Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - July 1997

  * denotes appealing parties
     96-703    In re: Heather D.
               Richard Cornelius for father*
               Benette Pizzimenti for mother
               Jeffrey Philpot, GAL

               Termination of parental rights - sufficiency of evidence;
               where all records of father's mental health provider
               turned over, whether father/respondent must provide
               general release before being permitted to call provider's
               employees to testify; denial of interrogatories regarding
               prospective adopter; limitation on respondent's access to
               mother/petitioner's mental health records

     96-762    Harvey,* Daniel W.         v.  Hsu, Douglas T. and Mary 
               James S. Schulte               Thomas R. Watson

               Quiet title - whether plaintiff owns the land in
               question; whether defendants established adverse
               possession; allocation of burden of proof as to adverse
               possession; erroneous construction of 1844 deed

     97-032    State of NH                v.  Pierson,* Steven   
               Attorney General               James E. Duggan
                                              Stuart Dedopoulos  

               Felonious sexual assault - sufficiency of the evidence

     97-156    State of NH*               v.  Locke, Danny 
               Attorney General               James E. Duggan
                                              Andrew R. Schulman
               Second degree murder, robbery - whether defendant may be
               charged as an accomplice to a crime requiring proof of
               the culpable mental state of recklessness; suppression of
               statements to codefendant on grounds that police violated
               the one-party consent provision of the wiretap statute

     97-279    SAU #16 Cooperative School Board,* Appeal of
               (public employee labor relations board)
               Douglas S. Hatfield for SAU #16
               James F. Allmendinger for Exeter Education Association
               Attorney General

               Public employee labor relations - successor organization;
               whether the appellant is a successor to the Exeter School
               District and bound by its collective bargaining
               agreement; failure of board to recognize formation of new
               political entity

     97-298    N.B. Development*          v.  KMart Corporation
               K. William Clauson             Mark E. Howard

               Landlord-tenant - commercial lease; whether affidavit was
               based on personal knowledge of admissible facts; whether
               court erred in concluding defendant was not in default of
               lease obligation to construct expansion; whether material
               disputes of fact should have precluded summary judgment

     97-301    Manchester Association     v.  Mayor, City of Manchester
                 of Police Supervisors*  
               Eugene R. Quinn, Jr.           Kevin M. St. Onge

               Municipal employees - longevity step increases; whether
               court erred in determining that public employee labor
               relations board or an arbitrator should determine if
               plaintiff's claims involve matters covered by collective
               bargaining agreement

     97-311    Cusson,* Gerard and Bertha v.  Beauregard, Dennis A.
               Stephen E. Borofsky            Carol L. Hess

               Negligence - motorcycle accident; whether court erred in
               dismissing plaintiff's action following plaintiff's
               opening statement; failure to allow plaintiff to amend or
               enlarge his opening statement

     97-332    Mercier,* David, Appeal of
               (workers' compensation appeals board)
               Leslie H. Johnson for Mr. Mercier
               Eric Bernard for National Fence & Granite Company
               Eric Falkenham for Pitco Frialator
               Attorney General

               Workers' compensation - failure to award disability
               benefits despite work-related injury and claimant's
               inability to find job within his restrictions; failure to
               require seasonal employer to offer light work to claimant

     97-334    Town of Stratham,* Appeal of
               (public employee labor relations board)
               Robert P. Leslie for town
               Thomas D. Noonan for Teamsters Local 633
               Attorney General

               Municipal employees - bargaining unit certification;
               inclusion of "on call" employees in bargaining unit;
               including truck/heavy equipment operators in same unit as
               police officers; whether police chief's secretary holds
               confidential position; whether police lieutenants and
               sergeants hold supervisory positions

     97-342    Pivero, Anthony J.         v.  Largy,* Chief Clifton
               Peter C. Phillips              James M. McNamee

               Police personnel files - whether a police investigatory
               file concerning citizen's complaint about a police
               officer that was found to be not sustained must be
               released to police officer; whether said file became part
               of police officer's personnel record; whether said file
               is confidential under Right-to-Know Law and thus exempt
               from disclosure under RSA 275:56

   97-343    State of NH                v.  Smith,* Dennis A.
               Attorney General               James E. Duggan
                                              Ronald L. Abramson

               Violation of protective order, resisting arrest, simple
               assault, criminal trespassing - whether defendant may be
               sentenced to enhanced sentences of over one year in
               prison for misdemeanors where defendant was not indicted
               by grand jury; whether State required to prove actual
               conduct alleged in resisting arrest information; whether
               resisting arrest and simple assault convictions violated
               double jeopardy; consideration by court of felony charge
               of which defendant had been acquitted; whether sentence
               violated part I, article 18 of the State Constitution

     97-352    State of NH                v.  Dunton,* Lewis
               Attorney General               Jefferson K. Allen

               Aggravated felonious sexual assault - denial of mistrial
               where prosecutor made personal assertions during closing
               argument as to the truth; whether State has burden to
               show that prosecutorial overreaching was harmless error
               beyond a reasonable doubt

     97-379    State of NH                v.  Gray,* Brian
               Attorney General               Stephen E. Gaige

               Aggravated felonious sexual assault - denial of
               deposition of key witness for State; exclusion of witness
               who would have testified regarding victim's reputation
               for truthfulness; sufficiency of evidence; whether court
               erred in instructing jury that victim's testimony did not
               need to be corroborated

     97-384    State of NH                v.  Daniels,* David
               Attorney General               James E. Duggan
                                              Dorothy Graham
               Theft by unauthorized taking - sufficiency of evidence of
               intent to permanently deprive owner of property; whether
               jury instruction created risk of lack of jury unanimity
               as to when defendant obtained property with the purpose
               to deprive; whether jury instruction impermissibly
               amended indictment

     97-387    State of NH                v.  Bennett,* Eric
               Attorney General               James E. Duggan
                                              Caroline L. Smith

               Manslaughter - exclusion of evidence of defendant's
               actions on the night of the incident; exclusion of expert
               testimony regarding recklessness of use of neck restraint
               and lack of common knowledge of lethal nature of neck
               restraint; exclusion of defendant's statements to police
               officer as hearsay; exclusion of evidence that defendant
               waived Miranda rights and cooperated with police

     97-432    Acadia Insurance Co.       v.  McNeil, Michael & a.
               Bruce W. Felmly                Christine M. Rockefeller
               Marilyn L. Lytle

               Insurance - ocean marine insurance policy; whether RSA 
               412:2 (II) applies to the liability component of an ocean
               marine insurance issued in New Hampshire; certified
               question from U.S. Court of Appeal

     97-460    Bursey,* Arthur H., Petition of
               Paul J. Haley for Arthur Bursey
               Dorothy F. Silver for Faith Bursey
               Ralph Stein for Doris Bursey
               Fred J. Forman for Diversified Financial Systems, Inc.
               Roy A. Duddy for Edmund Nichols

               Divorce proceedings - contempt; whether court erred in
               ordering petitioner, without an evidentiary hearing, to
               pay all property taxes due on corporate property when
               petitioner owns only half the stock; whether court erred
               in finding petitioner, without an evidentiary hearing, in
               contempt and in issuing capias for his arrest

     97-480    State of NH*               v.  Cannuli, Michael and
                                                Cynthia Cannuli
               Attorney General               Sven Wiberg for Mr.
                                              David P. Mooney for Ms.  

               First degree assault, theft by extortion, witness
               tampering, arson, insurance fraud, theft, criminal
               mischief, altering certificate of title - search warrant;
               whether defendants have standing to challenge validity of
               warrant authorizing seizure of property from a third
               party's residence; whether warrant was supported by
               probable cause