State v. Kelly

How courts have described this case

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

• stating that only when defendant injects alibi defense is failure to call witness with knowledge of defendant’s whereabouts proper subject for comment by state
• \The fact that an accused does not choose to testify in [her] own defense can provide no basis for an adverse inference [of guilt] or comment by the prosecutor.\
• where defendant injects into trial his activities with a potential witness in order to establish an alibi, State may comment on defendant’s failure to call such a witness
• where defendant injects into trial his activities with a potential witness in order to establish an alibi, State may comment on defendant’s failure to call such a witness

Source: CourtListener parenthetical corpus (CC0).

Cited by

6 cases in this archive cite this case.

• State v. Fowler
  Supreme Court of New Hampshire· 1989-12-28· cited 19×
• Colley v. State
  Nevada Supreme Court· 1982-01-28· cited 15×
• In re C.O. In re G.L.
  Supreme Court of New Hampshire· 2019-02-01· cited 7×
• State v. Lovely
  Supreme Court of New Hampshire· 1984-04-09· cited 4×
• State v. Otero
  Supreme Court of New Hampshire· 1987-06-08· cited 1×
• State v. Roubo
  Supreme Court of New Hampshire· 1995-11-06

Cites

6 cases in this archive are cited by this case.

• People v. Coleman
  California Supreme Court· 1969-10-03· cited 107×
• Commonwealth v. Wright
  Supreme Court of Pennsylvania· 1971-10-12· cited 43×
• United States v. Interstate Engineering Corporation
  D. New Hampshire· 1967-07-20· cited 24×
• People v. Sanford
  Appellate Court of Illinois· 1968-10-03· cited 19×
• State v. Fowler
  Supreme Court of New Hampshire· 1970-01-30· cited 9×
• State v. Richard
  Supreme Court of New Hampshire· 1969-03-20· cited 4×