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State v. Etienne

Citations

  • 163 N.H. 57
  • 35 A.3d 523

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, in the context of deadly force, the use of force must be reasonably necessary in order to be justifiable
  • explaining that the legislature has determined that defenses set forth in RSA chapter 627 constitute “pure defenses, and, thus, negating such a defense becomes an element of the offense that the State must prove beyond a reasonable doubt”
  • noting that justification defenses under RSA chapter 627 are pure defenses
  • applying common law principles of proportionality to require “reasonable necessity to justify the use of deadly force” absent explicit statutory language to that effect
  • imputing knowledge among attorneys in state attorney general’s office is reasonable
  • when a defendant raises self-defense “conduct negating the defense becomes an element of the charged offense” (quotation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Conboy, Dalianis, Duggan, Hicks, Lynn

Read full opinion on CourtListener

Cited by

33 cases in this archive cite this case; the 20 most cited are listed.

Cites

77 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.