Cited by
Opinions in New Hampshire that cite State v. Newcomb, 663 A.2d 613.
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State of New Hampshire v. William Nye
N.H. 2020
By contrast, circumstantial evidence indirectly proves the fact for which it is offered and requires the factfinder to draw an inference.
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State v. Jonathan L. Woodbury
N.H. 2019
Here, the only evidence to support the mens rea elements of the crime was circumstantial.
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State v. William Edic
169 N.H. 580
N.H. 2017
to produce all proofs favorable to his defense.” State v. Newcomb, 140 N.H. 72, 79 (1995); see Pennsylvania v. Ritchie, 480 U.S. 39, 56 (1987) (explaining that, as part of the specific rights secured by the Sixth Amendment, “criminal defendants have the right to the government’s assistance in compelling the attendance of favorable witnesses at trial and the right to put before a jury evidence th
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State v. Christopher Gay
145 A.3d 1066
N.H. 2016
I, art. 15; see also State v. Newcomb, 140 N.H. 72, 79 (1995).
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State v. Noucas
70 A.3d 476
N.H. 2013
State v. Newcomb, 140 N.H. 72, 80 (1995) (direct evidence includes “the testimony of a person who claims to have personal knowledge of facts about the crime charged” (quotation omitted)).
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State v. Gibbs
58 A.3d 656
N.H. 2012
Ruggiero, 163 N.H. at 138; see also State v. Newcomb, 140 N.H. 72 (1995) (stating that defendant’s admission to witnesses was direct evidence).
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State v. Kelley
986 A.2d 620
N.H. 2009
In New Hampshire, direct evidence has been defined to include “the testimony of a person who claims to have personal knowledge of facts about the crime charged such as an eyewitness.” State v. Newcomb, 140 N.H. 72, 80 (1995) (quotation omitted).
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State v. Ericson
986 A.2d 488
N.H. 2009
State v. Newcomb, 140 N.H. 72, 80-81 (1995) (defining direct and circumstantial evidence).
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State v. Chapman
829 A.2d 1083
N.H. 2003
Circumstantial evidence, to be sufficient to convict, must exclude all rational conclusions other than the guilt of the defendant in a case where there is only circumstantial evidence to support the conviction.
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State v. D'Amelio
808 A.2d 91
N.H. 2002
State v. Hamel, 123 N.H. 670 (1983); see also State v. Newcomb, 140 N.H. 72 (1995); State v. Farrow, 118 N.H. 296 (1978).
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Town of Nottingham v. Bonser
777 A.2d 851
N.H. 2001
Because the New Hampshire Constitution is at least as protective as the Federal Constitution in this area, we need not make a separate federal analysis.
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State v. Donnelly
765 A.2d 680
N.H. 2000
Because the New Hampshire Constitution is at least as protective as the Federal Constitution in this area, we *566 need not make a separate federal analysis.
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State v. Therrien
744 A.2d 85
N.H. 1999
Hudon v. City of Manchester, 141 N.H. 420, 422, 686 A.2d 306, 307 (1996) (agreement by plaintiffs that claims against two defendants could be dismissed waives plaintiffs’ ability to attack court’s order granting motion to dismiss); State v. Newcomb, 140 N.H. 72, 81-82, 663 A.2d 613, 619 (1995) (issue not preserved where defendant withdrew request for relief from counsel’s ineffectiveness depriving court of the opportunity to rule).
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State v. Graf
726 A.2d 1270
N.H. 1999
“The New Hampshire Constitution is at least as protective as the Federal Constitution in this area, and we therefore decide this case under the State Constitution, employing federal cases to aid in our analysis.” State v. Newcomb, 140 N.H. 72, 78, 663 A.2d 613, 617 (1995).
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State v. Alexander
723 A.2d 22
N.H. 1998
Where the State presents only circumstantial evidence to prove guilt, such evidence must exclude all rational conclusions other than guilt to be sufficient to convict.
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State v. Duguay
698 A.2d 5
N.H. 1997
When the evidence presented to prove an element of the offense is solely circumstantial, that evidence “must exclude all rational conclusions except guilt.” State v. Laudarowicz, 142 N.H. 1, 5, 694 A.2d 980, 983 (1997) (quotation omitted); see State v. Newcomb, 140 N.H. 72, 80-81, 663 A.2d 613, 619 (1995).
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Bragg v. Director, New Hampshire Division of Motor Vehicles
690 A.2d 571
N.H. 1997
We therefore decline to undertake a separate federal analysis.
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Opinion of the Justices
688 A.2d 1006
N.H. 1997
Compare State v. Kirsch, 139 N.H. 647, 653, 662 A.2d 937, 942 (1995) (sexual assault) with State v. Newcomb, 140 N.H. 72, 74, *576 663 A.2d 613, 615 (1995) (murder) and State v. Richardson, 138 N.H. 162, 165, 635 A.2d 1361, 1364 (1993) (simple assault, theft, criminal threatening).
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State v. Frost
686 A.2d 1172
N.H. 1996
at 49, 648 A.2d at 481; State v. Newcomb, 140 N.H. 72, 76, 663 A.2d 613, 616 (1995).
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State v. Seymour
673 A.2d 786
N.H. 1996
A defendant has no absolute right to produce evidence that is not relevant to the issues being tried, id.; the right to produce favorable proofs does not entitle a defendant to introduce evidence in violation of the rules of evidence.
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State v. Giles
672 A.2d 1128
N.H. 1996
In reviewing the sufficiency of the circumstantial evidence presented to the jury, we must decide whether the evidence was “sufficient to allow the jury to exclude all rational conclusions other than the defendant’s guilt.” State v. McCue, 134 N.H. 94, 104, 589 A.2d 580, 586 (1991); see also State v. Newcomb, 140 N.H. 72, 80, 663 A.2d 613, 619 (1995).