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Opinions in New Hampshire that cite State v. Bushey, 453 A.2d 1265.

16 citing documents.

State v. Roache 803 A.2d 572 N.H. 2002
“The requirement of a knowing and intelligent waiver implies a rational choice based upon some appreciation of the consequences of the decision.” State v. Bushey, 122 N.H. 995, 999 (1982).
State v. Dumas 761 A.2d 1063 N.H. 2000
Rather, the determination of whether a person in fact knowingly and intelligently waived his Miranda rights is to be made after consid *303 ering the totality of the circumstances.” State v. Bushey, 122 N.H. 995, 999, 453 A.2d 1265, 1267 (1982).
State v. Girmay 652 A.2d 150 N.H. 1994
— understanding these rights — are you willing to answer questions,” the defendant responded, “Yes.” “[A] knowing and intelligent waiver implies a rational choice based upon some appreciation of the consequences of the decision.” State v. Bushey, 122 N.H. 995, 999, 453 A.2d 1265, 1267 (1982).
State v. Stayman 640 A.2d 771 N.H. 1994
State v. Jones, 125 N.H. 490, 494, 484 A.2d 1070, 1073 (1984); State v. Bushey, 122 N.H. 995, 999, 453 A.2d 1265, 1267 (1982).
State v. LaFountain 636 A.2d 1028 N.H. 1994
The State was required to show that the defendant actually understood his rights, see State v. Jones, 125 N.H. 490, 494, 484 A.2d 1070, 1073 (1984), and that his decision to waive his rights was “based upon some appreciation of the consequences of the decision.” State v. Bushey, 122 N.H. 995, 999, 453 A.2d 1265, 1267 (1982).
State v. Chapman 605 A.2d 1055 N.H. 1992
Zurita, 133 N.H. at 724, 584 A.2d at 762; State v. Bushey, 122 N.H. 995, 999, 453 A.2d 1265, 1267 (1982).
State v. Gravel 601 A.2d 678 N.H. 1991
State v. Torres, 130 N.H. at 342-43, 540 A.2d at 1219; State v. Bushey, 122 N.H. 995, 999, 453 A.2d 1265, 1267 (1982).
State v. Zurita 584 A.2d 758 N.H. 1990
The defendant correctly asserts that, to withstand reversal on appeal, this finding must have been made beyond a reasonable doubt.
State v. Torres 540 A.2d 1217 N.H. 1988
Relying on State v. Brodeur, 126 N.H. 411, 493 A.2d 1134 (1985) and State v. Bushey, 122 N.H. 995, 453 A.2d 1265 (1982), the trial court denied the suppression motion, finding that (1) Torres had been given his Miranda rights, (2) Torres had not asserted either his right to remain silent or his right to counsel, (3) his statements had been made voluntarily, and (4) Torres had knowingly and intelligently waived hi
State v. Lewis 533 A.2d 358 N.H. 1987
North Carolina v. Butler, 441 U.S. 369, 374-75 (1979); State v. Bushey, 122 N.H. 995, 999, 453 A.2d 1265, 1267 (1982).
State v. McPherson 508 A.2d 1076 N.H. 1986
However, “[t]he burden of establishing that error in a criminal proceeding is harmless beyond a reasonable doubt rests on the State,” State v. Bushey, 122 N.H. 995, 1000, 453 A.2d 1265, 1268 (1982) (citation omitted), and we do not believe the State has met this burden.
State v. Brodeur 493 A.2d 1134 N.H. 1985
Issues of knowing and intelligent waiver of fifth amendment rights are determined by considering the totality of the circumstances, see State v. Bushey, 122 N.H. 995, 999, 453 A.2d 1265, 1267 (1982), and *417 waiver must be proven beyond a reasonable doubt, State v. Berube, 123 N.H. 771, 774, 465 A.2d 509, 511-12 (1983).
State v. Benoit 490 A.2d 295 N.H. 1985
Whether án adult voluntarily, knowingly and intelligently waived his rights is ultimately determined from the totality of the circumstances.
State v. Marcotte 466 A.2d 949 N.H. 1983
The burden of establishing that error in a criminal *66 proceeding is harmless beyond a reasonable doubt rests upon the State.
State v. Berube 465 A.2d 509 N.H. 1983
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. Zysk 465 A.2d 480 N.H. 1983
State v. Bushey, 122 N.H. 995, 999, 453 A.2d 1265, 1267 (1982); State v. Goddard, 122 N.H. 471, 473, 446 A.2d 456, 457 (1982).

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