Cited by
Opinions in New Hampshire that cite State v. Cormier, 499 A.2d 986.
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State of New Hampshire v. Scott Hilliard
N.H. 2021
It is settled law that a driver arrested for DWI has no constitutional right to refuse to provide a sample for a blood-alcohol test.
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State of New Hampshire v. Taylor M. Kenny
N.H. 2020
State v. Parmenter, 149 N.H. 40, 44 (2002); State v. Cormier, 127 N.H. 253, 256-60 (1985); RSA 265-A:10 (2014).
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State v. David Burris
187 A.3d 830
N.H. 2018
“Historically the privilege against compelled self- incrimination originated as a reaction to the practice in the early English courts of compelling a witness to be sworn and give testimony concerning his guilt.” State v. Cormier, 127 N.H. 253, 255 (1985) (quotation and brackets omitted).
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State v. Marchand
164 N.H. 26
N.H. 2012
Typically, two basic questions are raised by a self-incrimination objection: “[D]oes the evidence in question fall within the scope of evidence to which the [privilege] applies, and did the action of the State in obtaining *32 that evidence constitute compulsion.” State v. Cormier, 127 N.H. 253, 255 (1985).
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State v. Barkus
888 A.2d 398
N.H. 2005
State v. Cormier, 127 N.H. 253, 258 (1985) (“[A] defendant may suppress [blood alcohol test] evidence...
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State v. Hearns
855 A.2d 549
N.H. 2004
Like other jurisdictions, we have long said that the privilege against self-incrimination “applies only to evidence provided by a defendant that is of testimonial character.” State v. Cormier, 127 N.H. 253, 255 (1985).
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State v. Lorton
829 A.2d 647
N.H. 2003
Viewed in the light most favorable to the State, however, the refusal supports an inference that the defendant sought to suppress evidence of his guilt.
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State v. Parmenter
815 A.2d 946
N.H. 2002
According to the defendant, while her refusal to submit to chemical testing is admissible as evidence against her at trial, State v. Cormier, 127 N.H. 253, 257-60 (1985), the court is also required to consider any explanation given by the defendant regarding the decision to decline the testing.
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State v. Roache
803 A.2d 572
N.H. 2002
State v. Cormier, 127 N.H. 253, 262 (1985) (King, C.J., and Douglas, J., dissenting).
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DeMauro v. DeMauro
712 A.2d 623
N.H. 1998
Doe v. United States, 487 U.S. 201, 215-16 (1988); cf. Cormier, 127 N.H. 253, 256, 499 A.2d 986, 988 (1985) (privilege against self-incrimination “applies only to evidence provided by a defendant that is of testimonial character”).
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State v. Parker
702 A.2d 306
N.H. 1997
The defendant was told that he had the right to refuse the test, see RSA 265:92, but that such *321 refusal would result in the suspension of his driver’s license and might be admissible into evidence at trial.
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Knowles v. Warden, State Prison
666 A.2d 972
N.H. 1995
Part I, article 15 of the New Hampshire Constitution protects the plaintiff from being “compelled to accuse or furnish evidence against himself.” The fifth amendment to the United States Constitution protects him from being “compelled in any criminal case to be a witness against himself.” These privileges are comparable in scope.
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State v. Drewry
661 A.2d 1181
N.H. 1995
V. The State constitutional privilege against self-incrimination is comparable in scope to the fifth amendment.
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State v. Robidoux
662 A.2d 268
N.H. 1995
State v. Cormier, 127 N.H. 253, 258—59, 499 A.2d 986, 990-91 (1985) (permitting evidentiary use of defendant’s refusal to submit to chemical testing).
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Zyla v. Turner
590 A.2d 618
N.H. 1991
The license revocation at issue is a civil, not criminal, penalty.
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State v. Frederick
566 A.2d 180
N.H. 1989
Introducing evidence of an oral refusal under an implied consent law was sustained as against a self-incrimination objection under the fifth amendment in South Dakota v. Neville, 459 U.S. 553 (1983), and under part I, article 15 in State v. Cormier, 127 N.H. 253, 499 A.2d 986 (1985).
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Jordan v. State
561 A.2d 1078
N.H. 1989
Also, we reject the plaintiff’s conclusory assertions that the State violated his rights of equal protection and due process by revoking his driver’s license for refusing to submit to a test, see State v. Cormier, 127 N.H. 253, 257, 499 A.2d 986, 989 (1985), and by failing to administer a blood or urine test to the plaintiff once it became apparent that he had chosen not to comply with the breath-alcohol testing requirements, see RSA 265:92,1 (Supp. 1988); Hallet v. Johnson, 111 N.H. 152, 153, 2
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State v. Denney
536 A.2d 1242
N.H. 1987
In State v. Cormier, 127 N.H. 253, 260, 499 A.2d 986, 991 (1985), this court held that the evidentiary use of a DWI defendant’s refusal to provide a sample of breath or bodily substance for chemical testing does not violate the guarantee against compelled self-incrimination provided by part I, article 15 of the State Constitution.
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Sylvester v. Director, Division of Motor Vehicles
533 A.2d 378
N.H. 1987
In State v. Cormier, 127 N.H. 253, 258, 499 A.2d 986, 989 (1985), this court stated that the chemical test was the best evidence of drunkenness and that the driver’s choice to refuse to take the test came with the attached strings that the refusal would result in a license revocation and could be introduced into evidence at trial without violating th
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State v. Brown
517 A.2d 831
N.H. 1986
Griffin v. California, 380 U.S. 609, 611 (1965); State v. Cormier, 127 N.H. 253, 255, 499 A.2d 986, 988 (1985); State v. Arsenault, 115 N.H. 109, 112, 336 A.2d 244, 246 (1975).
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State v. Greene
512 A.2d 429
N.H. 1986
.The defendant argues, however, that the situation has been elevated to a “critical stage” in criminal proceedings due to the enactment of RSA 265:88-a (Supp. 1985) making a refusal to take the test admissible into evidence and our upholding of that statute in State v. Cormier, 127 N.H. 253, 499 A.2d 986 (1985).
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State v. Goding
513 A.2d 325
N.H. 1986
In State v. Cormier, 127 N.H. 253, 499 A.2d 986 (1985), a majority of this court held that a suspect’s refusal to take a blood alcohol test can be admitted as evidence against the suspect in a later DWI prosecution.