Cited by

Opinions in New Hampshire that cite State v. Germain, 79 A.3d 1025.

32 citing documents.

  • State of New Hampshire v. Samuel Marino N.H. 2023
    sexual relations with [the victim] at his residence.” We have previously determined that “[c]ircumstantial evidence may be sufficient to support a finding of guilty beyond a reasonable doubt” and that “the trier may draw reasonable inferences from facts proved and also inferences from facts found as a result of other inferences, provided they can be reasonably drawn therefrom.” State v. Germain, 165 N.H. 350, 355 (2013), modified on other grounds by State v. King, 168 N.H. 340, 345 (2015) (quota
  • State v. Henry Carnevale N.H. 2019
    Because the evidence adduced at trial regarding the defendant’s “reckless” intent was solely circumstantial, in order to prevail on appeal, “the defendant must establish that the evidence does not exclude all reasonable conclusions except guilt.” State v. Germain, 165 N.H. 350, 361 (2013), modified on other grounds by State v. King, 168 N.H. 340, 345 (2015).
  • State v. David Vincelette N.H. 2019
    State v. Germain, 165 N.H. 350, 361 (2013), modified on other grounds by State v. King, 168 N.H. 340, 345 (2015).
  • State v. Brittany Boggs 191 A.3d 535 N.H. 2018
    Given the totality of the evidence, we conclude that the defendant has not met her “burden to demonstrate that no rational trier of fact, viewing the evidence in the light most favorable to the State, could have found guilt beyond a reasonable doubt.” State v. Germain, 165 N.H. 350, 362 (2013) (quotation omitted), modified on other grounds by State v. King, 168 N.H. 340, 345 (2015); see also State v. Gagne, 165 N.H. 363, 367 (2013) (emphasizing that when evidence as to an element is solely circu
  • State v. Dominick Stanin, Sr. 183 A.3d 890 N.H. 2018
    We “consider whether the circumstances presented are consistent with guilt and inconsistent, on the whole, with any reasonable hypothesis of innocence.” State v. Germain, 165 N.H. 350, 362 (2013), modified in part on other grounds by State v. King, 168 N.H. 340, 345 (2015) (quotation omitted).
  • State v. Richard Lucas N.H. 2018
    State v. Germain, 165 N.H. 350, 361 (2013), modified on other grounds in part by State v. King, 168 N.H. 340, 345 (2015).
  • State of New Hampshire v. Michael D. Mooney N.H. 2018
    State v. Germain, 165 N.H. 350, 361 (2013), modified on other grounds in part by State v. King, 168 N.H. 340, 345 (2015).
  • State v. Gedeon Karasi 178 A.3d 693 N.H. 2018
    State v. Germain, 165 N.H. 350, 361 (2013), modified in part on other grounds by State v. King, 168 N.H. 340, 345 (2015).
  • State v. Abraham DePaula 166 A.3d 1085 N.H. 2017
    State v. Germain, 165 N.H. 350, 359, 79 A.3d 1025 (2013), modified in part on other grounds by State v. King, 168 N.H. 340, 345, 127 A.3d 1255 (2015).
  • State of New Hampshire v. Travis Lewis N.H. 2017
    State v. Germain, 165 N.H. 350, 361 (2013), modified on other grounds by State v. King, 168 N.H. 340, 345 (2015).
  • State of New Hampshire v. Angel Sanchez N.H. 2017
    State v. Germain, 165 N.H. 350, 361 (2013), abrogated on other grounds by State v. King, 168 N.H. 340, 345 (2015).
  • State v. Jessica Morrill 156 A.3d 1028 N.H. 2017
    When the evidence is solely circumstantial, it must exclude all reasonable conclusions except guilt.
  • State of New Hampshire v. Thomas Lizotte N.H. 2016
    The defendant argues that the evidence used to support his conviction was “solely circumstantial,” and therefore his burden on appeal is to establish that the evidence does not exclude all reasonable conclusions except guilt.
  • State v. Eric R. Cable 136 A.3d 919 N.H. 2016
    Although the defendant refers to the standard we apply when evidence to prove an element is solely circumstantial, see State v. Germain, 165 N.H. 350, 361 (2013), that standard does not apply here because the evidence of causation was both direct and circumstantial, see State v. Saunders, 164 N.H. 342, 349-52 (2012).
  • State of New Hampshire v. Kenneth Mofford N.H. 2016
    To prevail in a challenge to the sufficiency of the evidence, the defendant bears the burden of establishing that no rational trier of fact, viewing the evidence in the light most favorable to the State, could have found guilt beyond a reasonable doubt.
  • State of New Hampshire v. Sabreena Morgan N.H. 2015
    “When considering a challenge to the sufficiency of the evidence, we objectively review the record to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt, considering all the evidence and all reasonable inferences therefrom in the light most favorable to the State.” State v. Germain, 165 N.H. 350, 354-55 (2013), overruled on other grounds by State v. King, 167 N.H. ___, ___ (decided Nov.
  • State v. Marianne King 127 A.3d 1255 N.H. 2015
    She argues that the Superior Court (Garfunkel, J.) erred by giving the jury a portion of the instruction we endorsed in State v. Germain, 165 N.H. 350, 360- 61 (2013).
  • State v. Samuel Pennock 168 N.H. 294 N.H. 2015
    State v. Germain, 165 N.H. 350, 360 (2013) (holding that when the evidence as to one or more of the elements of the charged offense is solely circumstantial, it must exclude all reasonable conclusions except guilt).
  • State of New Hampshire v. Vincent Cooper 125 A.3d 729 N.H. 2015
    State v. Germain, 165 N.H. 350, 358-59 (2013) 6 (discussing the beyond-a-reasonable-doubt standard in context of circumstantial evidence); State v. Wilson, 47 N.H. 101, 106-07 (1866) (“In the legal construction of the law as well as in weighing the evidence of facts the defendant in a criminal [case] is en
  • State of New Hampshire v. Christopher Boisvert 124 A.3d 1197 N.H. 2015
    State v. Germain, 165 N.H. 350, 361 (2013) (holding that to prevail on challenge to sufficiency of evidence when evidence as to one or more elements of charged offense is solely circumstantial, defendant must establish that evidence does not exclude all reasonable conclusions except guilt).
  • State of New Hampshire v. Michael Francis 167 N.H. 598 N.H. 2015
    When considering a challenge to the sufficiency of the evidence, we objectively review the record to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt, considering all the evidence and all reasonable inferences therefrom in the light most favorable to the State.
  • State of New Hampshire v. Richard Scott 167 N.H. 634 N.H. 2015
    Pursuant to our standard, “[w]hen considering a challenge to the sufficiency of the evidence, we objectively review the record to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt, considering all the evidence and all reasonable inferences therefrom in the light most favorable to the State.” State v. Germain, 165 N.H. 350, 354-55 (2013) (quotation omitted; emphasis added).
  • State of New Hampshire v. Tammy Dunn N.H. 2015
    “In reviewing the evidence, we examine each evidentiary item in the context of all the evidence, not in isolation.” State v. Germain, 165 N.H. 350, 355 (2013).
  • State v. Thelusma 113 A.3d 1165 N.H. 2015
    When considering a challenge to the sufficiency of the evidence, “we objectively review the record to' determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt, considering all the evidence and all reasonable inferences therefrom in the light most favorable to the State.” State v. Germain, 165 N.H. 350, 354-55 (2013) (quotation omitted).
  • State of New Hampshire v. Hagen Esty-Lennon N.H. 2015
    The defendant first argues that the State introduced insufficient evidence to convict him.
  • State v. Mayo 113 A.3d 250 N.H. 2015
    “When considering a challenge to the sufficiency of the evidence, we objectively review the record to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt, considering all the evidence and all reasonable inferences therefrom in the light most favorable to the State.” State v. Germain, 165 N.H. 350, 354-55 (2013) (quotation omitted).
  • State v. Craig 112 A.3d 559 N.H. 2015
    Analysis To prevail on a challenge to the sufficiency of the evidence, a defendant must show that no rational trier of fact “could have found the essential elements of the crime beyond a reasonable doubt, considering all the evidence and all reasonable inferences therefrom in the light most favorable to the State.” State v. Germain, 165 N.H. 350, 354-55 (2013) (quotation omitted).
  • State of New Hampshire v. Jose Sanchez-Grullon N.H. 2015
    Furthermore, when the evidence as to one or more elements of the charged offense is solely circumstantial, the defendant must establish that the evidence does not exclude all reasonable conclusions except guilt.
  • State of New Hampshire v. Justin L. Roy 167 N.H. 276 N.H. 2015
    “When considering a challenge to the sufficiency of the evidence, we objectively review the record to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt, considering all the evidence and all reasonable inferences therefrom in the light most favorable to the State.” State v. Germain, 165 N.H. 350, 354-55 (2013) (quotation omitted).
  • State of New Hampshire v. Tariq Zubhuza 90 A.3d 614 N.H. 2014
    State v. Germain, 165 N.H. 350, 361-62 (2013) (emphasis in original) (quotations omitted).
  • State of New Hampshire v. Chad Belleville 88 A.3d 918 N.H. 2014
    When the evidence as to one or more of the elements of the charged offense is solely circumstantial, it must exclude all reasonable conclusions except guilt.
  • State v. Gagne 79 A.3d 448 N.H. 2013
    When the evidence is solely circumstantial as to an element, it must exclude all reasonable conclusions except guilt.