16 New Hampshire opinions name it 1 courts 1975–2013 0 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.
| Case | Followed | Cited |
|---|---|---|
State v. Busheygreen2 sentences2002“The requirement of a knowing and intelligent waiver implies a rational choice based upon some appreciation of the consequences of the decision.” State v. Bushey, 122 N.H. 995, 999 (1982). 1985Under New Hampshire law, “[t]he requirement of a knowing and intelligent waiver implies a rational choice based upon some appreciation of the consequences of the decision.” State v. Bushey, 122 N.H. 995, 999 , 453 A.2d 1265, 1267 (1982). | 2 | 2 |
Boykin v. Alabamagreen2 sentences1990The court reserved, however, the question of “whether a failure to take an appeal would constitute a knowing and intelligent waiver of the right to trial by jury.” Id. at 622 n.l (citing Boykin v. Alabama, 395 U.S. 238, 243 (1969)). 1975Boykin v. Alabama, 395 U.S. 238 (1969), which requires a knowing and intelligent waiver of rights before acceptance of a guilty plea, is a well settled part of the law of this State. | 1 | 3 |
State v. Gosselingreen2 sentences1978“If it were evident from the record, or if defendant had presented evidence which placed in dispute the question of whether he had been represented by counsel, the burden would have then been upon the State to prove representation by counsel or a knowing and intelligent waiver of that right.” State v. Gosselin, 117 N.H. at 121, 370 A.2d at 269 . 1978“If it were evident from the record, or if defendant had presented evidence which placed in dispute the question of whether he had been represented by counsel, the burden would have then been upon the State to prove representation by counsel or a knowing and intelligent waiver of that right.” State v. Gosselin, 117 N.H. at 121, 370 A.2d at 269 . | 1 | 2 |
North Carolina v. Butlerred2 sentences1985State v. Noel, 119 N.H. 522, 526 , 404 A.2d 290, 292 (1979); North Carolina v. Butler, 441 U.S. 369, 373 (1979). 1983The State therefore, even under North Carolina v. Butler, 441 U.S. 369 (1979), bears a heavy burden to show a knowing and intelligent waiver. | 1 | 2 |
United States v. Darrell Jonesgreen1 sentence2010See United States, v. Jones, 381 F.3d 615, 619 (7th Cir. 2004). | 1 | 1 |
State v. Brodeurgreen2 sentences1990See State v. Brodeur, 126 N.H. 411, 416-17 , 493 A.2d 1134, 1138 (1985). 1990See State v. Brodeur, 126 N.H. 411, 416-17 , 493 A.2d 1134, 1138 (1985). | 1 | 1 |
State v. Noelgreen2 sentences1985State v. Noel, 119 N.H. 522, 526 , 404 A.2d 290, 292 (1979); North Carolina v. Butler, 441 U.S. 369, 373 (1979). 1985State v. Noel, 119 N.H. 522, 526 , 404 A.2d 290, 292 (1979); North Carolina v. Butler, 441 U.S. 369, 373 (1979). | 1 | 1 |
State v. Phinneygreen2 sentences1985In State v. Phinney, 117 N.H. 145, 147 , 370 A.2d 1153, 1154 (1977), this court reaffirmed the unique evidentiary nature of a confession. 1985In State v. Phinney, 117 N.H. 145, 147 , 370 A.2d 1153, 1154 (1977), this court reaffirmed the unique evidentiary nature of a confession. | 1 | 1 |
Tague v. Louisianagreen1 sentence1983See Tague v. Louisiana, 444 U.S. 469 (1980) (waiver not shown). | 1 | 1 |
Marvin Joe Cooper and Archie Kerry Cooper v. Carl Griffin, Sheriff, Chatham County and Luke Sims, Jailer, Chatham County Jail, Chatham County, Georgiagreen1 sentence1982Cooper v. Griffin, 455 F.2d 1142, 1146 (5th Cir. 1972); see State v. Holderness, 301 N.W.2d 733, 739 (Iowa 1981); State v. Thompson, 287 N.C. 303, 318 , 214 S.E.2d 742, 752 (1975), modified on other grounds, 428 U.S. 908 (1976). | 1 | 1 |
State v. Thompsongreen2 sentences1982Cooper v. Griffin, 455 F.2d 1142, 1146 (5th Cir. 1972); see State v. Holderness, 301 N.W.2d 733, 739 (Iowa 1981); State v. Thompson, 287 N.C. 303, 318 , 214 S.E.2d 742, 752 (1975), modified on other grounds, 428 U.S. 908 (1976). 1982Cooper v. Griffin, 455 F.2d 1142, 1146 (5th Cir. 1972); see State v. Holderness, 301 N.W.2d 733, 739 (Iowa 1981); State v. Thompson, 287 N.C. 303, 318 , 214 S.E.2d 742, 752 (1975), modified on other grounds, 428 U.S. 908 (1976). | 1 | 1 |
State v. Holdernessgreen1 sentence1982Cooper v. Griffin, 455 F.2d 1142, 1146 (5th Cir. 1972); see State v. Holderness, 301 N.W.2d 733, 739 (Iowa 1981); State v. Thompson, 287 N.C. 303, 318 , 214 S.E.2d 742, 752 (1975), modified on other grounds, 428 U.S. 908 (1976). | 1 | 1 |
United States v. James Arthur Charlton, Franklin N. Jacek, A/K/A Frank Royce, James Francis Swartzgreen1 sentence1979Id.; see United States v. Charlton, 565 F.2d 86 (6th Cir. 1977), cert. denied. 434 U.S. 1070 (1978). | 1 | 1 |
Harris v. Fireman's Fund American Life Insurance Co.green1 sentence1979Id.; see United States v. Charlton, 565 F.2d 86 (6th Cir. 1977), cert. denied. 434 U.S. 1070 (1978). | 1 | 1 |
State v. Cloughgreen2 sentences1975State v. Herbert, 108 *365 N.H. 332, 235 A.2d 524 (1967); State v. Manoly, 110 N.H. 434 , 270 A.2d 611 (1970); see State v. Clough, 115 N.H. 7 , 332 A.2d 386 (1975). 1975State v. Herbert, 108 *365 N.H. 332, 235 A.2d 524 (1967); State v. Manoly, 110 N.H. 434 , 270 A.2d 611 (1970); see State v. Clough, 115 N.H. 7 , 332 A.2d 386 (1975). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Herbert
green
2 sentences1977Boykin v. Alabama, 395 U.S. 238 (1969); State v. Maxwell, 115 N.H. 363 , 341 A.2d 766 (1975); State v. Herbert, 108 N.H. 332 , 235 A.2d 524 (1967). 1977Boykin v. Alabama, 395 U.S. 238 (1969); State v. Maxwell, 115 N.H. 363 , 341 A.2d 766 (1975); State v. Herbert, 108 N.H. 332 , 235 A.2d 524 (1967). | 2 | 1975–1977 |
State v. Manoly
green
2 sentences1975State v. Herbert, 108 *365 N.H. 332, 235 A.2d 524 (1967); State v. Manoly, 110 N.H. 434 , 270 A.2d 611 (1970); see State v. Clough, 115 N.H. 7 , 332 A.2d 386 (1975). 1975State v. Herbert, 108 *365 N.H. 332, 235 A.2d 524 (1967); State v. Manoly, 110 N.H. 434 , 270 A.2d 611 (1970); see State v. Clough, 115 N.H. 7 , 332 A.2d 386 (1975). | 2 | 1975–1975 |
Preston v. Seay
green
1 sentence2013He argued, therefore, that the Commonwealth failed to show “that he made a knowing and intelligent waiver of jury trial.” Id. | 1 | 2013–2013 |
Ludwig v. Massachusetts
green
1 sentence1990The court reserved, however, the question of “whether a failure to take an appeal would constitute a knowing and intelligent waiver of the right to trial by jury.” Id. at 622 n.l (citing Boykin v. Alabama, 395 U.S. 238, 243 (1969)). | 1 | 1990–1990 |
Meeks v. Havener
green
1 sentence1982Cooper v. Griffin, 455 F.2d 1142, 1146 (5th Cir. 1972); see State v. Holderness, 301 N.W.2d 733, 739 (Iowa 1981); State v. Thompson, 287 N.C. 303, 318 , 214 S.E.2d 742, 752 (1975), modified on other grounds, 428 U.S. 908 (1976). | 1 | 1982–1982 |
People v. Grant
green
2 sentences1979Although Miranda’s language would seem to impose an absolute bar to any further communication between the police and the suspect until the suspect talks with an attorney, and has been so construed by some courts, see People v. Grant, 45 N.Y.2d 366 ,375 n.l, 380 N.E.2d 257 , 262 n.l, 408 N.Y.S.2d 429 , 434 n.l (1978), and cases collected therein, other courts have allowed continued interrogation under circumstances showing a knowing and intelligent waiver. 1979Although Miranda’s language would seem to impose an absolute bar to any further communication between the police and the suspect until the suspect talks with an attorney, and has been so construed by some courts, see People v. Grant, 45 N.Y.2d 366 ,375 n.l, 380 N.E.2d 257 , 262 n.l, 408 N.Y.S.2d 429 , 434 n.l (1978), and cases collected therein, other courts have allowed continued interrogation under circumstances showing a knowing and intelligent waiver. | 1 | 1979–1979 |
State v. Maxwell
green
2 sentences1977Boykin v. Alabama, 395 U.S. 238 (1969); State v. Maxwell, 115 N.H. 363 , 341 A.2d 766 (1975); State v. Herbert, 108 N.H. 332 , 235 A.2d 524 (1967). 1977Boykin v. Alabama, 395 U.S. 238 (1969); State v. Maxwell, 115 N.H. 363 , 341 A.2d 766 (1975); State v. Herbert, 108 N.H. 332 , 235 A.2d 524 (1967). | 1 | 1977–1977 |
Berry v. City of Cincinnati
green
1 sentence1975(Emphasis added.) In Berry v. Cincinnati, 414 U.S. 29 (1973), the constitutional rule enunciated in Argersinger was held to apply to those convicted before the Argersinger decision who faced incarceration. | 1 | 1975–1975 |
Argersinger v. Hamlin
green
1 sentence1975In Argersinger , the Supreme Court held that “absent a knowing and intelligent waiver, no person may be imprisoned for an offense, whether classified as petty, misdemeanor, or felony unless he was represented by counsel at his trial.” Id. at 37 . | 1 | 1975–1975 |
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.