Supreme Court of New Hampshire· 4/7/1978
State v. LeClair
Citations
- 118 N.H. 214
- 385 A.2d 831
- 1978 N.H. LEXIS 383
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the accuracy of the victim’s description was diminished by his failure to mention the defendant’s moustache, “of which there was strong evidence”
- explaining that the out-of-court identification was based on a single photograph and amounted to a one-man show-up
- explaining that the identification procedure was unnecessarily suggestive, in part because the police, by various means, indicated to the witness that the defendant was the one they wanted him to identify
- implying that the fact that the witness was “scared” and acted “like he was in shock” at the time of the robbery would have lessened the degree of attention he paid to the features of the suspect
- following undue police suggestiveness, out-of-court identification inadmissible without proof of independent basis by clear and convincing evidence as “[a] matter of State law;” same burden as to in-court identification, id. at 221, 385 A.2d at 835
- defendant could not be sentenced for commission of crime while armed with a gun without being indicted for that offense
Source: CourtListener parenthetical corpus (CC0).
Judges: Grimes, Lampron, Bois, Douglas
Read full opinion on CourtListenerCited by
34 cases in this archive cite this case; the 20 most cited are listed.
- State v. LedbetterSupreme Court of Connecticut· 2005-09-27· cited 145×
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court· 1995-06-09· cited 88×
- Commonwealth v. VeniosMassachusetts Supreme Judicial Court· 1979-05-04· cited 80×
- State v. HerreraSupreme Court of New Jersey· 2006-06-20· cited 73×
- State v. SandsSupreme Court of New Hampshire· 1983-08-29· cited 70×
- Commonwealth v. MelvinMassachusetts Supreme Judicial Court· 1987-02-12· cited 45×
- State v. HarrisSupreme Court of Connecticut· 2018-09-04· cited 40×
- State v. GoodwinSupreme Court of New Hampshire· 1978-12-20· cited 38×
- State v. CyrSupreme Court of New Hampshire· 1982-12-30· cited 30×
- Heald v. PerrinSupreme Court of New Hampshire· 1983-07-13· cited 24×
- Ronald H. Gullick v. Everett I. Perrin, Etc.First Circuit· 1981-12-16· cited 22×
- State v. PerronSupreme Court of New Hampshire· 1982-11-05· cited 22×
- State v. GullickSupreme Court of New Hampshire· 1980-02-14· cited 21×
- State v. PhilibotteSupreme Court of New Hampshire· 1983-03-31· cited 19×
- State v. FraserSupreme Court of New Hampshire· 1980-02-14· cited 19×
- State v. LaRoseSupreme Court of New Hampshire· 1985-08-15· cited 19×
- State v. WindersSupreme Court of New Hampshire· 1985-12-05· cited 18×
- State v. O'LearySupreme Court of New Hampshire· 1986-10-03· cited 18×
- State v. MannaSupreme Court of New Hampshire· 1988-01-29· cited 17×
- State v. St. OngeSupreme Judicial Court of Maine· 1978-10-18· cited 13×
Sourced from CourtListener / Free Law Project (CC0).
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