Cited by

Opinions in New Hampshire that cite State v. Linsky, 379 A.2d 813.

39 citing documents.

  • State of New Hampshire v. Joshua Kandoll N.H. 2025
    Of course, this standard of review does not mean that a trial court’s denial of a continuance will be treated superficially by this court.
  • State v. Collins 2024 N.H. 7 N.H. 2024
    In a different context, we have reviewed a decision on a motion to recuse a trial judge using an abuse-of-discretion standard.
  • State v. David Vincelette N.H. 2019
    Id.; see also State v. Linsky, 117 N.H. 866, 872 (1977).
  • State of New Hampshire v. Carlos Gonzalez, III 173 A.3d 583 N.H. 2017
    However, a defendant’s right to counsel of his choice — including out-of- state counsel — is not absolute; it is “circumscribed in several important respects.” Wheat, 486 U.S. at 159; see State v. Linsky, 117 N.H. 866, 880 (1977) (“The right to counsel of one’s choice is not unlimited.
  • State v. Addison 8 A.3d 118 N.H. 2010
    “There are no mechanical tests to determine when due process has been violated by the denial of a continuance, but in each case the totality of the circumstances must be considered.” State v. Linsky, 117 N.H. 866, 880 (1977); see State v. Barham, 126 N.H. 631, 640 (1985); Ungar v. Sarafite, 376 U.S. 575, 589 (1964) (“There are no mechanical tests for deciding when a denial of a continuance is so arbitrary as to violate due process.”).
  • State v. Ayer 834 A.2d 277 N.H. 2003
    The test for evaluating whether a court erred in refusing to disqualify itself based on its alleged partiality is the same under the New Hampshire Constitution, the Code of Judicial Conduct and general principles of federal due process.
  • Representative Burling v. Chandler 804 A.2d 471 N.H. 2002
    In addition, we reject the argument that because the house of representatives voted in favor of articles of impeachment against the chief justice, his recusal in this unrelated matter is necessary to avoid an “appearance of bias.” See State v. Linsky, 117 N.H. 866, 882 (1977).
  • Douglas v. Douglas 728 A.2d 215 N.H. 1999
    II, art. 73-a, and to suspend a sitting judge or assign another judge to a case, see In re Mussman, 112 N.H. 99, 102-03, 289 A.2d 403, 405-06 (1972) (referencing the right of the citizenry to impartial jurists under Part I, Article 35), but also to review a judge’s refusal to grant a motion to recuse, see, e.g., State v. Linsky, 117 N.H. 866, 882-83, 379 A.2d 813, 823-24 (1977).
  • State v. Stewart 706 A.2d 171 N.H. 1998
    The elements of criminal contempt are threefold: (1) that a valid court order covering the defendant exists; (2) that the defendant had notice of that order; and (3) that the defendant intentionally committed acts in violation of that order.
  • State v. Roy 668 A.2d 41 N.H. 1995
    It remains true that “[u]nder the immunity presently available, a trial court does not have the power to grant immunity on its own.” State v. Linsky, 117 N.H. 866, 884, 379 A.2d 813, 824 (1977); see, e.g., State v. Hamlin, 499 A.2d 45, 52 (Vt. 1985).
  • State v. Panzera 652 A.2d 136 N.H. 1994
    A defendant may be asked to make such a choice provided that “the choice presented to him is not constitutionally offensive,” id., and does not thereby violate the defendant’s right to due process.
  • State v. Emanuel 649 A.2d 53 N.H. 1994
    State v. Dukette, 127 N.H. 540, 543, 506 A.2d 699, 703 (1986); State v. Linsky, 117 N.H. 866, 879-80, 379 A.2d 813, 822 (1977).
  • State v. Wallace 615 A.2d 1243 N.H. 1992
    We have held that the State is required to prove in criminal contempt proceedings that a *271 valid order existed, of which the defendant had knowledge, and that the defendant intentionally failed to comply with the order.
  • Opinion of the Justices 608 A.2d 202 N.H. 1992
    We note that State v. Linsky, 117 N.H. 866, 379 A.2d 813 (1977), may be.
  • State v. Martina 600 A.2d 132 N.H. 1991
    The court must prepare, sign, and enter on the record an order of contempt, reciting the facts the court observed and which gave rise to the contempt.” Town of Nottingham, 118 N.H. at 286, 385 A.2d at 854 (citing State v. Linsky, 117 N.H. 866, 379 A.2d 813 (1977)).
  • Avery v. Cunningham 551 A.2d 952 N.H. 1988
    This court has previously ruled that a defendant has no constitutional right to have immunity conferred upon a witness who claims the right against self-incrimination and who possesses potentially exculpatory evidence.
  • State v. Comley 546 A.2d 1066 N.H. 1988
    Looking at the evidence “in the light most favorable to the State with all reasonable inferences therefrom,” State v. Linsky, 117 N.H. 866, 872-73, 379 A.2d 813, 818 (1977) (quoting State v. Gilbert, 115 N.H. 665, 666, 348 A.2d 713, 714 (1975), itself quoting State v. Canney, 112 N.H. 301, 303, 294 A.2d 382, 383 (1972)), we conclude that the record reveals sufficient evidence to sustain the defendant’s conviction.
  • State v. MacManus 536 A.2d 203 N.H. 1987
    at 305-06, 386 A.2d at 814; State v. Linsky, 117 N.H. 866, 884, 379 A.2d 813, 824 (1977).
  • State v. Saucier 512 A.2d 1120 N.H. 1986
    State v. Linsky, 117 N.H. 866, 379 A.2d 813 (1977) (eight days adequate time to prepare for trial where the evidence was fresh and *296 the issues for trial limited).
  • State v. Dukette 506 A.2d 699 N.H. 1986
    The court’s action was proper under the general rule, which is no less applicable when the public defender is involved, that “a court can compel a defendant to go to trial with present counsel if the court determines, within its sound discretion, that the objections to counsel are dilatory tactics or otherwise unwarranted.” State v. Linsky, 117 N.H. 866, 880, 379 A.2d 813, 822 (1977) (citing Maynard v. Meachum, 545 F.2d 273 (1st Cir. 1976); Lofton v. Procunier, 487 F.2d 434 (9th Cir. 1973)).
  • State v. Barham 495 A.2d 1269 N.H. 1985
    “[T]he matter of a continuance is within the sound discretion of the trial judge,” State v. Linsky, 117 N.H. 866, 879, 379 A.2d 813, 822 (1977), and a denial of a continuance will not constitute error absent an abuse of that discretion.
  • State v. Monahan 480 A.2d 863 N.H. 1984
    However, this court must determine whether the failure of the superior court to grant the continuance denied the defendant his right to due process.
  • Bonser v. Courtney 481 A.2d 524 N.H. 1984
    at 839, 424 A.2d at 203 (quoting Maggio v. Zeitz, 333 U.S. 56, 68 (1948)); see State v. Linsky, 117 N.H. 866, 876, 379 A.2d 813, 819 (1977).
  • State v. Fennelly 461 A.2d 1090 N.H. 1983
    Whether the issue of the propriety of recusal is discussed in terms of a “per se” rule or of a “reasonableness” standard, the defendant must show the existence of “bias, or such likelihood of bias, or an appearance of bias that the judge is unable to hold the balance between vindicating the interests of the court and the interests of the accused.” State v. Linsky, 117 N.H. 866, 882, 379 A.2d 813, 823-24 (1977) (citing Ungar v. Sarafite, 376 U.S. 575, 588 (1964)).
  • State v. Qualters 431 A.2d 780 N.H. 1981
    Jackson v. Virginia, 443 U.S. 307, 319 (1979); State v. Scarlett, 121 N.H. 37, 40, 426 A.2d 25, 27 (1981); State v. Linsky, 117 N.H. 866, 872, 379 A.2d 813, 818 (1977).
  • State v. Berry 428 A.2d 1250 N.H. 1981
    Security, 121 N.H. 74, 77, 426 A.2d 34, 36 (1981); RSA 21:2; see State v. Linsky, 117 N.H. 866, 874, 379 A.2d 813, 818 (1977).
  • State v. Mikolyski 427 A.2d 20 N.H. 1981
    Considering all the circumstances, we find no abuse of discretion.
  • City of Lebanon v. Townsend 424 A.2d 201 N.H. 1980
    Accordingly, once a court having jurisdiction over the subject matter and the parties renders a final order within its authority, that order “becomes res judicata and not subject to collateral attack in the contempt proceedings.” Maggio v. Zeitz, supra at 68; State v. Linsky, 117 N.H. 866, 876-77, 379 A.2d 813, 819 (1977).
  • State v. MacLeod 402 A.2d 1338 N.H. 1979
    Under the circumstances, we cannot say that the court abused its discretion.
  • State v. Lavallee 400 A.2d 480 N.H. 1979
    We note that RSA 516:34, on its face, does not limit immunity to prosecution witnesses.
  • State v. Taylor 395 A.2d 1239 N.H. 1978
    State v. Spade, 118 N.H. 186, 190, 385 A.2d 115, 117 (1978); State v. Linsky, 117 N.H. 866, 879, 379 A.2d 813, 822 (1977).
  • State v. Dupuy 395 A.2d 851 N.H. 1978
    Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950) (notice requirements based upon due process); State v. Linsky, 117 N.H. 866, 874, 379 A.2d 813, 819 (1977) (notice of injunction).
  • State v. Cole 395 A.2d 189 N.H. 1978
    State v. Gross, 117 N.H. 853, 379 A.2d 804 (1977); State v. Linsky, 117 N.H. 866, 379 A.2d 813 (1977).
  • State v. Adelson 389 A.2d 1382 N.H. 1978
    State v. Linsky, 117 N.H. 866, 872, 379 A.2d 813, 817 (1977); accord, In re Winship, 397 U.S. 358 (1970).
  • State v. Farrow 386 A.2d 808 N.H. 1978
    denied, 421 U.S. 999 (1975), that there is no constitutional right to have a defense witness immunized because that witness *306 has exercised his fifth amendment rights.
  • Town of Nottingham v. Cedar Waters, Inc. 385 A.2d 851 N.H. 1978
    The court must prepare, sign, and enter on the record an order of contempt, reciting the facts the court observed and which gave rise to the contempt.
  • State v. Spade 385 A.2d 115 N.H. 1978
    “[T]he matter of a continuance is within the sound discretion of the trial judge.” State v. Linsky, 117 N.H. 866, 379 A.2d 813 (1977).
  • State, Department of Health & Welfare v. Blaisdell 381 A.2d 1201 N.H. 1978
    .” We agree that in criminal con-tempts the State must prove beyond a reasonable doubt that the defendant was in violation of the court order.
  • State v. Heger 380 A.2d 1106 N.H. 1977
    State v. Cote, 108 N.H. 290, 293, 235 A.2d 111, 114 (1967); State v. Linsky, 117 N.H. 866, 379 A.2d 813 (1977).