Cited by
Opinions in New Hampshire that cite State v. Noel, 404 A.2d 290.
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State of New Hampshire v. Albert J. Boutin, III
134 A.3d 947
N.H. 2016
These principles, as alluded to in Agueci, 310 F.2d at 828, establish that “[a]though the State must establish guilt beyond a reasonable doubt on all the essential elements [of the charged offense], it may rely on circumstantial, rather than direct, evidence.” State v. Noel, 119 N.H. 522, 527 (1979) (quotation omitted).
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State v. Sylvia
616 A.2d 507
N.H. 1992
State v. Hamel, 123 N.H. 670, 679, 466 A.2d 555, 560 (1983); State v. Noel, 119 N.H. 522, 528, 404 A.2d 290, 293 (1979); State v. Goodwin, 118 N.H. 862, 867, 395 A.2d 1234, 1237 (1978); State v. Caldrain, 115 N.H. 390, 391-92, 342 A.2d 628, 629 (1975); State v. Warren, 114 N.H. 196, 197, 317 A.2d 566, 567 (1974).
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State v. Guglielmo
544 A.2d 25
N.H. 1987
.” RSA 626:4; see State v. Noel, 119 N.H. 522, 528, 404 A.2d 290, 293 (1979).
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State v. Sullivan
534 A.2d 384
N.H. 1987
“Unless an accused understands his rights, there can be no voluntary, intelligent, and knowing waiver.” State v. Noel, 119 N.H. 522, 525, 404 A.2d 290, 292 (1979); see United States v. Brown, 535 F.2d 424, 427 (8th Cir. 1976).
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State v. Cote
530 A.2d 775
N.H. 1987
The testimony on the issue was conflicting, and in such circumstances the trial judge is charged with assessing the witness’s credibility.
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State v. Brodeur
493 A.2d 1134
N.H. 1985
State v. Noel, 119 N.H. 522, 526, 404 A.2d 290, 292 (1979); North Carolina v. Butler, 441 U.S. 369, 373 (1979).
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State v. Meloon
469 A.2d 1316
N.H. 1983
Therefore, the fact that the defendant was found without any stolen items in his possession at the time of apprehension is not controlling *260 on the issue of the defendant’s intent at the time of his entry.
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State v. Copeland
467 A.2d 238
N.H. 1983
2d 244, 249, 234 N.E.2d 772, 775 (1968)); see also State v. Noel, 119 N.H. 522, 526-27, 404 A.2d 290, 292-93 (1979).
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State v. Berube
465 A.2d 509
N.H. 1983
If the defendant had testified that he was not informed of his rights before being questioned, the trial court would have been correct in weighing the conflicting testimony in determining whether the State had met its burden of proof.
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State v. Zysk
465 A.2d 480
N.H. 1983
One’s mental and physical conditions are crucial in determining whether a knowing, intelligent, and voluntary waiver has occurred.
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State v. Bushey
453 A.2d 1265
N.H. 1982
One factor which should be considered is the mental capability of the defendant.
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State v. Nash
407 A.2d 365
N.H. 1979
North Carolina v. Butler, 99 S. Ct. 1755 (1979); see State v. Noel, 119 N.H. 522, 404 A.2d 290 (1979).
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State v. Boone
406 A.2d 113
N.H. 1979
State v. Noel, 119 N.H. 522, 404 A.2d 290 (1979); State v. Gilbert, 115 N.H. 665, 667, 348 A.2d 713, 715 (1975), and the motion was therefore properly denied.