Cited by
Opinions in New Hampshire that cite State v. Wayne Kelley, 413 A.2d 300.
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State v. Germain
79 A.3d 1025
N.H. 2013
Such evidence “consists of proof of facts or circumstances which give rise to a reasonable inference of the truth of the fact sought to be proved.” State v. Wayne Kelley, 120 N.H. 14, 16 (1980).
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State v. Kelley
986 A.2d 620
N.H. 2009
In doing so, however, we emphasize that “[t]he law makes no distinction between direct evidence of a fact and evidence of circumstances from which the existence of a fact may be inferred.” State v. Kelley, 120 N.H. 14, 16 (1980); see also 2 C. Fishman, Jones on Evidence § 11:7, at 270 (7th ed. 1994) (“It is axiomatic that circumstantial evidence can suffice to sustain a verdict —”); United States v. Andrino, 501 F.2d 1373, 1378 (9th Cir. 1974) (“Circumstantial evidence is not less probative than
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State v. Brown
930 A.2d 410
N.H. 2007
Consistent with the MPC, the State must prove that the defendant’s purpose was to hinder apprehension, prosecution or conviction.
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State v. Briggs
790 A.2d 792
N.H. 2002
to interfere with a public servant where their “purpose [in] *434 detaining Officer McKenzie’s vehicle was to preserve proof that a crime had been committed, not to prevent him from performing official duties.” With respect to intent, however, the statute requires only a conscious object to interfere with the public servant; the defendant’s underlying or ultimate motive for doing so is irrelevant.
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State v. Newcomb
663 A.2d 613
N.H. 1995
Facts may be proved by circumstantial evidence, and “[t]he law makes no distinction between direct evidence of a fact and evidence of circumstances from which the existence of a fact may be inferred.” State v. Wayne Kelley, 120 N.H. 14, 16, 413 A.2d 300, 302 (1980).
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State v. Gruber
562 A.2d 156
N.H. 1989
We have previously ruled that a fact may be proven by circumstantial evidence.
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State v. Meekins
508 A.2d 1048
N.H. 1986
State v. Wayne Kelley, 120 N.H. 14, 16, 413 A.2d 300, 302 (1980); State v. Canney, 112 N.H. 301, 302, 294 A.2d 382, 383 (1972).
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State v. LaRose
497 A.2d 1224
N.H. 1985
If there is any substance to the claim that the trial court’s ruling “chilled” the defendant’s desire to take the stand in his own defense, we point to State v. Wayne Kelley, 120 N.H. 14, 18-19, 413 A.2d 300, 303-04 (1980), as dispositive of the claim.
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State v. Brooks
495 A.2d 1258
N.H. 1985
He cites as the sole authority for this argument the dissenting opinion in State v. Wayne Kelley, 120 N.H. 14, 20, 413 A.2d 300, 304 (1980).
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State v. Vanguilder
493 A.2d 1116
N.H. 1985
In ruling upon the admissibility of the three prior convictions in question, the trial court relied in part upon this court’s holding in State v. Robinson, 123 N.H. 532, 465 A.2d 1201 (1983), which in turn has its precedential base in the earlier holdings in State v. Wayne Kelley, 120 N.H. 14, 18-19, 413 A.2d 300, 303-04 (1980), and State v. Duke, 100 N.H. 292, 293-94, 123 A.2d 745, 746 (1956).
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State v. Sands
467 A.2d 202
N.H. 1983
State v. Wayne Kelley, 120 N.H. 14, 16-17, 413 A.2d 300, 302 (1980); cf. State v. Taylor, 118 N.H. 855, 857, 395 A.2d 505, 507 (1978) (flight from scene creates inference of guilt).
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State v. Robinson
465 A.2d 1201
N.H. 1983
In State v. Wayne Kelley, 120 N.H. 14, 18-19, 413 A.2d 300, 303-04 (1980), addressing a similar argument, we acknowledged that a defendant might elect not to testify if the trial court ruled that prior criminal convictions were admissible at trial.
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State v. Ramos
435 A.2d 1122
N.H. 1981
In State v. Kelley, 120 N.H. 14, 19, 413 A.2d 300, 303-04 (1980), we allowed evidence of the witness’ prior convictions to impeach his credibility even though the crimes did not involve dishonesty.
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State v. Reardon
431 A.2d 796
N.H. 1981
.” State v. Wills, 107 N.H. 107, 108-09, 218 A.2d 47, 48-49 (1966); see State v. Kelley, 120 N.H. 14, 16, 413 A.2d 300, 302 (1980).
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State v. Scarlett
426 A.2d 25
N.H. 1981
Circumstantial evidence may be sufficient to support such a finding.
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State v. Staples
415 A.2d 320
N.H. 1980
It is well established in this State that evidence of a defendant’s prior convictions may be admitted in the discretion of the trial court when the defendant has testified and the State seeks to impeach his credibility.