Cited by

Opinions in New Hampshire that cite State v. Wayne Kelley, 413 A.2d 300.

16 citing documents.

  • 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).
  • 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
  • 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.
  • 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.
  • 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).
  • State v. Gruber 562 A.2d 156 N.H. 1989
    We have previously ruled that a fact may be proven by circumstantial evidence.
  • 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).
  • 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.
  • 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).
  • 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).
  • 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).
  • 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.
  • 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.
  • 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).
  • State v. Scarlett 426 A.2d 25 N.H. 1981
    Circumstantial evidence may be sufficient to support such a finding.
  • 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.