Cited by
Opinions in New Hampshire that cite State v. Winders, 503 A.2d 798.
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State v. Beltran
904 A.2d 709
N.H. 2006
Here, the Newmarket police report contained multiple levels of hearsay.
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State v. Ramos
818 A.2d 1228
N.H. 2003
The focus of our inquiry is upon whether joinder jeopardized the defendant’s right to a fair trial.
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State v. Francoeur
767 A.2d 429
N.H. 2001
“[I]n order for a hearsay declaration which itself contains a hearsay statement, to be admissible to prove the truth of the included statement, both the statement and the included statement must meet the tests of an exception to the hearsay rule.” State v. Winders, 127 N.H. 471, 477 (1985) (quotation omitted).
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State v. Hennessey
697 A.2d 930
N.H. 1997
The critical inquiry is whether “the defendant’s right to a fair trial was jeopardized by non-severance.” State v. Winders, 127 N.H. 471, 473, 503 A.2d 798, 799 (1985).
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Chinburg v. Chinburg
660 A.2d 1127
N.H. 1995
A decision on the admissibility of hearsay evidence is within the sound discretion of the trial court and will not be disturbed unless clearly erroneous.
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State v. Killam
626 A.2d 401
N.H. 1993
*160 It is for the trial court to determine whether testimony is admissible as an exception to the hearsay rule, and “we will not disturb its determination unless we find it to be clearly erroneous.” State v. Winders, 127 N.H. 471, 477, 503 A.2d 798, 802 (1985).
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State v. Kiewert
605 A.2d 1031
N.H. 1992
State v. Richards, 129 N.H. 669, 531 A.2d 338; State v. Winders, 127 N.H. 471, 503 A.2d 798 (1985); State v. Woodman, 125 N.H. 381, 480 A.2d 169.
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State v. Parra
604 A.2d 567
N.H. 1992
See, e.g., State v. Bergmann, 135 N.H. 97, 599 A.2d 502 (1991); State v. Stearns, 130 N.H. 475, 491, 547 A.2d 672, 681 (1988); State v. Winders, 127 N.H. 471, 477, 503 A.2d 798, 802 (1985); see also Sup.
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State v. Bergmann
599 A.2d 502
N.H. 1991
State v. Stearns, 130 N.H. 475, 491, 547 A.2d 672, 681 (1988) (citing State v. Winders, 127 N.H. 471, 477, 503 A.2d 798, 802 (1985)); Sup.
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State v. Fennell
578 A.2d 329
N.H. 1990
When the crimes charged are related or are apparent parts of a common scheme or plan, see State v. Whitney, 125 N.H. 636, 639, 484 A.2d 1158, 1160 (1984), and where the evidence is simple and unlikely to confuse a jury, as was the case here, it is improbable that a trial judge would have granted any severance requested.
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Gelinas v. Metropolitan Property & Liability Insurance
551 A.2d 962
N.H. 1988
Upon review of the record, we hold that the trial court’s determination is not lacking in evidential support, and thus we affirm.
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State v. Stearns
547 A.2d 672
N.H. 1988
It is well established that the moving party “has the burden of ‘presenting a record sufficient to allow this court to decide the issue presented on appeal.’” State v. Winders, 127 N.H. 471, 477, 503 A.2d 798, 802 (1985) (quoting Brown v. Cathay Island, Inc., 125 N.H. 112, 115, 480 A.2d 43, 44 (1984)); Sup.
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State v. Guay
543 A.2d 910
N.H. 1988
Biggers, supra at 199-200; Howe, supra at 123, 523 A.2d at 96; State v. Winders, 127 N.H. 471, 475, 503 A.2d 798, 802 (1985); Allard, supra at 213, 459 A.2d at 262.
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State v. Manna
539 A.2d 284
N.H. 1988
In deciding whether there has been an abuse of discretion, the vital question is “whether the defendant’s right to a fair trial was jeopardized by non-severance.” State v. Winders, 127 N.H. 471, 473, 503 A.2d 798, 799 *310 (1985).
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State v. Cote
530 A.2d 775
N.H. 1987
In determining whether consolidation in a given case was proper, we must ask whether the evidence in support of each offense was brief, simple and unlikely to confuse a jury, and easily referable to each crime.