Cited by
Opinions in New Hampshire that cite State v. Vandebogart, 652 A.2d 671.
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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. Jason Wilbur
197 A.3d 1125
N.H. 2018
State v. Vandebogart, 139 N.H. 145, 160 (1994) 1When Stevens proposed that the defendant take a lie detector test, the defendant responded that he would not do so until he talked to his lawyer.
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State v. James Bazinet
184 A.3d 448
N.H. 2018
State v. Vandebogart, 139 N.H. 145, 158 (1994) (concluding that the erroneous admission of DNA evidence was harmless because of the overwhelming nature, quantity, and weight of other evidence).
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State of New Hampshire v. Walton Valentin
N.H. 2017
State v. Vandebogart, 139 N.H. 145, 157-58 (1994) (setting forth harmless error standard).
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State v. Jamie F. Letarte
151 A.3d 533
N.H. 2016
.” Defense counsel then argued that the witness’s testimony was admissible pursuant to the Ellsworth exception to Rule 608(b)’s bar to extrinsic evidence because he had submitted “clear proof” that, had the victim actually made the accusation she threatened to make, it “would’ve been false.” Alternatively, defense counsel argued that the testimony was admissible under State v. Vandebogart, 139 N.H. 145, 165-67 (1994), to show that the victim “was lying on the stand.” The trial court ruled that t
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John Farrelly v. City of Concord & A
130 A.3d 548
N.H. 2015
d unconstitutional, by “mak[ing] repeated communications [to his ex-girlfriend] at extremely inconvenient hours or in offensively coarse language with a purpose to annoy or alarm [her].” See RSA 594:13 (“If a lawful cause of arrest exists, the arrest will be lawful even though the officer charged the wrong offense or gave a reason that did not justify the arrest.”); see also State v. Vandebogart, 139 N.H. 145, 163 (1994) (reciting standard for probable cause to arrest).
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State of New Hampshire v. Alex Ducharme
167 N.H. 606
N.H. 2015
In assessing whether an officer had probable cause, we do not view each item of evidence separately, but rather as a whole, and from the arresting officer’s point of view at the time the arrest was made.
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State of New Hampshire v. Bryan Maga
166 N.H. 279
N.H. 2014
“We will not overturn a trial court’s determination of probable cause unless, when the evidence is viewed in the light most favorable to the State, the decision is 7 contrary to the manifest weight of the evidence.” State v. Vandebogart, 139 N.H. 145, 164 (1994).
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State of New Hampshire v. Joshua Sprague
86 A.3d 700
N.H. 2014
In deciding whether the State has met its burden, we consider the strength of the alternative evidence presented at trial.
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State v. Botelho
83 A.3d 814
N.H. 2013
State v. Vandebogart, 139 N.H. 145, 157-58 (1994) (quotations and citations omitted).
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State v. Lantagne
83 A.3d 397
N.H. 2013
The State argues that we review a trial court’s determination of probable cause deferentially, quoting State v. Vandebogart, 139 N.H. 145, 164 (1994), in which we stated that we would not “overturn a trial court’s determination of probable cause unless, when the evidence is viewed in the light most favorable to the State, the decision is contrary to the manifest weight of the evidence.” Because the defendant does not argue for a different standard, we a
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State v. Addison
165 N.H. 381
N.H. 2013
Under New Hampshire law, “[a] prosecutor has great latitude in closing argument to both summarize and discuss the evidence presented to the jury and to urge the jury to draw inferences of guilt from the evidence.” Stowe, 162 N.H. at 473 (quotation omitted); State v. Vandebogart, 139 N.H. 145, 160 (1994); see State v. Merritt, 143 N.H. 714, 720-21 (1999) (applying same standard under Federal Constitution).
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State v. Newcomb
20 A.3d 881
N.H. 2011
Specifically, he asserts that at the time of his arrest there was no probable cause that he “knew he was not allowed to be on the premises.” An officer has probable cause to arrest when he has “sufficient, trustworthy information to warrant a reasonable person to believe that the arrestee has committed a crime.” State v. Vandebogart, 139 N.H. 145, 163 (1994).
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State v. Hearns
855 A.2d 549
N.H. 2004
Rather, the prosecutor was drawing “reasonable inferences from the facts proven, and ha[d] great latitude in closing argument to both summarize and discuss the evidence presented to the jury.” State v. Vandebogart, 139 N.H. 145, 160 (1994).
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State v. Smalley
855 A.2d 401
N.H. 2004
State v. Vandebogart, 139 N.H. 145, 165 (1994) (upholding the trial court’s denial of motion to suppress because inconsistencies between testimony at the suppression hearing and trial were insufficient to find error).
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State v. Wood
836 A.2d 771
N.H. 2003
State v. Boetti, 142 N.H. 255, 260 (1997); State v. Vandebogart, 139 N.H. 145, 160 (1994).
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State v. DiNapoli
823 A.2d 744
N.H. 2003
has great latitude in closing argument to both summarize and discuss the evidence presented to the jury and to urge the jury to draw inferences of guilt from the evidence.” State v. Vandebogart, 139 N.H. 145, 160 (1994) (quotation omitted).
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State v. Whittey
821 A.2d 1086
N.H. 2003
Because we have previously discussed the general theory underlying DNA profiling, see State v. Vandebogart, 139 N.H. 145, 152-54 (1994); Vandebogart (DNA), 136 N.H. at 368-73, we begin our discussion with a brief overview of PCR-based STR DNA testing.
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State v. Dahood
814 A.2d 159
N.H. 2002
Importantly, the Daubert test does not stand for the proposition that scientific knowledge must be absolute or irrefutable.
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State v. Glodgett
813 A.2d 444
N.H. 2002
The State may not ask the jury to base its decision upon evidence not in the record.
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State v. Enderson
804 A.2d 448
N.H. 2002
State v. Vandebogart, 139 N.H. 145, 157-58 (1994) (citations and quotations omitted).
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State v. Cannon
776 A.2d 736
N.H. 2001
Extrinsic evidence is permissible, however, when it directly contradicts a witness’s testimony because such evidence does not attack the witness’s general credibility, but rather the truthfulness of the specific testimony.
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State v. Pelkey
756 A.2d 598
N.H. 2000
State v. Vandebogart, 139 N.H. 145, 157-58, 652 A.2d 671, 679 (1994) (quotations and citations omitted).
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State v. Goodale
740 A.2d 1026
N.H. 1999
Furthermore, because the victim “perjured herself” in testifying that she never told a court that she had a broken back, the defendant argues that the trial court should have admitted the domestic violence petition as extrinsic evidence of her “perjury.” See State v. Vandebogart, 139 N.H. 145, 167, 652 A.2d 671, 685 (1994).
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State v. Cote
725 A.2d 652
N.H. 1999
“A prosecutor may draw reasonable inferences from the facts proven, and has great latitude in closing argument to both summarize and discuss the evidence presented to the jury and to urge the jury to draw inferences of guilt from the evidence.” State v. Vandebogart, 139 N.H. 145, 160, 652 A.2d 671, 680 (1994) (quotation omitted).
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Goss v. State
714 A.2d 225
N.H. 1998
State v. Vandebogart, 139 N.H. 145, 150, 652 A.2d 671, 674 (1994) (detailing Vandebogart’s prior sexual assaults).
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State v. Monroe
711 A.2d 878
N.H. 1998
We determine the effect of an error by assessing “whether it can be said' beyond a reasonable doubt that the inadmissible evidence did not affect the verdict.” State v. Vandebogart, 139 N.H. 145, 157, 652 A.2d 671, 679 (1994) (quotation omitted).
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State v. Williams
708 A.2d 55
N.H. 1998
We consider the alternative evidence presented at trial and the character of the inadmissible evidence itself.
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State v. Parker
702 A.2d 306
N.H. 1997
Accordingly, to constitute reversible error, the prosecutor’s argument must “have caused aggravated circumstances to develop which seriously prejudiced a defendant, causing him reasonably to conclude that continuation of the tainted proceeding would result in his conviction.” State v. Vandebogart, 139 N.H. 145, 160, 652 A.2d 671, 680 (1994) (quotation omitted).
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State v. Thibedau
702 A.2d 299
N.H. 1997
State v. Hennessey, 142 N.H. 149, 158, 697 A.2d 930, 936 (1997); State v. Vandebogart, 139 N.H. 145, 158, 652 A.2d 671, 679 (1994).
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State v. Hennessey
697 A.2d 930
N.H. 1997
State v. Vandebogart, 139 N.H. 145, 157-58, 652 A.2d 671, 679 (1994) (quotations and citations omitted).
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State v. Crosby
697 A.2d 1377
N.H. 1997
“The evaluation of whether this standard has been achieved involves consideration of the alternative evidence presented at trial and of the character of the inadmissible evidence itself.” State v. Vandebogart, 139 N.H. 145, 157-58, 652 A.2d 671, 679 (1994) (quotation and citation omitted).
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State v. Prevost
690 A.2d 1029
N.H. 1997
Therefore, even assuming that the admission of the statement was error, we conclude beyond a reasonable doubt that it was harmless.
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State v. Smith
681 A.2d 1215
N.H. 1996
*279 State v. Vandebogart, 139 N.H. 145, 157-58, 652 A.2d 671, 679 (1994) (citations and quotations omitted).
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Hartgers v. Town of Plaistow
681 A.2d 82
N.H. 1996
The police, however, are expected only to have the same understanding of the circumstances as would a person of reasonable prudence and caution.
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State v. Anderson
679 A.2d 583
N.H. 1996
After consideration of the other evidence at trial and the character of the challenged evidence, we may conclude that an error is harmless when “the alternative evidence of the defendant’s guilt is of an overwhelming nature, quantity, or weight.” State v. Vandebogart, 139 N.H. 145, 158, 652 A.2d 671, 679 (1994) (quotations and citations omitted).
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State v. Marti
672 A.2d 709
N.H. 1996
“The burden is on the State to prove harmless error, and this burden is met only if we can conclude beyond a reasonable doubt that the evidence did not affect the verdict.” State v. Vandebogart, 139 N.H. 145, 158, 652 A.2d 671, 679 (1994) (quotation omitted).
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Goss v. City of Manchester
669 A.2d 785
N.H. 1995
He is currently serving a life sentence for that crime.
- State v. Johnson 905 P.2d 1002 Ariz. Ct. App. 1995