer, J.) denying his motion to dismiss a charge of kidnapping, see RSA 633:1, I(d) (2016), pursuant to the merger doctrine, see State v. Brooks, 164 N.H. 272, 292-96 (2012); State v. Casanova, 164 N.H. 563, 566-69 (2013).
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State of New Hampshire v. Bruce Shanks
N.H. 2020
Although the defendant argues that this court adopted the merger doctrine for “restraint offense” in State v. Brooks, 164 N.H. 272, 294 (2012), that case involved a kidnapping conviction.
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State of New Hampshire v. Crystal L. Eastman
N.H. 2020
We review the trial court’s ruling on an alleged discovery violation for an unsustainable exercise of discretion.
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State v. Owen Labrie
211 A.3d 1196
N.H. 2019
Labrie, 171 N.H. at 484 n.3; see also State v. Brooks, 164 N.H. 272, 292 (2012) (stating that the “rule of lenity serves as a guide for interpreting criminal statutes where the legislature failed to articulate its intent unambiguously” (quotation omitted)).
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State v. Owen Labrie
198 A.3d 263
N.H. 2018
State v. Brooks, 164 N.H. 272, 292 (2012) (stating that the “rule of lenity serves as a guide for interpreting criminal statutes where the legislature failed to articulate its intent unambiguously” (quotation omitted)).
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State v. Brian Watson
N.H. 2018
We will not consider the admissibility of Isenschmid’s testimony “under a standard the defendant has not argued.” State v. Brooks, 164 N.H. 272, 282 (2012).
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State of New Hampshire v. Stephen O'Neill
N.H. 2016
equired to prove either: (1) that he (a) believed that an official proceeding or investigation was pending or was about to be instituted, (b) concealed or removed an AR-15 rifle, and (c) had a purpose to impair the rifle’s verity or availability in the proceeding or investigation, see RSA 641:6, I; or (2) that he was an accomplice to Tristan Stone, who committed such conduct, see State v. Brooks, 164 N.H. 272, 289 (2012) (language in an indictment alleging that a defendant “acted in concert with
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State of New Hampshire v. Justin Cassidy
N.H. 2016
State v. Brooks, 164 N.H. 272, 289 (2012); State v. Sinbandith, 143 N.H. 579, 584 (1999) (finding that language in an indictment charging the defendant with knowingly selling a controlled drug “in concert with and aided by another” provided sufficient notice that the defendant was being charged as a principal).
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State of New Hampshire v. Michael Addison (Capital Murder – Proportionality Review)
167 N.H. 562
N.H. 2015
State v. Brooks, 164 N.H. 272, 275-76 (2012) (defendant convicted of capital murder involving solicitation, capital murder in the course of kidnapping, first degree murder as an accomplice, and conspiracy to commit capital murder).
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State of New Hampshire v. Oscar Quinta
N.H. 2015
Because the statute is clear on its face, we need not look to the legislative history or consider the rule of lenity.
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State of New Hampshire v. Patricia Pappalardo
N.H. 2015
We review de novo a trial court’s interpretation of a statute.
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State of New Hampshire v. Bryan Maga
166 N.H. 279
N.H. 2014
I. Confrontation Clause We review the defendant’s Confrontation Clause challenge de novo.
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State v. Tabaldi
77 A.3d 1124
N.H. 2013
‘We review challenges to a trial court’s evidentiary rulings under our unsustainable exercise of discretion standard and reverse only if the rulings are clearly untenable or unreasonable to the prejudice of a party’s case.” State v. Brooks, 164 N.H. 272, 283 (2012) (quotation omitted).
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State v. Noucas
70 A.3d 476
N.H. 2013
ny that he had interacted with Rivera before the night in question,” and “may have provided additional reasonable doubt about the State’s theory of the case.” “We review challenges to a trial court’s evidentiary rulings under our unsustainable exercise of discretion standard and reverse only if the rulings are clearly untenable or unreasonable to the prejudice of a party’s case.” State v. Brooks, 164 N.H. 272, 283 (2012) (quotation omitted).
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State v. McLeod
66 A.3d 1221
N.H. 2013
We review Confrontation Clause challenges de novo.
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State v. Lukas
62 A.3d 883
N.H. 2013
Because we find no ambiguity in RSA 637:11,11(b), the rule of lenity does not apply.
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State v. Casanova
63 A.3d 169
N.H. 2013
To rectify this overlap, we recently adopted the “merger doctrine.” See State v. Brooks, 164 N.H. 272, 294-95 (2012).
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State v. Lathrop
58 A.3d 670
N.H. 2012
RSA 259:125, II defines “way,” in pertinent part, as “any privately owned and maintained way open for public use.” The sole issue on appeal is whether Alderberry Lane is “open for public use” and, therefore, a “way.” The interpretation of a statute is a question of law, which we decide de novo.