¶1concurring in part and dissenting in part: I concur in part III of the majority opinion, as well as in part II insofar as the decision is based on federal constitutional law. I disagree, however, with the majority’s conclusion in part II of the opinion that a State constitutional claim was not sufficiently litigated to prompt an independent analysis by this court on the issue of voluntariness of the respondent’s statements. I would conclude that the prerequisites set forth in State v. Dellorfano, 128 N.H. 628, 632, 517 A.2d 1163, 1166 (1986) have been met in this case and that the respondent is therefore entitled to an independent analysis of his claim under our constitution. In my view, the majority opinion is unduly restrictive in its application of Dellorfanoand its progeny.
130 N.H. 430
In re Sanborn
Supreme Court of New Hampshire
Decided May 6, 1988
Supreme Court of New Hampshire · decided 1988-05-06
Relies on State v. Dellorfano
Good law ✅— No negative treatment on recordhow we know
Decided 1988-05-06
How this case has been cited
Cited by 19 later decisions — most recently March 2019
19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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