New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 606:10 (2026)
Appeals by the State
✓ current as of May 2026
Find cases:
SyfertCases citing this section
NH-GCgc.nh.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
606:10 Appeals by the State. –
I. As used in this section, "order" shall mean any decision by a court on a question of law including, but not limited to, any order, ruling, decision or judgment.
II. An appeal may be taken by the state in criminal cases on questions of law from the district or municipal courts or from the superior court to the supreme court from:
(a) An order of the court prior to trial which suppresses any evidence including, but not limited to, physical or identification evidence or evidence of a confession or admission;
(b) An order prior to trial which prevents the state from obtaining evidence;
(c) A pretrial dismissal of an indictment, information or complaint; or
(d) Any other order of the court prior to trial if, either because of the nature of the order in question or because of the particular circumstances of the case, there is a reasonable likelihood that such order will cause either serious impairment to or termination of the prosecution of any case.
III. An appeal may be taken by the state from the superior court or the district or municipal courts to the supreme court, after trial and after a finding of guilty by a jury or the court, from:
(a) The granting of a motion for a new trial;
(b) Dismissal; or
(c) Any other order requiring a new trial or resulting in termination of the prosecution in favor of the accused if an appeal of such order would be permitted by the double jeopardy provisions of the constitutions of the United States and New Hampshire.
IV. An appeal taken pursuant to paragraph II shall be taken before the defendant has been placed in jeopardy.
V. No appeal may be taken pursuant to this section unless the attorney general approves such appeal. Written approval of the attorney general shall be filed:
(a) At the time the notice of the appeal is filed; or
(b) Within 5 business days, if the attorney for the state filing the notice of appeal states in such notice that the attorney general has orally given his approval.
VI. The provisions of this section shall be liberally construed to effectuate its purpose of insuring that the state is able to proceed to trial with all of the evidence which it is legally entitled to introduce, in view of the limited ability of the state to have error reviewed after trial.
VII. The supreme court may adopt rules implementing the provisions of this section.
I. As used in this section, "order" shall mean any decision by a court on a question of law including, but not limited to, any order, ruling, decision or judgment.
II. An appeal may be taken by the state in criminal cases on questions of law from the district or municipal courts or from the superior court to the supreme court from:
(a) An order of the court prior to trial which suppresses any evidence including, but not limited to, physical or identification evidence or evidence of a confession or admission;
(b) An order prior to trial which prevents the state from obtaining evidence;
(c) A pretrial dismissal of an indictment, information or complaint; or
(d) Any other order of the court prior to trial if, either because of the nature of the order in question or because of the particular circumstances of the case, there is a reasonable likelihood that such order will cause either serious impairment to or termination of the prosecution of any case.
III. An appeal may be taken by the state from the superior court or the district or municipal courts to the supreme court, after trial and after a finding of guilty by a jury or the court, from:
(a) The granting of a motion for a new trial;
(b) Dismissal; or
(c) Any other order requiring a new trial or resulting in termination of the prosecution in favor of the accused if an appeal of such order would be permitted by the double jeopardy provisions of the constitutions of the United States and New Hampshire.
IV. An appeal taken pursuant to paragraph II shall be taken before the defendant has been placed in jeopardy.
V. No appeal may be taken pursuant to this section unless the attorney general approves such appeal. Written approval of the attorney general shall be filed:
(a) At the time the notice of the appeal is filed; or
(b) Within 5 business days, if the attorney for the state filing the notice of appeal states in such notice that the attorney general has orally given his approval.
VI. The provisions of this section shall be liberally construed to effectuate its purpose of insuring that the state is able to proceed to trial with all of the evidence which it is legally entitled to introduce, in view of the limited ability of the state to have error reviewed after trial.
VII. The supreme court may adopt rules implementing the provisions of this section.
Source. 1985, 32:1, eff. Jan. 1, 1986.
Notes of Decisions
Cited in 45
cases (6 in the last 5 years), 1987–2023 · leading case: State v. Fischer, 876 A.2d 232 (N.H. 2005).
State v. Fischer, 876 A.2d 232 (N.H. 2005). “Appeals by the State in criminal cases are normally governed by RSA 606:10 (2001). In the present case, however, RSA 606:10 does not provide the State with any recourse.”
v. Thompson, 2021 CO 15. “, N.H. Rev. Stat. Ann. § 606:10 (II)(a), (V) (2020) (prosecution may appeal any suppression order so long as the attorney general approves of the appeal); N.”
State v. Dukette, 761 A.2d 442 (N.H. 2000). “) to file this interlocutory appeal pursuant to RSA 606:10 (1986). On appeal, the State challenges the trial court’s decision (1) to allow the defendant to introduce specific instances of the alleged victim’s aggressive conduct toward her pursuant to New Hampshire Rules of…”
In Re State (state v. Johanson, 932 A.2d 848 (N.H. 2007). “See RSA 606:10 (2001) (specifying the circumstances in which the State may appeal to the supreme court in a criminal case); see also Petition of State of N.”
State v. Spinale, 937 A.2d 938 (N.H. 2007). “See RSA 606:10, III (2001). The trial court concluded that no rational juror could have found the defendant guilty beyond a reasonable doubt.”
State v. Langill, 945 A.2d 1 (N.H. 2008). “Pursuant to RSA 606:10 (2001), the State appeals the decision of the Superior Court (Coffey, J.”
In Re Miller, 20 A.3d 854 (N.H. 2011). “A mandatory appeal is an appeal filed by the State pursuant to RSA 606:10, or an appeal from a final decision on the merits issued by a superior court, district court, probate court, or family division court, that is in compliance with these rules.”
State v. Daniel Jesus Cora, 167 A.3d 633 (N.H. 2017). “See RSA 606:10 (2001). On appeal, the State contends that the police were allowed to enter the vehicle without a warrant either under the federal automobile exception to the warrant requirement, which the State asks that we adopt under the State Constitution, or because the…”
State v. O'Neill, 589 A.2d 999 (N.H. 1991). “However, he invited other motions, and later *184 granted the defendant’s motion to set aside the verdict in a manner effecting a judgment of acquittal, notwithstanding the verdict. The State now appeals from this ruling.”
The PEOPLE of the State of Colorado v. Asha Adolphus THOMPSON, 500 P.3d 1075 (Colo. 2021). “, N.H. Rev. Stat. Ann. § 606:10 (II) (a) , (V) ( 2020 ) ( prosecution may appeal any suppression order so long as the attorney general approves of the appeal ) ; N.”
State v. Roache, 803 A.2d 572 (N.H. 2002). “The State of New Hampshire appeals, pursuant to RSA 606:10 (1986), from orders of the Superior Court {Hollman, J.”
State v. Hungerford, 697 A.2d 916 (N.H. 1997). “See RSA 606:10, II (1986). We affirm and remand.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.