substitute procedural requirement (New Hampshire) · Go Syfert
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substitute procedural requirement in New Hampshire

17 New Hampshire opinions name it 1 courts 1980–2021 1 in the last five years

The cases below were cited by New Hampshire courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Mathews v. Eldridgegreen
scotus · 1976 · cited in 7 New Hampshire opinions naming this issue, 1980–2021
2 sentences

2007Under the Federal Constitution, analyzing a party’s due process claim requires review of three factors: “First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.” Id. at 335 .

1985We consider three factors: “First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.” Mathews v. Eldridge, 424 U.S. at 335 .

57
In re Richard A.green
nh · 2001 · cited in 4 New Hampshire opinions naming this issue, 2001–2007
2 sentences

2007In re Richard A., 146 N.H. 295, 298 (2001) (quotation omitted).

2002In re Richard A., 146 N.H. 295, 298 (2001) (quotation omitted).

44
State v. Vealegreen
nh · 2009 · cited in 3 New Hampshire opinions naming this issue, 2011–2011
2 sentences

2011State v. Veale, 158 N.H. 632, 639 (quotation omitted), cert. denied, 130 S. Ct. 748 (2009).

2011Veale, 158 N.H. at 639 (quotation omitted); Mathews v. Eldridge, 424 U.S. 319, 335 (1976).

33
State v. Lavoiegreen
nh · 2007 · cited in 2 New Hampshire opinions naming this issue, 2009–2013
2 sentences

2013State v. Lavoie, 155 N.H. 477, 483 (2007) (quotation omitted).

2013Lavoie, 155 N.H. at 483 .

22
State v. Landrygreen
nh · 2001 · cited in 1 New Hampshire opinions naming this issue, 2003–2003
1 sentence

2003State v. Landry, 146 N.H. 635, 637 (2001).

11
In re Browngreen
nh · 1985 · cited in 1 New Hampshire opinions naming this issue, 2001–2001
1 sentence

2001In re Brown, 126 N.H. 309, 312 (1985) (quotation omitted).

11
Ake v. Oklahomagreen
scotus · 1985 · cited in 1 New Hampshire opinions naming this issue, 1985–1985
1 sentence

1985See also Ake v. Oklahoma, 105 S. Ct. 1087 (1985).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Appeal of The Portsmouth Trust Co. green
nh · 1980
2 sentences

1985In analyzing what procedures are due in a particular case, we consider the following factors: ‘“First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.’” Appeal of Portsmouth Trust Co., 120 N.H. at 757 , 423 A.2d at 605 (qu

1985In analyzing what procedures are due in a particular case, we consider the following factors: ‘“First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.’” Appeal of Portsmouth Trust Co., 120 N.H. at 757 , 423 A.2d at 605 (qu

21983–1985
State v. Mwangi green
nh · 2011
1 sentence

2021Id. (quotation omitted); see Mathews v. Eldridge, 424 U.S. 319, 335 (1976).

12021–2021
In Re Field green
nh · 1980
2 sentences

1983We performed a similar analysis (although we spoke in response to a sixth amendment argument) when we held that there was no right to have counsel present at an examination “where the examinee is represented by counsel who saw all relevant documents, was given the opportunity to present his own psychiatric testimony and extensively cross-examined the examining psychiatrist’s basis for recommending involuntary admission. .. .” In re Field, 120 N.H. at 210 , 412 A.2d at 1034 .

1983We performed a similar analysis (although we spoke in response to a sixth amendment argument) when we held that there was no right to have counsel present at an examination “where the examinee is represented by counsel who saw all relevant documents, was given the opportunity to present his own psychiatric testimony and extensively cross-examined the examining psychiatrist’s basis for recommending involuntary admission. .. .” In re Field, 120 N.H. at 210 , 412 A.2d at 1034 .

11983–1983

Where else courts name it

CA 104 (1978–2025) IL 83 (1979–2025) TX 68 (1987–2025) WA 66 (1979–2025) CT 52 (1979–2025) NJ 50 (1978–2026) MI 46 (1978–2026) OH 40 (1981–2026) ME 38 (1981–2023) MN 35 (1983–2026) PA 33 (1976–2025) ID 32 (1980–2026) TN 32 (1993–2024) MD 31 (1977–2023) NY 31 (1978–2025) OR 29 (1976–2026) IA 23 (1979–2023) NM 23 (1983–2025) MA 22 (1982–2023) LA 22 (1985–2022) NC 18 (1981–2026) NH 17 (1980–2021) WI 16 (1978–2024) DC 16 (1978–2024) ND 15 (1988–2022) AZ 13 (1983–2025) CO 12 (1977–2022) WV 12 (1978–2002) KS 11 (1988–2024) IN 11 (1980–2020) AK 11 (1983–2024) UT 9 (1995–2014) OK 8 (1996–2018) NE 7 (1990–2021) AR 7 (1987–2012) FL 7 (1986–2024) RI 7 (1990–2015) VA 6 (1992–2025) DE 5 (1989–2019) KY 5 (2005–2024) HI 5 (1996–2023) MO 5 (1986–2019) MT 4 (1984–2016) NV 4 (1987–2021) VT 3 (2015–2021) GA 3 (1986–2008) SD 2 (1986–2011) SC 2 (1996–1998)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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