Legal Opinion

State v. Kelley

Supreme Court of New Hampshire

Decided May 16, 2006No. 2005-111PublishedCited by 9 opinions

1Opinion of the CourtBroderick, C.J.

The State appeals a ruling of the Newport District Court (Cardello, J.) dismissing a complaint of resisting arrest or detention filed against the defendant, Shawn Kelley. We reverse and remand.

The record supports the following. While attending a wedding reception, Kelley became intoxicated. The bartender at the reception called the Newport police to report Kelley’s behavior. Three officers arrived at the reception, concluded that Kelley was intoxicated, and tried to take him into protective custody. See RSA ch. 172-B (2002 & Supp. 2005). As they did so, Kelley pulled away and started to run.…

2Cases cited11 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. State v. HuttonSupreme Court of New Hampshire · 1967
  3. State v. BeauchesneSupreme Court of New Hampshire · 2005
  4. State v. BerrySupreme Court of New Hampshire · 1981
  5. State v. HamelSupreme Court of New Hampshire · 1983

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Landry v. LandrySupreme Court of New Hampshire · 2007
  2. State v. RuffSupreme Court of New Hampshire · 2007
  3. State v. FlodinSupreme Court of New Hampshire · 2009
  4. State v. LindseySupreme Court of New Hampshire · 2009
  5. State v. WestSupreme Court of New Hampshire · 2015

4 more not listed; retrieve them via the Exa API.

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