Cited by

Opinions in New Hampshire that cite State v. Dellorfano, 517 A.2d 1163.

83 citing documents.

  • State v. Cherry 2026 N.H. 22 N.H. 2026
    State v. Oakes, 161 N.H. 270, 285 (2010); State v. Dellorfano, 128 N.H. 628, 632 (1986).
  • State of New Hampshire v. Jonathan Betancourt N.H. 2022
    In terms of questions about his real identity, if that’s asked, he would be taking his Fifth Amendment rights.” We note at the outset that the defendant did not preserve a state constitutional claim because he made no reference at the hearing to the State Constitution.
  • State of New Hampshire v. Richard Racette N.H. 2022
    An error may be harmless beyond a reasonable doubt if: (1) the other evidence of the defendant’s guilt is of an overwhelming nature, quantity, or weight; State v. Dellorfano, 128 N.H. 628, 637 (1986), or (2) the evidence that was improperly admitted or excluded is merely cumulative or inconsequential in relation to the strength of the State’s evidence of guilt, State v. Peters, 162 N.H. 30, 36-38 (2011).
  • K.T. v. M.K. N.H. 2022
    Because the plaintiff does not cite the State Constitution, we limit our analysis to the Federal Constitution.
  • State of New Hampshire v. James Michael Dow N.H. 2022
    Accordingly, we address his argument solely under the federal constitution.
  • In the Matter of Senay Akin and Nedim Suljevic N.H. 2022
    Because Father does not cite the State Constitution, we limit our analysis to the Federal Constitution.
  • State of New Hampshire v. Chris Bonollo N.H. 2021
    After the 1 Because the defendant does not invoke Part I, Article 14 of the State Constitution on appeal, we limit our speedy trial analysis to the Federal Constitution.
  • State of New Hampshire v. Joshua L. Shaw N.H. 2020
    State v. Dellorfano, 128 N.H. 628, 632 (1986) (discussing the requisites of preserving a state constitutional argument for appellate review).
  • State v. Henry Carnevale N.H. 2019
    5 In order to trigger a State constitutional analysis, “the defendant must raise the State constitutional issue below” and “the defendant’s brief must specifically invoke a provision of the State Constitution.” State v. Dellorfano, 128 N.H. 628, 632 (1986).
  • In the Matter of Steven Summers and Christine Summers N.H. 2019
    Mgmt., 151 N.H. 248, 250 (2004); see also State v. Dellorfano, 128 N.H. 628, 632 (1986) (regarding requisites for preserving a state constitutional claim for our review).
  • State v. Michael Hanes 192 A.3d 952 N.H. 2018
    e defendant further contends that “the State cannot convict [him] if his words enjoy constitutional protection under the First Amendment [to the United States Constitution] or under the free speech clause of Part I, Article 22 of the New Hampshire Constitution.” The defendant, however, failed to raise his state constitutional argument in the trial court and thus it is not preserved for our review.
  • State v. Brittany Boggs 191 A.3d 535 N.H. 2018
    To preserve a state constitutional claim for appellate review, a defendant must: (1) raise it in the trial court; and (2) on appeal, specifically invoke a provision of the State Constitution in his or her brief.
  • State v. Felix Ruiz N.H. 2018
    at 406 (observing that the trial court found the defendant’s confession to be voluntary, in part, because of “the absence of threats, violence or coercion of any kind and the absence of promises or undue influence”); see State v. Dellorfano, 128 N.H. 628, 636 (1986).
  • Misty Brisiel v. Jonathan Brisiel N.H. 2017
    2 Assuming, without deciding, that the defendant preserved a state constitutional issue for review, but see State v. Dellorfano, 128 N.H. 628, 632 (1986) (to preserve a state constitutional claim, the defendant must raise it in the trial court and specifically invoke a provision of the State Constitution in his brief); State v. Porter, 144 N.H. 96, 100-01 (1999) (rules of preservation are not relaxed for a self-represented party), we cannot conclude that he
  • State v. Remi Gross-Santos 169 N.H. 593 N.H. 2017
    The defendant challenges the trial court’s probable cause ruling under the Federal Constitution.
  • In the Matter of Robert Kempton and Peggy Kempton 167 N.H. 785 N.H. 2015
    To preserve a state constitutional claim, the respondent had to: (1) raise it in the trial court; and (2) specifically invoke a provision of the State Constitution in her brief.
  • State v. Gribble 66 A.3d 1194 N.H. 2013
    State v. Dellorfano, 128 N.H. 628, 634 (1986) (finding that officer called out defendant’s nickname in the jail cell area in order to elicit an incriminating answer); State v. Beaupre, 123 N.H. 155, 158 (1983) (finding detective’s invitation to the defendant to make a statement constituted custodial interrogation in violation of defendant’s right to c
  • State v. Moussa 53 A.3d 630 N.H. 2012
    We therefore address his claim only under the Sixth Amendment to the Federal Constitution.
  • Premium Research Services v. New Hampshire Department of Labor 34 A.3d 1225 N.H. 2011
    Thus, we decline to review it.
  • In Re Kurowski 20 A.3d 306 N.H. 2011
    We consider her argument under only the United States Constitution because she does not specifically invoke a provision of the New Hampshire Constitution in her brief.
  • NEW HAMPSHIRE HEALTH CARE ASS'N v. Governor 13 A.3d 145 N.H. 2011
    Assuming, without deciding, that the petitioners adequately preserved this claim under both the State and Federal Constitutions, see State v. Dellorfano, 128 N.H. 628, 632, 517 A.2d 1163 (1986); N.H. Dep't of Envtl.
  • State v. Oakes 13 A.3d 293 N.H. 2010
    To preserve a state constitutional claim, the defendant must: (1) raise it in the trial court; and (2) specifically invoke a provision of the State Constitution in his brief.
  • State v. Nightingale 8 A.3d 136 N.H. 2010
    Because the defendant has not cited a specific provision of the State Constitution in her brief, we review her claim under only the Federal Due Process Clause.
  • State v. Hancock 934 A.2d 551 N.H. 2007
    To preserve this issue, the defendant must: (1) raise it in the trial court; and (2) specifically invoke a provision of the State Constitution in his brief.
  • In Re Conner 931 A.2d 1252 N.H. 2007
    We therefore refuse to address these assertions.
  • State v. O'MALEY 932 A.2d 1 N.H. 2007
    Because the defendant has failed to demonstrate that he raised a state constitutional issue in the trial court, we conclude that he has not preserved his State Confrontation Clause argument for appellate review.
  • In Re Peirano 930 A.2d 1165 N.H. 2007
    To trigger a constitutional analysis on appeal, the appealing party must raise the constitutional issue below.
  • In Re Hampers 911 A.2d 14 N.H. 2006
    v. Town of Bethlehem, 150 N.H. 606, 619 (2004); see also State v. Dellorfano, 128 N.H. 628, 682 (1986).
  • WMUR Channel Nine v. NEW HAMPSHIRE DEPARTMENT OF FISH AND GAME 908 A.2d 146 N.H. 2006
    We will not address a party’s State constitutional argument on appeal if the party does not specifically invoke in its brief a provision of the State Constitution.
  • DeBenedetto v. CLD Consulting Engineers, Inc. 903 A.2d 969 N.H. 2006
    An appellant must fulfill two preconditions before triggering a State constitutional analysis: first, the appellant must raise the State constitutional issue in the trial court; second, the appellant’s brief must specifically invoke a provision of the State Constitution.
  • State v. Beauchesne 868 A.2d 972 N.H. 2005
    This means that when a defendant specifically invokes the State Constitution, we will consider those constitutional claims before addressing federal claims.
  • State v. Plch 826 A.2d 534 N.H. 2003
    Thus, in State v. Dellorfano, 128 N.H. 628, 634 (1986), we noted that when a police officer entered the cell block and called out a name known to be the nickname of the perpetrator of a crime, “[i]t is obvious that [the officer] did so in order to prompt an incriminating answer.” We then concluded that the officer “at the very least should have known that he w
  • State v. Fleetwood 824 A.2d 1061 N.H. 2003
    While the facts were similar in State v. Dellorfano, 128 N.H. 628, 630-31, 636-37 (1986), we did not there consider the significance of the absence of a time lapse between the unwarned and the post -Miranda confession.
  • In re Noah W. 813 A.2d 365 N.H. 2002
    We agree with the State that the respondent has not preserved a due process claim under our State Constitution, see State v. Dellorfano, 128 N.H. 628, 632 (1986), but we find that she has sufficiently preserved a federal constitutional claim that she was deprived of her “fundamental right to be a parent.” We do not, however, need to examine whether the respondent’s rights under the Confrontation Clause of the Sixth Amendment of the Federal Constitution or Part I, A
  • In re Jonathan T. 808 A.2d 82 N.H. 2002
    We next consider whether the probate court’s error requires reversal.
  • State v. Gaffney 795 A.2d 243 N.H. 2002
    id.; State v. Dellorfano, 128 N.H. 628, 632 (1986); State v. Westover, 127 N.H. 130, 131 (1985).
  • Town of Nottingham v. Newman 785 A.2d 891 N.H. 2001
    Because the defendant does not invoke Part I, Article 15 of the State Constitution on appeal, we limit our due process analysis to the Federal Constitution.
  • State v. Carter 772 A.2d 326 N.H. 2001
    Because he does not invoke a specific provision of the State Constitution on appeal, we limit our analysis to the Federal Constitution.
  • Appeal of Morgan 742 A.2d 101 N.H. 1999
    Because he did not unambiguously and *47 specifically raise the vagueness issue grounded in the due process provision of the New Hampshire Constitution, we address only his federal claim.
  • State v. Ford 738 A.2d 937 N.H. 1999
    Because we reach the same result on different grounds, however, any error in the trial court’s analysis was harmless.
  • State v. Bennett 737 A.2d 640 N.H. 1999
    State v. Dellorfano, 128 N.H. 628, 632, 517 A.2d 1163, 1166 (1986) (claim limited to Federal Constitution where State Constitution not specifically invoked on appeal).
  • State v. Eno 727 A.2d 981 N.H. 1999
    Before triggering a State constitutional analysis, the defendant must unambiguously and specifically assert the State constitutional foundation for his objection.
  • State v. Monroe 711 A.2d 878 N.H. 1998
    Although a defendant not previously warned must receive a Miranda warning when he is confronted with a custodial interrogation, see, e.g., State v. Dellorfano, 128 N.H. 628, 633, 517 A.2d 1163, 1166 (1986), if he is warned prior to this moment, the Constitution does not mandate that he be warned again when the custodial interrogation actually begins.
  • State v. Graca 708 A.2d 393 N.H. 1998
    For Miranda warnings to apply, we require “a custodial interrogation” by the police.
  • State v. Parker 702 A.2d 306 N.H. 1997
    See, e.g., Belcher v. Paine, 136 N.H. 137, 149, 612 A.2d 1318, 1326 (1992); State v. Dellorfano, 128 N.H. 628, 632, 517 A.2d 1163, 1166 (1986).
  • State v. Aubuchont 679 A.2d 1147 N.H. 1996
    State v. Dellorfano, 128 N.H. 628, 635-37, 517 A.2d 1163, 1168 (1986) (under Federal Constitution, only coerced unwarned statements require suppression of derivative evidence).
  • State v. Steed 665 A.2d 1072 N.H. 1995
    Accordingly, no issue under the State Constitution is properly before us. State v. Dellorfano, 128 N.H. 628, 632, 517 A.2d 1163, 1166 (1986).
  • State v. Panzera 652 A.2d 136 N.H. 1994
    Since the defendant’s notice of appeal makes no reference to any provision of the State Constitution, we consider this issue solely under the Constitution of the United States.
  • State v. Vandebogart 652 A.2d 671 N.H. 1994
    “In determining the gravity of an error, this court asks whether it can be said beyond a reasonable doubt that the inadmissible evidence did not affect the verdict.” State v. Dellorfano, 128 N.H. 628, 637, 517 A.2d 1163, 1169 (1986) (quotation omitted).
  • State v. Martin 643 A.2d 946 N.H. 1994
    We have held, however, that in order to trigger a State constitutional analysis, the defendant must raise the State constitutional issue below and his brief must specifically invoke a provision of the State Constitution.