Cited by

Opinions in New Hampshire that cite State v. Ruelke, 366 A.2d 497.

45 citing documents.

  • 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).
  • 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.
  • 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).
  • 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).
  • 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).
  • 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).
  • 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)).
  • 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.
  • 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.
  • 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.
  • 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).
  • 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.
  • State v. Monsalve 574 A.2d 1384 N.H. 1990
    VI, was harmless beyond a reasonable doubt.
  • 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
  • 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.
  • 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.
  • 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.
  • 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
  • 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.
  • 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.
  • 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).
  • 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.
  • 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).
  • 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).
  • 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).
  • 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.
  • 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.
  • 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.
  • 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.
  • 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)).
  • 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.
  • 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).
  • 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).
  • 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)).
  • 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)).
  • 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).
  • 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).
  • 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
  • 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)).
  • 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.
  • 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).
  • 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).
  • 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).
  • 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).
  • 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).