Cited by
Opinions in New Hampshire that cite State v. Decker, 641 A.2d 226.
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State of New Hampshire v. Reilly Leith
N.H. 2018
However, the Rules of Professional Conduct do not create substantive rights on behalf of third parties.
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HSBC Bank USA, National Ass'n v. MacMillan
999 A.2d 226
N.H. 2010
“The New Hampshire Rules of Professional Conduct are aimed at policing the conduct of attorneys, not at creating substantive rights on behalf of third parties.” State v. Decker, 138 N.H. 432, 438 (1994).
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Wyatt’s Case
982 A.2d 396
N.H. 2009
see State v. Decker, 138 N.H. 432, 438 (1994) (noting that Conduct Rules “are aimed at policing the conduct of attorneys, not at creating substantive rights on behalf of third parties”).
- State v. Clark 738 N.W.2d 316 Minn. 2007
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State v. Aubuchont
784 A.2d 1170
N.H. 2001
While the defendant requested that the interrogation be conducted outside of his cell because he was cold, the fact that the cell was cold and uncomfortable did not rise to the level of imposing a “threat of physical violence.” In State v. Decker, where the conditions were far more severe, we did not find that the circumstances of the defendant’s incarceration overcame his free will.
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In re Wesley B.
764 A.2d 888
N.H. 2000
The determination of whether a confession is voluntary “is initially a question of fact for the trial court, whose decision will not be overturned unless it is contrary to the manifest weight of the evidence, as viewed in the light most favorable to the State.” State v. Decker, 138 N.H. 432, 436, 641 A.2d 226, 228 (1994).
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State v. Hammond
742 A.2d 532
N.H. 1999
Whether a confession is voluntary “is initially a question of fact for the trial court, whose decision will not be overturned unless it is *405 contrary to the manifest weight of the evidence, as viewed in the light most favorable to the State.” State v. Decker, 138 N.H. 432, 436, 641 A.2d 226, 228 (1994).
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State v. Monroe
711 A.2d 878
N.H. 1998
“[T]o be considered voluntary, a confession must be the product of an essentially free and unconstrained choice and not extracted by threats, violence, direct or implied promises of any sort, or by the exertion of any improper influence.” State v. Decker, 138 N.H. 432, 436, 641 A.2d 226, 228 (1994).
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Sullivan County Regional Refuse Disposal District v. Town of Acworth
686 A.2d 755
N.H. 1996
Nonetheless, the court, relying upon our decision in State v. Decker, 138 N.H. 432, 641 A.2d 226 (1994), concluded that a violation of the Rules of Professional Conduct can be remedied only through the disciplinary process, except when the violation threatens the procedural fairness of a case.
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State v. Robidoux
662 A.2d 268
N.H. 1995
The facts surrounding the defendant’s confinement are discussed in State v. Decker, 138 N.H. 432, 434-35, 641 A.2d 226, 227-28 (1994).
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In re Burling
651 A.2d 940
N.H. 1994
Attorney conduct rules are “self-imposed internal regulations prescribing the standards of conduct for members of the bar.” State v. Decker, 138 N.H. 432, 439, 641 A.2d 226, 230 (1994) (quotation omitted).
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State v. Panzera
652 A.2d 136
N.H. 1994
Moreover, the decision to forgo the right to counsel must be voluntary.
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State v. Emanuel
649 A.2d 53
N.H. 1994
The rules do not create substantive rights in third parties, but they may be considered in evaluating whether withdrawal should be allowed.