Cited by
Opinions in New Hampshire that cite State v. Field, 571 A.2d 1276.
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State v. Samuel Pennock
168 N.H. 294
N.H. 2015
“Our only function on review is to determine whether a reasonable person could have reached the same decision as the trial court on the basis of the evidence before it.” State v. Field, 132 N.H. 760, 767 (1990) (quotation and brackets omitted).
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State v. Carlson
767 A.2d 421
N.H. 2001
When pursuing a charge for violation of probation, the State must prove “misplaced trust by a preponderance of the evidence.” State v. Field, 132 N.H. 760, 766 (1990) (quotation and ellipses omitted).
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State v. Timmons
756 A.2d 999
N.H. 2000
On appeal, we view the evidence in the light most favorable to the State, State v. Woveris, 138 N.H. 33, 34, 635 A.2d 454, 455 (1993), and uphold the superior court’s findings unless they are unsupported by the evidence, State v. Field, 132 N.H. 760, 766, 571 A.2d 1276, 1280 (1990).
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State v. Nickles
749 A.2d 290
N.H. 2000
We confine our analysis to the State Constitution because the defendant did not rely on the Federal Constitution below, see State v. Field, 132 N.H. 760, 765, 571 A.2d 1276, 1278 (1990), and we rely on federal case law for guidance only, see State v. Paquin, 140 N.H. 525, 527, 668 A.2d 47, 49 (1995).
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In re Estate of Hemon
706 A.2d 673
N.H. 1998
State v. Field, 132 N.H. 760, 764, 571 A.2d 1276, 1278 (1990) *588 (reasoning that even if issue were properly preserved below, defendant waived issue by failing to include it in notice of appeal); Morin v. J.H.
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State v. Daniel
694 A.2d 989
N.H. 1997
We need not decide, however, whether the defendant has waived his federal claim, see State v. Field, 132 N.H. 760, 765, 571 A.2d 1276, 1279 (1990), as “part I, article 19 of the New Hampshire Constitution provides the defendant with at least as much protection as the Federal Constitution in this area.” State v. Johnson, 140 N.H. 573, 575, 669 A.2d 222, 225 (1995).
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State v. Colbert
654 A.2d 963
N.H. 1995
Those claims are therefore waived.
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State v. Christy
639 A.2d 261
N.H. 1994
Because the defendant does not claim that the search incident to his arrest was illegal even if there was a valid arrest, we do not address that issue.
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State v. Fowlie
636 A.2d 1037
N.H. 1994
Probation violation, however, is not a criminal offense, and revocation requires only a finding, by a preponderance of the evidence, of misplaced trust.
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State v. Woveris
635 A.2d 454
N.H. 1993
Further, in order to prevail, the defendant must show that the evidence, viewed in the light most favorable to the State, fails to support the decision.
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State v. Smart
622 A.2d 1197
N.H. 1993
Moreover, the only ground raised below not having been briefed, it is deemed waived.
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Appeal of Atlantic Connections, Ltd.
608 A.2d 861
N.H. 1992
Thus, *515 we need not consider the Federal Constitution on appeal.
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State v. Mansfield
592 A.2d 512
N.H. 1991
defendant’s notice of appeal or in his brief.