Cited by
Opinions in New Hampshire that cite State v. Seymour, 673 A.2d 786.
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State of New Hampshire v. Wilfred Bergeron
N.H. 2016
The court concluded that the defendant’s testimony was “not credible.” By contrast, the court found the detectives’ testimony to be “much more consistent, cohesive, and credible.” “We will not overturn the credibility ruling of the factfinder, who is in the best position to make such a determination.” State v. Seymour, 140 N.H. 736, 748 (1996) (quotation omitted).
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State v. Brooks
164 N.H. 272
N.H. 2012
n live testimony, in violation of his rights under the State and Federal Constitutions; (2) permitting an FBI agent to testify that the defendant’s account may have been untruthful; (3) permitting the State to introduce a new opinion from the medical examiner during the trial; (4) failing to instruct the jury that it must determine the “predominating cause” of death, pursuant to State v. Seymour, 140 N.H. 736 (1996); (5) failing to instruct the jury that the solicitation variant of capital murde
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State v. Marshall
34 A.3d 540
N.H. 2011
“the law of causation — i.e., the rules that define when a defendant’s conduct will be deemed to have ‘caused’ a particular result for purposes of the criminal law — applies to all offenses that require proof of causation, from first-degree murder down to the most minor misdemeanor.” Rogers v. State, 232 P.3d 1226, 1235 (Alaska Ct. App. 2010); see also Lamprey, 149 N.H. at 366; State v. Seymour, 140 N.H. 736, 746 (1996); State v. Soucy, 139 N.H. 349, 353 (1995) (“Causation is an element of the c
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State v. Hutchinson
20 A.3d 972
N.H. 2011
We analyzed the instructions in light of our previous holding in State v. Seymour, 140 N.H. 736, 746 (1996), that “a legal cause is the cause without which the event would not have occurred, and the predominating cause, a substantial factor from which the event follows as a natural, direct and immediate consequence.” Lamprey, 149 N.H. at 367.
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State v. Winward
20 A.3d 338
N.H. 2011
Accordingly, to the extent the jury had any question about the defendant’s mere presence at the scene, the court’s instruction adequately conveyed the jury’s obligation to acquit if the State did not prove some active participation by the defendant.
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State v. Zwicker
855 A.2d 415
N.H. 2004
that the Defendant possessed the material with the intent to sell or give it to somebody.” ‘We evaluate a claim that the trial court refused to answer a jury question in language requested by the defendant in the context of the entire charge and all of the evidence.” State v. Seymour, 140 N.H. 736, 746, *190 cert.
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State v. Poole
837 A.2d 307
N.H. 2003
See, e.g., State v. Seymour, 140 N.H. 736, 739, 749, cert.
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State v. Lamprey
821 A.2d 1080
N.H. 2003
First, she argues that the language provided by the trial court failed to instruct the jury on legal causation in accordance with State v. Seymour, 140 N.H. 736, 746, cert.
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State v. Ramos
821 A.2d 979
N.H. 2003
Whether an instruction is necessary in a particular case, however, is an issue reserved to the trial court’s sound discretion.
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State v. Cook
813 A.2d 480
N.H. 2002
law under the New Hampshire Constitution because the jury charge, as given, unfairly emphasized J.K’s testimony and implied “that a lesser burden applied to [J.K.’s] testimony than to Ms. Cook’s.” “A *742 jury must be instructed adequately and accurately on the relevant law, and whether or not a particular instruction is necessary is left to the trial court’s sound discretion.” State v. Seymour, 140 N.H. 736, 744, cert.
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State v. Roy
814 A.2d 169
N.H. 2002
*664 To successfully assert a claim for ineffective assistance of counsel, a defendant must first show that counsel’s representation was constitutionally deficient and, second, that counsel’s deficient performance actually prejudiced the outcome of the case.
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State v. Mitchell
808 A.2d 62
N.H. 2002
A defendant has no constitutional right to present irrelevant evidence, see Opinion of the Justices (Certain Evidence in Sexual Assault Cases), 140 N.H. 22, 24-25 (1995), and no right under Part I, Article 15 of the State Constitution to introduce evidence that will have little effect other than to confuse the issues or confound the jury, for such evidence is not competent, favorable proof.
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State v. Doucette
776 A.2d 744
N.H. 2001
We evaluate a claim that the trial court refused to answer a jury question in the language requested by the defendant in the context of the entire charge and all of the evidence.
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State v. White
765 A.2d 156
N.H. 2000
We will first address the defendant’s claim under the State Constitution, see State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), and will engage in a separate federal analysis only if federal law is more favorable.
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State v. Croft
749 A.2d 1284
N.H. 2000
To successfully assert a claim for ineffective assistance of counsel, a defendant must show that counsel’s representation was constitutionally deficient and actually prejudiced the outcome of the case.
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State v. Bennett
737 A.2d 640
N.H. 1999
The trial court did not abuse its discretion in allowing the State to present evidence of the degree of force used by the defendant to prove that he acted recklessly.
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State v. Gonzalez
738 A.2d 1247
N.H. 1999
that the deficient performance resulted in actual prejudice such that there is a reasonable probability of a different outcome absent counsel’s deficient performance.
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Fischer v. Hooper
732 A.2d 396
N.H. 1999
State v. Seymour, 140 N.H. 736, 740-41, 673 A.2d 786, 790-91, cert.denied, 117 S. Ct. 146 -47 (1996).
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State v. Cote
725 A.2d 652
N.H. 1999
VI, XIV Because the Federal Constitution provides no greater protection than the State counterpart in this area, see State v. Weber, 137 N.H. 193, 196-97, 624 A.2d 967, 969 (1993), we do not engage in a separate federal analysis, see.State v. Seymour, 140 N.H. 736, 742, 673 A.2d 786, 791, cert.
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State v. Dewitt
719 A.2d 570
N.H. 1998
ective assistance of counsel, the defendant must show deficient performance by trial counsel, in that counsel made such egregious errors that [he or she] failed to function as the counsel [that the State Constitution guarantees], and that the deficient performance resulted in actual prejudice such that there is a reasonable probability of a different outcome absent counsel’s deficient performance.
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State v. Ellsworth
709 A.2d 768
N.H. 1998
We first address the defendant’s claim under the State Constitution, see State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), and will engage in a separate federal analysis only if federal law is more favorable to the defendant, cf. State v. Seymour, 140 N.H. 736, 742, 673 A.2d 786, 791, cert.
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Meaney v. Rubega
703 A.2d 1384
N.H. 1997
“A jury must be instructed adequately and accurately on the relevant law, and whether or not a particular instruction is necessary is left to the trial court’s sound discretion.” State v. Seymour, 140 N.H. 736, 744, 673 A.2d 786, 793 (1996).
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State v. Hennessey
697 A.2d 930
N.H. 1997
Although the challenged evidence was undoubtedly prejudicial, as is all incriminating evidence, we cannot say that its prejudicial effect substantially outweighed its probative value.
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State v. Winn
694 A.2d 537
N.H. 1997
We analyze the defendant’s due process claim under our State Constitution, State v. Seymour, 140 N.H. 736, 742, 673 A.2d 786, 791, cert.
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State v. Prevost
690 A.2d 1029
N.H. 1997
“We decide this issue under the State Constitution, which provides at least as much protection as its federal counterpart.” State v. Seymour, 140 N.H. 736, 747, 673 A.2d 786, 794, cert.
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State v. Fitanides
683 A.2d 534
N.H. 1996
We review the trial court’s answer to a jury inquiry in the context of the court’s entire charge, see State v. Seymour, 140 N.H. 736, 746, 673 A.2d 786, 794, cert.
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State v. Castine
681 A.2d 653
N.H. 1996
Therefore, because the probative value of this evidence was not substantially outweighed by its potentially prejudicial nature, cf. State v. Seymour, 140 N.H. 736, 743, 673 A.2d 786, 793 (1996) (gruesome color photographs and videotape of murder crime scene were prejudicial, but nonetheless probative value was not substantially outweighed by the prejudice), we cannot say that the trial court abused its discretion in admitting this evidence.