State v. Laliberte, 83-248
| Decision Date | 02 March 1984 |
| Docket Number | No. 83-248,83-248 |
| Citation | 474 A.2d 1025,124 N.H. 621 |
| Parties | The STATE of New Hampshire v. Leo J. LALIBERTE. |
| Court | New Hampshire Supreme Court |
The defendant appeals his conviction of driving while intoxicated, second offense. RSA 265:82. He alleges that the Superior Court (Cann, J.) erred in denying his motion in limine, which asked the superior court to determine, before trial, the admissibility of the fact of the defendant's refusal to take a breathalyzer test.
At the hearing on the motion, the defendant raised, and the court addressed, the issue of admissibility only on Federal constitutional grounds. The court properly found the United States Supreme Court case of South Dakota v. Neville, 459 U.S. 553, 103 S.Ct. 916, 74 L.Ed.2d 748 (1983) controlling and ruled the evidence admissible.
On appeal, the defendant seeks to raise and argue three grounds for holding the fact of refusal inadmissible: the New Hampshire Constitution, pt. I, art. 15; the statutory scheme of the implied consent law, RSA 265:84 to :92; and the discretion of the trial court in determining the admissibility of evidence. However, it is well established that this court will not consider issues raised on appeal that were not presented in the lower court. E.g., Daboul v. Town of Hampton, 124 N.H. ---, 471 A.2d 1148 (1983). Therefore, we dismiss the appeal.
Appeal dismissed.
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State v. McAdams
...held that we "will not consider issues raised on appeal that were not presented in the lower court." State v. LaLiberte, 124 N.H. 621, 621, 474 A.2d 1025, 1025 (1984); see State v. Menard, 133 N.H. 708, ----, 584 A.2d 752, 754 (1990); State v. Cassell, 129 N.H. 22, 24, 523 A.2d 40, 41 (1986......
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State v. Cote, 83-334
...It is clear, however, that he voiced no such claim in the superior court. No such issue is therefore before us. State v. Laliberte, 124 N.H. 621, 621, 474 A.2d 1025, 1025 (1984). The trial judge concluded that the information in the file would not have furnished probable cause to search the......
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State v. Shannon
...It is well settled in this State, however, that arguments not presented below may not be raised on appeal. State v. Laliberte, 124 N.H. 621, ---, 474 A.2d 1025, 1025 (1984). Accordingly, we will consider the merits of the defendant's argument solely under the double jeopardy clause of the f......
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State v. Wong
...blood alcohol content at the time of the collision was not raised below and will not be addressed on appeal. See State v. Laliberte, 124 N.H. 621, 474 A.2d 1025 (1984). Second, the defendant contends that the State's failure to preserve an additional sample of his breath for independent ana......