Cited by
Opinions in New Hampshire that cite State v. Ruelke, 366 A.2d 497.
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State v. Crosby
697 A.2d 1377
N.H. 1997
In determining whether an error was harmless, we ask not “whether the evidence, apart from that erroneously admitted, would support a finding of guilt, but whether it can be said beyond a reasonable doubt that the inadmissible evidence did not affect the verdict.” State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976).
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State v. Davis
650 A.2d 1386
N.H. 1994
Assuming for purposes of this appeal that the introduction of the check was error, however, the error was harmless.
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State v. Skidmore
636 A.2d 64
N.H. 1993
“[I]t is not a question whether the evidence, apart from that erroneously admitted, would support a finding of guilt, but whether it can be said beyond a reasonable doubt *204 that the inadmissible evidence did not affect the verdict.” State v. Ruelke, 116 N.H. 692, 366 A.2d 497, 498 (1976).
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State v. Wong
635 A.2d 470
N.H. 1993
Bailey, 127 N.H. at 421, 503 A.2d at 767; State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976).
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State v. Anctil
598 A.2d 213
N.H. 1991
State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976) (where it can be said beyond a reasonable doubt that the inadmissible evidence did not affect the verdict, error is harmless and court will uphold the conviction).
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State v. Favreau
592 A.2d 1136
N.H. 1991
The erroneous admission of hearsay evidence is harmless when it can be said “beyond a reasonable doubt that the inadmissible evidence did not affect the verdict.” State v. Elwell, 132 N.H. 599, 607, 567 A.2d 1002, 1007 (1989); State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976).
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State v. Eldridge
588 A.2d 1222
N.H. 1991
State v. Sampson, 132 N.H. 343, 348, 565 A.2d 1040, 1043 (1989) (citing State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976)).
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Kallgren v. Chadwick
589 A.2d 120
N.H. 1991
Under these circumstances, the jury might have drawn entirely different inferences from all the evidence if the hearsay evidence had not been admitted.
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State v. Fecteau
587 A.2d 591
N.H. 1991
This error was harmless, however, because we can say beyond a reasonable doubt that the evidence of the courtroom identification did not affect the verdict.
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State v. Peters
587 A.2d 587
N.H. 1991
As we cannot say beyond a reasonable doubt that the admission of the videotaped testimony, in the absence of the required showing by the State, did not affect the verdict, see State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976), we hold that the defendant’s confrontation rights under part I, article 15 of the State Constitution were violated.
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State v. Coleman
584 A.2d 755
N.H. 1990
State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976); see also State v. Nadeau, 126 N.H. 120, 125, 489 A.2d 623, 626 (1985).
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State v. Williams
581 A.2d 78
N.H. 1990
The State concedes it was error for the judge to decide this question as a matter of law, but argues in turn that this error was *634 harmless beyond a reasonable doubt, see State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976), and that we should therefore affirm Williams’s fraud convictions.
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State v. Monsalve
574 A.2d 1384
N.H. 1990
VI, was harmless beyond a reasonable doubt.
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Explained
State v. Green
575 A.2d 1308
N.H. 1990
In State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976), we explained the doctrine of harmless error: “[I]t is not a question whether the evidence, apart from that erroneously admitted, would support a finding of guilt, but whether it can be said beyond a reasonable doubt that the inadmissible evidence did not affect the verdict.” The screwd
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State v. Stanley
567 A.2d 575
N.H. 1989
assuming arguendo that introduction of the invoice was error, the error was harmless beyond a reasonable doubt.
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State v. Elwell
567 A.2d 1002
N.H. 1989
To rule that the erroneous introduction of the blood sample evidence was harmless, we must be able to find beyond a reasonable doubt that the inadmissible evidence did not affect the verdict.
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State v. Sampson
565 A.2d 1040
N.H. 1989
The erroneous admission of hearsay evidence is harmless when it can be said beyond a reasonable doubt that the verdict was not affected.
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State v. Dube
547 A.2d 283
N.H. 1988
h of the matter asserted, the hearsay rule does not apply.” VI J. WlGMORE, Evidence § 1766, at 250 (Chadbourn rev. 1976) (emphasis in original); see also State v. Varagianis supra; State v. McPherson supra; Ellsworth v. Watkins, 101 N.H. 51, 53, 132 A.2d 136, 138 (1957); State v. Wentworth, 37 N.H. 196, 217 (1858), cited in VI J. WlGMORE, supra at 251-52; cf. State v. Ruelke, 116 N.H. 592, 694, 366 A.2d 497, 498 (1976), explained in State v. Varagianis supra (statement clearly admitted for its t
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State v. Woods
546 A.2d 1073
N.H. 1988
Given the obviously damaging nature of the hearsay testimony, we cannot conclude that the erroneous admission of the statements was harmless beyond a reasonable doubt, State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976), and we accordingly reverse the defendant’s conviction.
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State v. Cannata
543 A.2d 421
N.H. 1988
It is unnecessary, however, to decide whether the Florida arrest was pretextual in any sense that might have tainted the seizure, because even on the assumptions most favorable to the defendant, it is clear beyond a reasonable doubt that the introduction of the evidence in question could not have been anything worse than harmless error.
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State v. Bujnowski
532 A.2d 1385
N.H. 1987
We will order a new trial if the State is not able to show “beyond a reasonable doubt that the [improper statements] did not affect the verdict.” State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976).
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State v. Hickey
523 A.2d 60
N.H. 1986
Taken together, we cannot say beyond a reasonable doubt that the court’s errors did not affect the jury’s verdict.
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State v. Dellorfano
517 A.2d 1163
N.H. 1986
In determining the gravity of an error, this court asks “whether it can be said beyond a reasonable doubt that the inadmissible evidence did not affect the verdict.” State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976).
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Welch v. Gonic Realty Trust Co.
517 A.2d 808
N.H. 1986
The two-issue rule, however, is not the law in New Hampshire, and runs counter to the principle enunciated by this court in State v. Ruelke, 116 N.H. 692, 366 A.2d 497 (1976).
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State v. Varagianis
512 A.2d 1117
N.H. 1986
not for the truth of the matter asserted.” The defendant further avers that, on virtually identical facts, we reversed a drug sale conviction in State v. Ruelke, 116 N.H. 692, 366 A.2d 497 (1976).
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State v. McPherson
508 A.2d 1076
N.H. 1986
Moreover, we cannot say that, had the evidence been admitted, it would have had no effect on the jury’s verdict.
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Fenlon v. Thayer
506 A.2d 319
N.H. 1986
Nevertheless, this court will reverse an erroneous ruling when it substantially affects the rights of a party.
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State v. Ober
493 A.2d 493
N.H. 1985
Because the prosecutor’s attempt to bolster the State’s witness by a reference to a polygraph test was, therefore, not harmless beyond a reasonable doubt, State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976), we must reverse and remand for a new trial.
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State v. Avery
490 A.2d 1350
N.H. 1985
The evidence for the defendant’s guilt, as recounted above, was so strong that we can say beyond a reasonable doubt that the improper question could not have affected the verdict.
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State v. Munson
489 A.2d 646
N.H. 1985
“In this State the test for determining in a criminal case whether error can be harmless is ‘whether it can be said beyond a reasonable doubt that the inadmissible evidence did not affect the verdict.’” State v. Welch, 120 N.H. 687, 688, 421 A.2d 142, 142-43 (1980) (quoting State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976)).
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State v. Lake
485 A.2d 1048
N.H. 1984
Accordingly, we conclude that under our harmless error standard, the State has not shown beyond a reasonable doubt that the failure to give the special jury instruction to cure the prosecutor’s improper comment did not affect the verdict.
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State v. Shannon
484 A.2d 1164
N.H. 1984
State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976); see State v. LaBranche, 118 N.H. 176, 179, 385 A.2d 108, 110 (1978).
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State v. Sidebotham
474 A.2d 1377
N.H. 1984
State v. Ruelke, 116 N.H. 692, 693, 366 A.2d 497, 498 (1976); see United States v. Thomann, 609 F.2d 560, 563 (1st Cir. 1979).
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State v. Leuthner
474 A.2d 1029
N.H. 1984
When irrelevant evidence is improperly admitted, the critical question is “whether it can be said beyond a reasonable doubt that the inadmissible evidence did not affect the verdict.” State v. LaBranche, 118 N.H. 176, 179, 385 A.2d 108, 110 (1978) (quoting State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976)).
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State v. Woodbury
469 A.2d 1302
N.H. 1983
In this State, the test for determining harmless error in a criminal case is “whether it can be said beyond a reasonable doubt that the inadmissible evidence did not affect the verdict.” State v. Welch, 120 N.H. 687, 688, 421 A.2d 142, 142-43 (1980) (quoting State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976)).
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State v. Flynn
464 A.2d 268
N.H. 1983
State v. Beaulieu, 119 N.H. 400, 404, 402 A.2d 178, 181 (1979); State v. Ruelke, 116 N.H. 692, 693, 336 A.2d 497, 498 (1976).
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State v. Dustin
446 A.2d 1186
N.H. 1982
State v. Welch, 120 N.H. 687, 688, 421 A.2d 142, 142-43 (1980); State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976).
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State v. Settle
447 A.2d 1284
N.H. 1982
We are asked in this case to determine whether the automatic standing rule adopted by this court in State v. Crump, 107 N.H. 62, 65, 217 A.2d 183, 186 (1966), and more recently affirmed in State v. Ruelke, 116 N.H. 692, 693, 366 A.2d 497, 498 (1976), constitutes the standard by which searches must be judged or whether the “legitimate expectation of privacy” doctrine, expressed more recently by the United States Supreme Court in Rakas v. Illinois, 439 U.S. 128, 143 (1978) and United States v. Sal
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State v. Woodard
437 A.2d 273
N.H. 1981
State v. LaBranche, 118 N.H. 176, 179, 385 A.2d 108, 110 (1978) (quoting State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976)).
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State v. Scarlett
426 A.2d 25
N.H. 1981
We are satisfied beyond a reasonable doubt that the erroneous admission of the hearsay testimony in this case did not affect the verdict and *43 that, therefore, the error was harmless.
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State v. Driscoll
424 A.2d 410
N.H. 1980
State v. Scarlett, 118 N.H. 904, 907, 395 A.2d 1244, 1246-47 (1978); State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976).
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State v. Welch
421 A.2d 142
N.H. 1980
In this State the test for determining in a criminal case whether error can be harmless is “whether it can be said beyond a reasonable doubt that the inadmissible evidence did not affect the verdict.” State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976); State v. LaBranche, 118 N.H. 176, 179, 385 A.2d 108, 110 (1978).
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State v. Beaulieu
402 A.2d 178
N.H. 1979
State v. Ruelke, 116 N.H. 692, 693, 366 A.2d 497, 498 (1976); State v. Fernandez, 113 N.H. 5, 7, 300 A.2d 55, 56-57 (1973).
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Distinguished
State v. Scarlett
395 A.2d 1244
N.H. 1978
State v. Labranche, 118 N.H. 176, 179, 385 A.2d 108, 110 (1978); State v. Ruelke, 116 N.H. 692, 694, 366 A.2d 497, 498 (1976); accord, Fahy v. Connecticut, 375 U.S. 85, 86—87 (1963).
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State v. LaBranche
385 A.2d 108
N.H. 1978
the State has failed to recognize the proper harmless error test regarding inadmissible evidence as set forth in State v. Ruelke, 116 N.H. 692, 366 A.2d 497 (1976).