Legal Opinion
State v. Burgess
Supreme Court of New Hampshire
Decided February 26, 2008No. 2006-871PublishedCited by 15 opinions
1Opinion of the CourtDuggan, J.
The defendant, John Burgess, was convicted by a jury of attempted escape, see RSA 629:1 (2007); RSA 642:6 (2007), and possessing an implement for escape, see RSA 642:7 (2007). The Superior Court {Lewis, J.) sentenced him to ten to thirty years in prison on each indictment, to be served concurrent with each other and consecutive to sentences the defendant already was serving. On appeal, the defendant argues that the trial court violated his privilege against self-incrimination under Part I, Article 15 of the New Hampshire Constitution by using his silence as a factor in sentencing. We affirm.
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2Cases cited56 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Brady v. United StatesSupreme Court of the United States · 1970
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- Estelle v. SmithSupreme Court of the United States · 1981
- United States v. JacksonSupreme Court of the United States · 1968
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3Cited by15 opinions
- Commonwealth v. BowenSuperior Court of Pennsylvania · 2009
- State v. BrunsonOhio Supreme Court · 2022
- State v. LamySupreme Court of New Hampshire · 2009
- State v. WilleySupreme Court of New Hampshire · 2012
- State of New Hampshire v. Kurt CarpentinoSupreme Court of New Hampshire · 2014
10 more not listed; retrieve them via the Exa API.