justification defense (New Hampshire) · Go Syfert
← New Hampshire issues

justification defense in New Hampshire

10 New Hampshire opinions name it 1 courts 1982–2024 2 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
State v. L'Heureuxgreen
nh · 2004 · cited in 2 New Hampshire opinions naming this issue, 2019–2024
2 sentences

2024RSA 627:1 (2016); see State v. L’Heureux, 150 N.H. 822, 826 (2004).

2019State v. L’Heureux, 150 N.H. 822, 826 (2004).

22
State v. Kiewertgreen
nh · 1992 · cited in 2 New Hampshire opinions naming this issue, 2017–2019
2 sentences

2019“The justification for this exception to the hearsay rule rests upon the assumption that one does not make statements that would damage oneself unless the statement is true.” State v. Kiewert, 135 N.H. 338, 343 (1992) (quotations and brackets omitted). 11 On appeal, the defendant argues the trial court erred in ruling that the statements at issue were against Papillon’s penal interest.

2017“The justification for this exception to the hearsay rule rests upon the assumption that one does not make statements that would damage oneself unless the [statements are] true.” Id. (quotations and brackets omitted).

12
State v. Leafgreen
nh · 1993 · cited in 1 New Hampshire opinions naming this issue, 2022–2022
1 sentence

2022Id.; State v. Leaf, 137 N.H. 97, 99 (1993).

11
State v. Westgreen
nh · 2015 · cited in 1 New Hampshire opinions naming this issue, 2019–2019
1 sentence

2019See RSA 627:8; cf. State v. 2 West, 167 N.H. 465, 470-71 (2017) (ruling that the trial court’s jury instructions correctly explained “the requirement in RSA 627:7 that one using force must reasonably believe the use of force is necessary to prevent or terminate a criminal trespass”).

11
Vs DiCARLO CONSTRUCTION CO., INC. v. Stategreen
mo · 1972 · cited in 1 New Hampshire opinions naming this issue, 2011–2011
1 sentence

2011S. DiCarlo Construction Co., Inc. v. State, 485 S.W.2d 52, 57 (Mo. 1972).

11
United States v. Antonio John Palumbo, IIgreen
ca3 · 1981 · cited in 1 New Hampshire opinions naming this issue, 1992–1992
1 sentence

1992The justification for this exception to the hearsay rule ‘“rests upon the assumption that one does not make statements that would damage [oneself] unless the statement is true.’” United States v. Palumbo, 639 F.2d 123, 127 (3d Cir.) (quoting United States v. Bailey, 581 F.2d 341 , 345-46 & n.4 (3d Cir. 1978)), cert. denied, 454 U.S. 819 (1981).

11
State v. Perrongreen
nh · 1982 · cited in 1 New Hampshire opinions naming this issue, 1982–1982
2 sentences

1982The fact that the jury instruction was given at the close of all the evidence aside, a review of the trial transcript reveals that the defendant himself first raised the issue of intent, see State v. Perron, 122 N.H. 941, 949 , 454 A.2d 422, 426 (1982), when he raised the justification defense of self-defense in his trial for negligent homicide.

1982The fact that the jury instruction was given at the close of all the evidence aside, a review of the trial transcript reveals that the defendant himself first raised the issue of intent, see State v. Perron, 122 N.H. 941, 949 , 454 A.2d 422, 426 (1982), when he raised the justification defense of self-defense in his trial for negligent homicide.

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
State v. O'Brien green
nh · 1989
1 sentence

2004RSA 627:1 (1996); Bernard, 141 N.H. at 234; O’Brien, 132 N.H. at 589 .

12004–2004
United States v. Milton Edward Bailey green
ca3 · 1978
1 sentence

1992The justification for this exception to the hearsay rule ‘“rests upon the assumption that one does not make statements that would damage [oneself] unless the statement is true.’” United States v. Palumbo, 639 F.2d 123, 127 (3d Cir.) (quoting United States v. Bailey, 581 F.2d 341 , 345-46 & n.4 (3d Cir. 1978)), cert. denied, 454 U.S. 819 (1981).

11992–1992
Grote v. United States green
scotus · 1981
1 sentence

1992The justification for this exception to the hearsay rule ‘“rests upon the assumption that one does not make statements that would damage [oneself] unless the statement is true.’” United States v. Palumbo, 639 F.2d 123, 127 (3d Cir.) (quoting United States v. Bailey, 581 F.2d 341 , 345-46 & n.4 (3d Cir. 1978)), cert. denied, 454 U.S. 819 (1981).

11992–1992

Statutes the citing opinions construe

NH § N.H. Rev. Stat. Ann. § 627:1 (4) NH § N.H. Rev. Stat. Ann. § 627:3 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 780 (1925–2026) GA 222 (1978–2026) TX 177 (1958–2026) PA 118 (1979–2026) AZ 86 (1963–2025) CA 73 (1930–2026) IL 57 (1937–2025) IA 49 (1979–2026) AR 33 (1979–2026) OH 32 (1964–2024) NJ 32 (1908–2022) HI 30 (1981–2025) CT 29 (1975–2026) OR 27 (1898–2024) FL 27 (1968–2025) LA 25 (1984–2025) NC 25 (1981–2026) MA 23 (1976–2024) MO 21 (1975–2025) WA 21 (1974–2026) MD 17 (1967–2019) WY 16 (1981–2024) RI 15 (1988–2019) MI 15 (1974–2026) DC 14 (1970–2025) ME 12 (1987–2026) UT 11 (1994–2026) MN 11 (1984–2016) VA 10 (1991–2024) DE 10 (1976–2025) NH 10 (1982–2024) AL 9 (1909–2025) CO 9 (1952–2020) WI 8 (1980–2023) KY 8 (1951–2024) IN 7 (1969–2020) TN 7 (1996–2018) WV 7 (1928–2010) KS 7 (1990–2019) NE 6 (2005–2026) SD 5 (1981–2025) AK 5 (1988–2025) NM 5 (1999–2019) MS 4 (1984–1997) SC 4 (1980–2023) VT 4 (1979–2025) ND 3 (1993–2007) ID 2 (1999–2000) NV 2 (1991–1995)

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.

← Caselaw search · G Cite Topics · Brief Check