direct challenge (New Hampshire) · Go Syfert
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direct challenge in New Hampshire

9 New Hampshire opinions name it 2 courts 1852–2007 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.

Followed or applied (13)

CaseFollowedCited
Caparos v. Mortongreen
illappct · 2006 · cited in 1 New Hampshire opinions naming this issue, 2007–2007
1 sentence

2007Caparos v. Morton, 845 N.E.2d 773, 781 (Ill.

11
Barth v. Barthgreen
ind · 1995 · cited in 1 New Hampshire opinions naming this issue, 2005–2005
1 sentence

2005See Barth, 659 N.E.2d at 561 .

11
United States v. Conleygreen
ca1 · 1998 · cited in 1 New Hampshire opinions naming this issue, 2003–2003
1 sentence

2003This is unlike the cases which have held there is no interrogation when the police respond “to a direct inquiry by the defendant.” United States v. Briggs, 273 F.3d 737, 739 (7th Cir. 2001) (where defendant asked what would happen to co-defendant, police officer’s response that “both men would be charged with possession of cocaine” not interrogation); United States v. Conley, 156 F.3d 78, 81, 83 (1st Cir. 1998) (where defendant asked postal inspectors to tell him what evidence they had against him, statements blurted out by defendant during recitation of evidence not the product of interrogati

11
Clifton J. Shedelbower v. Wayne Estellegreen
ca9 · 1989 · cited in 1 New Hampshire opinions naming this issue, 2003–2003
1 sentence

2003In this case, it is correct that “[t]he photographs were not shown in a way that required an affirmative response from the defendant,” cf. Shedelbower v. Estelle, 885 F.2d 570, 573 (9th Cir. 1989), but the test under Innis is not so narrow.

11
United States v. Jean M. Taylorgreen
ca1 · 1993 · cited in 1 New Hampshire opinions naming this issue, 2003–2003
1 sentence

2003This is unlike the cases which have held there is no interrogation when the police respond “to a direct inquiry by the defendant.” United States v. Briggs, 273 F.3d 737, 739 (7th Cir. 2001) (where defendant asked what would happen to co-defendant, police officer’s response that “both men would be charged with possession of cocaine” not interrogation); United States v. Conley, 156 F.3d 78, 81, 83 (1st Cir. 1998) (where defendant asked postal inspectors to tell him what evidence they had against him, statements blurted out by defendant during recitation of evidence not the product of interrogati

11
United States v. Brian E. Bentongreen
ca3 · 1993 · cited in 1 New Hampshire opinions naming this issue, 2003–2003
1 sentence

2003This is unlike the cases which have held there is no interrogation when the police respond “to a direct inquiry by the defendant.” United States v. Briggs, 273 F.3d 737, 739 (7th Cir. 2001) (where defendant asked what would happen to co-defendant, police officer’s response that “both men would be charged with possession of cocaine” not interrogation); United States v. Conley, 156 F.3d 78, 81, 83 (1st Cir. 1998) (where defendant asked postal inspectors to tell him what evidence they had against him, statements blurted out by defendant during recitation of evidence not the product of interrogati

11
United States v. Stacy L. Briggsgreen
ca7 · 2001 · cited in 1 New Hampshire opinions naming this issue, 2003–2003
1 sentence

2003This is unlike the cases which have held there is no interrogation when the police respond “to a direct inquiry by the defendant.” United States v. Briggs, 273 F.3d 737, 739 (7th Cir. 2001) (where defendant asked what would happen to co-defendant, police officer’s response that “both men would be charged with possession of cocaine” not interrogation); United States v. Conley, 156 F.3d 78, 81, 83 (1st Cir. 1998) (where defendant asked postal inspectors to tell him what evidence they had against him, statements blurted out by defendant during recitation of evidence not the product of interrogati

11
Opinion of the Justicesgreen
nh · 1991 · cited in 1 New Hampshire opinions naming this issue, 1999–1999
2 sentences

1999See Opinion of the Justices, 134 N.H. at 274 , 592 A.2d at 184-85 .

1999See Opinion of the Justices, 134 N.H. at 274 , 592 A.2d at 184-85 .

11
Blue Jay Realty Trust v. City of Franklingreen
nh · 1989 · cited in 1 New Hampshire opinions naming this issue, 1993–1993
2 sentences

1993See Blue Jay Realty Trust, 132 N.H. at 513 , 567 A.2d at 195-96 .

1993See Blue Jay Realty Trust, 132 N.H. at 513 , 567 A.2d at 195-96 .

11
Olson v. Town of Litchfieldgreen
nh · 1972 · cited in 1 New Hampshire opinions naming this issue, 1989–1989
2 sentences

1989Olson v. Litchfield, 112 N.H. 261, 262 , 296 A.2d 470, 471 (1972) is authority, albeit more general, for the same proposition, which thus construes the jurisdictional mandate to seek a rehearing from a local legislative body by the same limiting standard applied when a motion for rehearing before a ZBA is claimed to be prerequisite to appeal, see Metzger v. Brentwood, 115 N.H. 287, 290-91 , 343 A.2d 24, 26-27 (1975).

1989Olson v. Litchfield, 112 N.H. 261, 262 , 296 A.2d 470, 471 (1972) is authority, albeit more general, for the same proposition, which thus construes the jurisdictional mandate to seek a rehearing from a local legislative body by the same limiting standard applied when a motion for rehearing before a ZBA is claimed to be prerequisite to appeal, see Metzger v. Brentwood, 115 N.H. 287, 290-91 , 343 A.2d 24, 26-27 (1975).

11
Scott v. Davisgreen
· 1946 · cited in 1 New Hampshire opinions naming this issue, 1989–1989
2 sentences

1989See Scott v. Davis, 94 N.H. 35, 37 , 45 A.2d 654, 655 (1946).

1989See Scott v. Davis, 94 N.H. 35, 37 , 45 A.2d 654, 655 (1946).

11
Bourgeois v. Town of Bedfordgreen
nh · 1980 · cited in 1 New Hampshire opinions naming this issue, 1989–1989
2 sentences

1989Bourgeois v. Town of Bedford, 120 N.H. 145 , 412 A.2d 1021 (1980), for example, held that a failure to move for rehearing was not fatal to a direct challenge to the validity of a zoning amendment turning on the legal efficacy of the presentation of protest petitions under RSA 31:64 (Supp. 1979; repealed, superseded by RSA 675:5). “[W]hen the issue in an appeal involves a question of law rather than a question of the exercise of administrative discretion, administrative remedies need not always be exhausted.” Id. at 149 , 412 A.2d at 1024 (citations omitted).

1989Bourgeois v. Town of Bedford, 120 N.H. 145 , 412 A.2d 1021 (1980), for example, held that a failure to move for rehearing was not fatal to a direct challenge to the validity of a zoning amendment turning on the legal efficacy of the presentation of protest petitions under RSA 31:64 (Supp. 1979; repealed, superseded by RSA 675:5). “[W]hen the issue in an appeal involves a question of law rather than a question of the exercise of administrative discretion, administrative remedies need not always be exhausted.” Id. at 149 , 412 A.2d at 1024 (citations omitted).

11
Metzger v. Town of Brentwoodgreen
nh · 1975 · cited in 1 New Hampshire opinions naming this issue, 1989–1989
2 sentences

1989Olson v. Litchfield, 112 N.H. 261, 262 , 296 A.2d 470, 471 (1972) is authority, albeit more general, for the same proposition, which thus construes the jurisdictional mandate to seek a rehearing from a local legislative body by the same limiting standard applied when a motion for rehearing before a ZBA is claimed to be prerequisite to appeal, see Metzger v. Brentwood, 115 N.H. 287, 290-91 , 343 A.2d 24, 26-27 (1975).

1989Olson v. Litchfield, 112 N.H. 261, 262 , 296 A.2d 470, 471 (1972) is authority, albeit more general, for the same proposition, which thus construes the jurisdictional mandate to seek a rehearing from a local legislative body by the same limiting standard applied when a motion for rehearing before a ZBA is claimed to be prerequisite to appeal, see Metzger v. Brentwood, 115 N.H. 287, 290-91 , 343 A.2d 24, 26-27 (1975).

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 (5)

CaseCitedYears
Durham v. Durham green
nh · 2005
1 sentence

2007Accordingly, we held that “[i]n cases such as this one, where the principles underlying the derivative proceeding are not served, the trial court should have the discretion to allow the plaintiff to pursue a direct claim against the corporate officers.” Id. at 762 .

12007–2007
Appeal of Richards green
nh · 1991
1 sentence

2005Appeal of Richards, 134 N.H. at 155 .

12005–2005
United States v. James William Giannetta green
ca1 · 1990
1 sentence

1996The probation officer’s decision to search was premised on a “reasonable belief” that the defendant was using cocaine, see id. (defining reasonable suspicion as a reasonable belief premised on specific and articulable facts rather than a mere hunch), which is a direct violation of the probation condition that he refrain from possessing or using illegal drugs.

11996–1996
State v. Dushame green
nh · 1992
2 sentences

1995State v. Dushame, 136 N.H. at 315 , 616 A.2d at 472 .

1995State v. Dushame, 136 N.H. at 315 , 616 A.2d at 472 .

11995–1995
Wilson v. George neutral
nhsuperct · 1839
1 sentence

1852Such is the direct doctrine of Wilson v. George, 10 N. H.

11852–1852

Statutes the citing opinions construe

NH § N.H. Rev. Stat. Ann. § 491:22 (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

CA 131 (1925–2025) NY 127 (1836–2026) PA 125 (1895–2025) NC 94 (1904–2025) DE 89 (1959–2026) TX 78 (1872–2026) IL 76 (1900–2026) GA 68 (1894–2026) MO 63 (1914–2023) AL 60 (1918–2025) MI 58 (1874–2026) NJ 55 (1968–2026) LA 49 (1934–2024) OH 41 (1905–2025) WA 39 (1913–2025) FL 37 (1958–2025) WI 37 (1876–2025) IN 32 (1885–2025) OR 31 (1907–2025) AR 31 (1899–2026) MA 31 (1975–2024) IA 28 (1899–2024) TN 27 (1919–2025) UT 26 (1942–2024) CT 24 (1978–2023) AZ 22 (1967–2025) MD 22 (1988–2025) MN 17 (1932–2025) OK 15 (1920–2020) KS 15 (1890–2024) NM 13 (1963–2025) NE 13 (1871–2021) ID 12 (1905–2023) DC 12 (1914–2024) KY 12 (1917–2025) CO 12 (1977–2013) MS 11 (1947–2024) WY 11 (1978–2024) RI 10 (1981–2022) HI 10 (1925–2024) ME 9 (1992–2018) SD 9 (1946–2015) NH 9 (1852–2007) VT 9 (1963–2025) WV 8 (1951–2023) AK 7 (1995–2025) MT 6 (1913–2018) NV 6 (2017–2025) VA 6 (1905–2025) ND 5 (1919–2019) SC 2 (2006–2008)

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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