Cited by
Opinions in New Hampshire that cite State v. Lemieux, 615 A.2d 635.
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State of New Hampshire v. Christopher Viveney
N.H. 2025
State v. Lemieux, 136 N.H. 329, 331 (1992) (concluding that testimony was “merely cumulative” because “even if the testimony at issue had been excluded, the jury would nonetheless have had the witness’s opinion before it”).
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State v. Rouleau
2024 N.H. 2
N.H. 2024
State v. Lemieux, 136 N.H. 329, 331- 32 (1992) (explaining that “the evidence most damaging to the defendant was the victim’s description, in vivid detail, of the various sexual acts that the defendant forced her to perform on a regular basis”); see also State v. Anctil, 134 N.H. 623, 626 (1991) (reasoning that “the testimony that was most damning
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State of New Hampshire v. Ian Boudreau
N.H. 2023
The factors that we have considered in assessing whether an error did not affect the verdict include, but are not limited to: (1) the strength of the State’s case, see State v. Vandebogart, 139 N.H. 145, 158 (1994); (2) whether the admitted or excluded evidence is cumulative or inconsequential in relation to the strength of the State’s case, see State v. Lemieux, 136 N.H. 329, 331-32 (1992); (3) the frequency of the error, see State v. Bujnowski, 130 N.H. 1, 5-6 (1987); (4) the presence or absen
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State v. Guild
44 A.3d 545
N.H. 2012
He was also charged with one count of AFSA, specifically “intentionally touching the [victim’s] genitalia with his hand over her clothing.” Here, as in State v. Gonzalez, 150 N.H. 74, 79 (2003), and State v. Lemieux, 136 N.H. 329, 331-32 (1992), the evidence most damaging to the defendant was the victim’s detailed description of the assaults.
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State v. Pseudae
908 A.2d 809
N.H. 2006
Smith, 141 N.H. at 279; State v. Lemieux, 136 N.H. 329,331 (1992).
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State v. Gonzalez
834 A.2d 354
N.H. 2003
Here, as in State v. Lemieux, 136 N.H. 329, 331-32 (1992), “the evidence most damaging to the defendant was the victim’s description, in vivid detail, of the various sexual acts.” The victim, who was seventeen years old by the time of trial, was able to remember the details of assaults that occurred up to nine years earlier.
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State v. Stott
816 A.2d 1018
N.H. 2003
Nor did he comment upon the ultimate issue of whether the improper touching occurred, thereby making one witness more or less credible than the other.
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State v. Martin
761 A.2d 500
N.H. 2000
Thus, even if the testimony at issue had been excluded, the jury would nonetheless have had the victim’s testimony that she recognized the defendant when he came into her room.
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State v. Hennessey
697 A.2d 930
N.H. 1997
In this case, the probative strength of the alternative evidence presented by the State was considerable.
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State v. Steed
665 A.2d 1072
N.H. 1995
We need not decide whether the court erred because this evidence was merely cumulative and therefore harmless.
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State v. Vandebogart
652 A.2d 671
N.H. 1994
“The evaluation of whether this standard has been achieved involves *158 consideration of the alternative evidence presented at trial,” id., and of the character of the inadmissible evidence itself, see State v. Lemieux, 136 N.H. 329, 331, 615 A.2d 635, 636 (1992).
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State v. Silk
639 A.2d 243
N.H. 1994
While this other evidence is to be considered in a harmless error analysis, see State v. Lemieux, 136 N.H. 329, 331-32, 615 A.2d 635, 636 (1992), “[i]t is not a question whether the evidence, apart from that erroneously admitted, would support a finding of guilt, but whether it can be said beyond a reasonable doubt that the inadmissible evidence did not affect the verdict.” State v. Skidmore, 138 N.H. 201, 203-04, 636 A.2d 6
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State v. Drew
633 A.2d 108
N.H. 1993
State v. Lemieux, 136 N.H. 329, 331, 615 A.2d 635, 636 (1992) (erroneous admission of hearsay harmless where merely cumulative).