Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - May 1997

  * denotes appealing parties

96-574    St. Pierre,* Jimmy      v.  Commissioner, NH State
                                        Prison, Warden, NH State 
                                        Prison, NH Parole Board,
                                        Offender Records
          James E. Duggan             Attorney General

          Habeas corpus - good time credits; whether petitioner is
          entitled to good time credits in effect at time of crime;
          whether petitioner's credits have been miscalculated


96-605    Kendall, Stephen        v.  Brewitt,* Darcy
          Pamela D. Albee             Paula M. DeSaulnier

          Child custody - visitation; whether court abused its
          discretion by ordering defendant to move to Wolfeboro
          from Stratham in order to retain primary physical
          custody; violation of right to travel; application of
          Perreault standard; failure to exclude psychologist's
          report and testimony; cross-appeal - whether private
          agreement as to child support by unmarried parties can be
          enforced retroactively to create arrearage; whether
          enforcement of agreement violates NH Constitution part I,
          article 2 


97-061    State of NH              v.   Ramsay,* Ronald G.
          Attorney General              William H. Hopkins
                    
          Interfering with forest fire personnel - whether
          defendant's speedy trial and double jeopardy rights were
          violated; sufficiency of evidence; excessive sentence


97-063    Jolin,* Don, Appeal of
          (workers' compensation appeals board)
          Edward H. Moquin for Mr. Jolin
          Donna M. Head for Manchester Knitted Fashions 
          Attorney General

          Workers' compensation - whether chiropractic care was a
          maintenance program; whether board was prejudiced against
          chiropractic profession 


97-165    Barry,* Kevin G. and Marcel J. Gagnon, Appeal of
          (City of Manchester Employees' Contributory Retirement
          System)
          Robert K. Mekeel for Mr. Barry and Mr. Gagnon
          Claudia Damon for Trustees of Retirement System 

          Retirement benefits - whether retirement board has
          authority to offset disability pension benefits against
          proceeds of workers' compensation lump sum settlements;
          whether board erred in offsetting portion of lump sum
          settlements paid as counsel fees and expenses


97-183    State of NH              v.   Bickham,* Darryl
          Attorney General              James E. Duggan
                                        Anne Birgel

          Aggravated felonious sexual assault - failure to exclude
          scientific evidence regarding saliva; chain of custody;
          failure to dismiss count alleging "surprise"; whether
          defendant opened the door to admission of bad acts
          evidence; admission of hearsay


97-196    State of NH              v.   Allen,* Christopher
          Attorney General              James E. Duggan
                                        Joseph C. Malfitani

          First degree assault - sufficiency of evidence to
          disprove accident; sufficiency of jury instructions on
          elements of assault; denial of new trial based on juror
          misconduct; failure to reconvene jury to inquire into
          misconduct


97-197    State of NH              v.   White,* Carl
          Attorney General              Philip Defosses

          Aggravated felonious sexual assault - denial of
          opportunity to depose victim; admission of subsequent bad
          act evidence


97-206    State of NH              v.   Hammond,* Troy
          Attorney General              Gerard J. Boyle
                                        John F. Boyle

          Manslaughter, first degree assault - whether confession
          was voluntary; exclusion of statistical evidence
          regarding knowledge concerning "shaken baby syndrome";
          sufficiency of evidence of serious bodily injury;
          excessive sentence


97-213    State of NH              v.   Littlefield,* John 
          Attorney General              James E. Duggan
                                        Robert L. Hemeon
                    
          Aggravated felonious sexual assault - denial of Howard
          hearing; exclusion of prior consensual sexual activity of
          the victim


97-220    State of NH              v.   Sanborn,* Robert
          Attorney General              James E. Duggan
                                        Nancy A. DeAngelis

          Criminal threatening, reckless conduct - failure to quash
          indictment that alleged four separate offenses; whether
          court erred in consolidating charges for trial; admission
          of victim's written statement to rehabilitate her
          credibility; sufficiency of evidence that rifle was
          loaded, thus making evidence insufficient to find that
          rifle was capable of causing death or serious bodily
          injury


97-235    Glick,* Michael          v.   Naess, Victoria
          Joshua L. Gordon              Phillip S. Rader

          Attorney's fees - whether plaintiff's action for
          intentional infliction of emotional distress and
          intentional interference with custody against former
          spouse was brought in bad faith or was brought without
          any reasonable basis such that defendant is entitled to
          an award of attorney's fees


97-278    Roche,* Patrick A.,      v.   Commissioner, NH
            Larry L. Keller,              Department of Post-
            William H. Seed,              Secondary Technical
            David Larrabee and            Education and The Board
            Robert Bloomfield             of Governors
          Anna Barbara Hantz            Attorney General
                                   
          Right-To-Know law, breach of contract, wrongful discharge
          - scope of Right-To-Know law hearing, remedies for
          violation; whether trial court's findings after hearing
          on Right-To-Know law claims are binding and have
          collateral estoppel effect on plaintiffs' other claims;
          denial of remedy for Right-To-Know law violations found
          by trial court; whether trial court erred in finding that
          plaintiffs voluntarily terminated their employment;
          interlocutory appeal


97-282    Disabilities Rights      v.   Commissioner,* State of
            Center, Inc.                  NH Department of
                                          Corrections, and Joseph
                                          Panarello, in his
                                          official capacity as
                                          Administrative
                                          Director, Secure Psy-
                                          chiatric Unit, NH State
                                          Prison
          Ronald Lospennato             Attorney General
          Sheila Zakre

          Right-to-Know law, Protection and Advocacy for Mentally
          Ill Individuals Act - whether court erred in ordering
          State to disclose quality assurance records of the secure
          psychiatric unit; cross-appeal - whether petitioners are
          prevailing parties entitled to attorney's fees under 42
          U.S.C.  1988


97-308    Request from the Senate for an Opinion of the Justices
          (property taxation of telephone poles)

          Request by the Senate for opinion of constitutionality
          of Senate bill providing that telephone and cable
          communications poles and lines owned by public utilities
          be subject to property tax; constitutionality of proposed
          exemption for whole or partial interest in poles and
          wires employed in transmission of communication services
          that are subject to tax under RSA Chapter 82-A and owned
          by retailers