Cited by

Opinions in New Hampshire that cite State v. Smart, 622 A.2d 1197.

36 citing documents.

  • Petition of Pamela Smart N.H. 2023
    The petitioner is currently serving a life-without-parole sentence for her conviction as an accomplice to first degree murder.
  • State v. Foad Afshar 196 A.3d 93 N.H. 2018
    The trial court’s determination of the impartiality of the jurors selected, essentially a question of demeanor and credibility, is entitled to special deference.
  • Lionel A. Perreault & a. v. Douglas M. Goumas, M.D. & a. N.H. 2017
    Superior Court Civil Rule 36(d)(3) provides that, “[a]fter a witness has been dismissed from the stand, the witness cannot be recalled without permission of the court.” We review the trial court’s decision not to allow a witness to be recalled under our unsustainable discretion standard.
  • State v. Craig Michael Sanborn 130 A.3d 563 N.H. 2015
    State v. Smart, 136 N.H. 639, 651 (1993) (“[T]he defendant’s satisfaction with [his] jury at the time of selection may be reflected in the fact that [he] did not employ all of the peremptory challenges available to [him], a fact relevant to a claimed lack of an impartial jury.” (citation omitted)).
  • State v. Addison 165 N.H. 381 N.H. 2013
    Part I, Article 17 provides the same level of protection as the Federal Constitution...” Id.; see State v. Smart, 136 N.H. 639, 646 (1993) (change of venue principles are the same under the State and Federal Constitutions).
  • State v. Gribble 66 A.3d 1194 N.H. 2013
    State v. Smart, 136 N.H. 639, 646 (1993); Groppi v. Wisconsin, 400 U.S. 505, 509 (1971); see also N.H. CONST, pt.
  • State v. Addison 8 A.3d 53 N.H. 2010
    primary reliance on the judgment of the trial court makes good sense.” State v. Smart, 136 N.H. 639, 653 (quotation and brackets omitted), cert.
  • State v. Lamy 969 A.2d 451 N.H. 2009
    denied, 498 U.S. 849 (1990); see also State v. Smart, 136 N.H. 639, 658 (“Our system of justice is premised upon the belief that jurors will follow the court’s instructions.”) cert.
  • State v. Jenot 965 A.2d 1086 N.H. 2008
    The affidavit did not say that defense counsel believed that there was a meritorious issue; thus the failure to renew the motion demonstrates defense counsel’s apparent conclusion that he had obtained an impartial jury.
  • Sleeper v. Warden, New Hampshire State Prison 920 A.2d 1200 N.H. 2007
    t, Sleeper’s argument that the trial court erred by not immediately conducting an individual voir dire of each juror would have been raised in such a motion, since the critical issue here was whether the juror’s comments following entry of the verdict raised a colorable claim that the jury had improperly shifted the burden of proof and whether the trial court appropriately investigated the matter.
  • State v. Gordon 815 A.2d 392 N.H. 2002
    State v. Smart, 136 N.H. 639, 650 *719 (1993) (it is presumed that jury follows court’s instructions), cert.
  • In re WMUR Channel 9 813 A.2d 455 N.H. 2002
    Likewise, allowing cameras or other electronic media into a courtroom would not automatically infringe upon a criminal defendant’s right to a fair trial unless that defendant could show either actual or inherent prejudice from the electronic media presence.
  • Kravitz v. Beech Hill Hospital, L.L.C. 808 A.2d 34 N.H. 2002
    It instead instructed the jury that “[t]he race or ethnicity of any person is not before you and is not material to any determinations that you have to make in this matter.” There is no evidence that the trial court’s exercise of discretion cannot be sustained, as *390 “[o]ur system of justice is premised upon the belief that jurors will follow the court’s instructions.” State v. Smart, 136 N.H. 639, 650 (quotations omitted), cert denied, 510 U.S. 917 (1993).
  • State v. Bader 808 A.2d 12 N.H. 2002
    “[O]ur system of justice is premised upon the belief that jurors will follow the court’s instructions.” State v. Smart, 136 N.H. 639, 658, cert.
  • State v. Newman 808 A.2d 7 N.H. 2002
    “Once a defendant has been permitted a threshold level of inquiry, however, the constitutional standard is satisfied, and the judge’s limiting of cross-examination is measured against an [unsustainable exercise of discretion] standard.” State v. Smart, 136 N.H. 639, 667-68 (citation omitted), cert.
  • State v. White 765 A.2d 156 N.H. 2000
    Consequently, we reject the defendant’s argument that the cumulative effect of the prior allegations demonstrated their falsity.
  • State v. Howe 750 A.2d 48 N.H. 2000
    Therefore, the trial court did not abuse its discretion in granting the motion to quash the subpoena.
  • Powell v. Catholic Medical Center 749 A.2d 301 N.H. 2000
    We presume that juries follow their instructions.
  • State v. Young 743 A.2d 1275 N.H. 1999
    Based on the evidence introduced at trial viewed most favorably to the State, see State v. Smart, 136 N.H. 639, 643, 622 A.2d 1197, 1200, cert.
  • State v. Goodale 740 A.2d 1026 N.H. 1999
    *226 Based upon the evidence at trial viewed most favorably to the State, see State v. Smart, 136 N.H. 639, 643, 622 A.2d 1197, 1200, cert.
  • State v. Rideout 725 A.2d 8 N.H. 1999
    See, e.g., State v. Smart, 136 N.H. 639, 658, 622 A.2d 1197, 1204-05, cert.
  • Appeal of Trotzer 719 A.2d 584 N.H. 1998
    Because the petitioner failed to raise this issue again either before or during the evidentiary hearing, it is not preserved for our review.
  • State v. Ellsworth 709 A.2d 768 N.H. 1998
    We do not expect the trial court, in this context, to reopen sua sponte a motion it had previously denied.
  • State v. Summers 702 A.2d 819 N.H. 1997
    As we stated in State v. Smart, 136 N.H. 639, 664, 622 A.2d 1197, 1213, cert.
  • State v. Boetti 699 A.2d 585 N.H. 1997
    While there may be some instances in which curative instructions would be inadequate as a matter of law, cf. State v. Sammataro, 135 N.H. 579, 582, 607 A.2d 135, 136 (1992), we base our review on the familiar presumption that jurors follow the trial court’s instructions.
  • Rodriguez v. Webb 680 A.2d 604 N.H. 1996
    We assume that jurors follow properly crafted instructions.
  • State v. Natalcolon 671 A.2d 556 N.H. 1996
    This argument not having been raised below, it will not be considered on appeal.
  • Glines v. Bruk 664 A.2d 79 N.H. 1995
    Therefore, we will not address it.
  • State v. Colbert 654 A.2d 963 N.H. 1995
    A defendant’s State constitutional right to a jury trial incorporates the right to a jury of twelve, see Hewitt, 128 N.H. at 558, 517 A.2d at 820, and the right to a fair and impartial jury, see State v. Smart, 136 N.H. 639, 646, 622 A.2d 1197, 1202, cert.
  • State v. Naughton 650 A.2d 327 N.H. 1994
    Because his double jeopardy claim was not raised below, we do not consider it, see State v. Smart, 136 N.H. 639, 661, 622 A.2d 1197, 1212, cert.
  • State v. Weir 645 A.2d 56 N.H. 1994
    Because we believe the principles are the same, see State v. Smart, 136 N.H. 639, 646, 622 A.2d 1197, 1202, cert.
  • State v. Decker 641 A.2d 226 N.H. 1994
    We have previously declined to adopt a per se rule under our State Constitution that “once an individual is represented by counsel on the matter on which the State seeks to question [him or] her, no waiver of counsel is valid unless made in the presence of counsel.” State v. Smart, 136 N.H. 639, 664, 622 A.2d 1197, 1213, cert.
  • State v. Stayman 640 A.2d 771 N.H. 1994
    e the trial court did, however, firmly instruct the jury how it should consider the photographs: “[Y]ou must concentrate your efforts and determinations on the questions that are really before you, not the treatment alleged to have been committed by someone else but the treatment alleged to have been committed by this defendant In this vein, we note that juries are presumed to follow instructions.
  • State v. Jaroma 630 A.2d 1173 N.H. 1993
    State v. Smart, 136 N.H. 639, 653, 622 A.2d 1197, 1203 (trial court’s determination of juror impartiality entitled to special deference), cert.
  • State v. Wright 630 A.2d 772 N.H. 1993
    see State v. Smart, 136 N.H. 639, 650, 622 A.2d 1197, 1204 (1993) (our system of justice premised on belief that jurors follow court’s instructions).
  • State v. Burley 627 A.2d 98 N.H. 1993
    We will therefore not consider it here.