Cited by

See, e.g., State v. Veale, 158 N.H. 632, 638-39 (2009) (holding that reputation alone is a sufficient interest to require state due process protection and rejecting the federal “stigma-plus” approach); State v. Laurie, 139 N.H. 325, 330 (1995) (requiring State to demonstrate, beyond a reasonable doubt, that undisclosed exculpatory evidence would not have affected the verdict); State v. Phinney, 117 N.H. 145, 147 (1977) (adopting *592 beyond a reasonable doubt standard in determining the voluntar

Accordingly, before statements made by a defendant during custodial interrogation may be considered as evidence, the State must *49 prove beyond a reasonable doubt, State v. Phinney, 117 N.H. 145, 147 (1977), that the defendant was warned of his constitutional rights, see State v. Nash, 119 N.H. 728, 730 (1979), and that any subsequent waiver of those rights was voluntary, knowing and intelligent.

Its acceptance basically amounts to conviction.” State v. Phinney, 117 N.H. 145, 147, 370 A.2d 1153, 1154 (1977); see Arizona v. Fulminante, 499 U.S. 279, 296 (1991).

Officer Anderson testified that, at the accident scene, he overheard the defendant admit to drinking “five or six beers” to a member of the emergency medical team.

The State must prove voluntariness beyond a reasonable doubt, State v. Phinney, 117 N.H. 145, 147, 370 A.2d 1153, 1154 (1977), and a trial court’s finding of voluntariness will not be reversed unless it is contrary to the manifest weight of the evidence, McDermott, 131 N.H. at 500, 554 A.2d at 1305.

State v. Plante, 133 N.H. 384, 386, 577 A.2d 95, 97 (1990); State v. Phinney, 117 N.H. 145, 370 A.2d 1153 (1977).

We held in State v. Phinney, 117 N.H. 145, 370 A.2d 1153 (1977), that a- confession is a special type of evidence, the voluntariness of which must be determined beyond a reasonable doubt under the State Constitution.

State v. Zurita, 133 N.H. 719, 724, 584 A.2d 758, 761 (1990); State v. Gullick, 118 N.H. 912, 915, 396 A.2d 554, 555 (1978); State v. Phinney, 117 N.H. 145, 146, 370 A.2d 1153, 1153 (1977).

On appeal, the State argues that the trial court improperly relied on State v. Phinney, 117 N.H. 145, 370 A.2d 1153 (1977), in requiring the State to prove a voluntary waiver before introducing the defendant’s Richards hearing testimony.

The burden of proof in the habeas proceeding would devolve in fact upon the State, just as it rests in law upon the State in any true suppression hearing, see State v. Palamia, 124 N.H. 333, 336, 470 A.2d 906, 907-08 (1983) (to justify admitting fruits of warrantless arrest); State v. Gullick, 118 N.H. 912, 915, 396 A.2d 554, 555 (1978) (to show post -Miranda waiver); State v. Phinney, 117 N.H. 145, 146, 370 A.2d 1153, 1153 (1977) (to show voluntariness of statement); State v. Slade, 116 N.H. 43

Based on the facts described above, the trial court concluded that the State had failed to satisfy its burden to prove beyond a reasonable doubt that McDermott voluntarily gave his confession.

Szasz, The Danger of Coercive Psychiatry, 61 A.B.A.J.

*68 Both the defendant and the State concede that under State v. Phinney, 117 N.H. 145, 370 A.2d 1153 (1977) and State v. Gullick, 118 N.H. 912, 396 A.2d 554 (1978), the State’s burden is to prove voluntariness in the waiver and in the statement “beyond a reasonable doubt.” In Phinney, we rejected the United States Supreme Court’s “preponderance of the evidence” standard to show that the confession w

Accordingly, before statements made by a defendant during custodial interrogation may be considered as evidence, the State must prove beyond a reasonable doubt, State v. Phinney, 117 N.H. 145, 147, 370 A.2d 1153, 1154 (1977), that the defendant was warned of his constitutional rights, see State v. Nash, 119 N.H. 728, 730-31, 407 A.2d 365, 367 (1979), that the defendant waived those rights, State v. Butler, 117 N.H. 888, 891, 379 A.2d 827, 829 (1977), and that the statements were made voluntarily

The defendant argues that a court cannot find such a waiver beyond a reasonable doubt, as required under State v. Phinney, 117 N.H. 145, 370 A.2d 1153 (1977), when the evidence indicates that a defendant did not know the reason for the questioning about which he is said to have waived his rights.

Since the record before us does not indicate clearly that the trial judge applied the reasonable doubt standard required by State v. Phinney, 117 N.H. 145, 370 A.2d 1153 (1977), there is no occasion to apply the holding in State v. Radziewicz, 122 N.H. 205, 443 A.2d 142 (1982), to avoid vacating the order denying the motion to suppress.

State v. Gullick, 118 N.H. 912, 396 A.2d 554 (1978); State v. Phinney, 117 N.H. 145, 370 A.2d 1153 (1977).

The trial court, after listening to the testimony of the psychiatrist, the defendant, and the police officers, found that the State had proved beyond a reasonable doubt that the defendant’s statements were voluntary.

Under the “totality of the circumstances” test, the existence of a promise made to the defendant is not dispositive.

Rather, he relies exclusively on the rule that the State must prove beyond a reasonable doubt that any confession introduced into evidence was made voluntarily.

State v. Gullick, 118 N.H. at 915, 396 A.2d at 555 (citing State v. Phinney, 117 N.H. 145, 146, 370 A.2d 1153, 1153 (1977)); see State v. Bushey, 122 N.H. 995, 999, 453 A.2d 1265, 1267 (1982).

State v. Gullick, 118 N.H. 912, 915, 396 A.2d 554, 555 (1978); State v. Phinney, 117 N.H. 145, 146, 370 A.2d 1153, 1153 (1977).

Rather, it is a procedural requirement that we have imposed to insure that records on appeal before us disclose that the trial court has applied the proper standard of proof in determining “voluntariness.” See State v. Phinney, 117 N.H. 145, 147, 370 A.2d 1153, 1154 (1977).

Compare State v. Phinney, 117 N.H. 145, 146, 370 A.2d 1153, 1154 (1977) with Lego v. Twomey, 404 U.S. 477, 486-87 (1972).

State v. Phinney, 117 N.H. 145, 146, 370 A.2d 1153, 1153 (1977); Addington v. Texas, 441 U.S. at 431.

Opinion of the Justices, 118 N.H. 347, 349-50, 387 A.2d 333, 335 (1978); Angwin v. Manchester, 118 N.H. 336, 337, 386 A.2d 1272, 1273 (1978); see State v. Hogg, 118 N.H. 262, 264, 385 A.2d 844, 845 (1978); State v. Phinney, 117 N.H. 145, 146, 370 A.2d 1153, 1153 (1977).

We further hold on the record before us that it could not be found beyond a reasonable doubt that the admissions in this case were voluntary.

State v. Gullick, 118 N.H. 912, 396 A.2d 554 (1978); State v. Phinney, 117 N.H. 145, 370 A.2d 1153 (1977).

See, e.g., State v. Hogg, 118 N.H. 263, 385 A.2d 844 (1978); State v. Phinney, 117 N.H. 145, 370 A.2d 1153 (1977).

The law in New Hampshire is clear that “before the confessions may be considered as evidence, the state would have to show beyond a reasonable doubt that defendant had been warned of his constitutional rights, that the defendant waived those rights, ‘and that the statements were given voluntarily.’ ” State v. Phinney, 117 N.H. 145, 146, 370 A.2d 1153, 1153 (1977).

State v. Leclair, 118 N.H. 214, 385 A.2d 831 (1978); State v. Phinney, 117 N.H. 145, 370 A.2d 1153 (1977).

at 364; Speiser v. Randall, 357 U.S. 513, 525-26 (1958); State v. Phinney, 117 N.H. 145, 370 A.2d 1153 (1977).

Defendant argues further that the trial court erred in instructing the jury that the state had the burden of proving the *893 voluntariness of the confession by clear and convincing proof instead of beyond a reasonable doubt in accordance with State v. Phinney, 117 N.H. 145, 370 A.2d 1153 (1977), which he claims should be made retroactive.