Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - October 1997

               * denotes appealing parties

97-110         State of NH                v. Robinson,* Bruce 
               Attorney General              James E. Duggan
                                             Jean Terranova

               Probation violation - whether State proved
               defendant had unsupervised contact with minor
               based solely on unsolicited statement of
               defendant, a mentally retarded probationer

97-433         Johnson,* Joanne, Appeal of
               (personnel appeals board)
               A.G. O'Neil, Jr. for Ms. Johnson
               Attorney General for New Hampshire Hospital

               Public employment - disciplinary suspension;
               whether board erred under RSA 21-I:58, after
               ruling that employer violated personnel rules in
               terminating employee, in fashioning its own remedy
               of a one-year suspension without pay; whether
               suspension could be ordered where personnel rule
               requires prior warning for same offense and
               employee had never received prior warning; whether
               one-year suspension was unreasonable and unjust

97-435         Basanta, Kathleen C.       v. Basanta,* Raymond I.
               Helen M. McKittrick           William H.M. Beckett

               Post-divorce proceedings - child support; failure
               to reduce support; erroneous calculation of "net
               bonus" as defined in permanent stipulation;
               whether court erred in assessing attorney's fees
               for "dilatory conduct"

97-461         In re Frank S.*
               Michael J. Atkins for Frank S.
               Attorney General

               Imposition of suspended sentence - juvenile;
               violation of right to jury trial, equal protection
               and due process; whether juvenile court had
               jurisdiction to impose suspended sentence and send
               juvenile who is 17 years old to house of
               corrections until his 18th birthday; violation of
               right to counsel

97-471         Murphy, Penchan            v. Murphy,* Bruce E.
               Valerie C. Raudonis           Mitchell P. Utell
                                             Barbara Millar, GAL

               Post-divorce proceedings - child custody; whether
               court erred in dismissing motion to change custody
               without an evidentiary hearing on grounds of res

97-476         Federal Bake Shop*         v. Farmington Casualty  
               Barry M. Scotch               John A. Lassey

               Building and personal property insurance - whether
               flow of water caused by failure of plumbing
               fixture falls within exclusion in insurance policy
               for continuous or repeated seepage or leakage of
               water that occurs over a period of 14 days or more

97-515         In re Brittany L.
               Paul J. Bennett, for the father*
               Kathleen Goulet, for the mother
               Wayne R. Healey, GAL

               Termination of parental rights - standard of
               proof; failure to permit impeachment of
               petitioner's brother; sufficiency of evidence;
               denial of right to confront witnesses due to
               inability of prisoner-father to be present at

97-529         Goss, David M.,            v. State of NH, City of
                 Individually and as           Manchester*
                 Administrator of the
                 Estate of Kimberly S. 
               Charles G. Douglas, III       Stephen J. Judge 
               James Kazan                     for State
                                             Donald E. Gardner
                                               for City
               Wrongful death - municipal immunity, proximate
               cause; whether City's action in releasing arrested
               parolee on bail prior to receiving NCIC report
               indicating parolee status and failure to include
               report in arraignment file is entitled to
               discretionary immunity; whether superior court
               erred in denying City's motion for summary
               judgment and in failing to rule that intervening
               and superseding events broke chain of City's
               liability; whether superior court erred in ruling
               that City's alleged ministerial failures could be
               considered proximate cause of decedent's death;
               interlocutory appeal

97-548         State of NH                v. Britch,* Alton
               Attorney General              James E. Duggan
                                             Stephen T. Jeffco

               Felon in possession of firearm, criminal
               threatening - sufficiency of evidence that firearm
               was operable or capable of discharge

97-554         State of NH                v. Sargent,* Wayne
               Attorney General              James E. Duggan
                                             Jonathan R. Saxe

               Aggravated felonious sexual assault, felonious
               sexual assault - numerous issues including failure
               to appoint expert regarding improper interview
               techniques and false memory implantation, and to
               rebut State's expert regarding inconsistencies in
               child victims' testimony; admission of evidence
               regarding child sexual abuse accommodation
               syndrome; exclusion of evidence of prior sexual
               abuse suffered by victim; exclusion of evidence
               favorable to defendant

97-574         State of NH                v. Moses,* Elwin
               Attorney General              James E. Duggan
                                             Julia M. Nye

               Aggravated felonious sexual assault, simple
               assault - erroneous jury instruction on
               corroboration; limiting scope of cross-examination
               of victim regarding prior consensual sex with
               defendant where defense is consent; exclusion of
               evidence of victim's dishonesty pursuant to NH
               Rule of Evidence 608(b)

97-577         Goss, David M.,            v. State of NH,* City  
                 Individually and as           Manchester
                 Administrator of the
                 Estate of Kimberly S. 
               Charles G. Douglas,III        Stephen J. Judge 
               James Kazan                     for State
                                             Donald E. Gardner    
                                               for City

               Wrongful death - sovereign immunity, proximate
               cause; whether superior court erred in denying
               State's motion for summary judgment on grounds of
               proximate cause; whether superior court erred in
               denying State's motion for summary judgment and in
               ruling that State was not entitled to sovereign
               immunity for the performance of discretionary
               functions and/or for the non-performance of
               recognized ministerial obligations; interlocutory

97-588         State of NH                v. Sonthikoummane,*
               Attorney General              James E. Duggan
                                             Edward Philpot, Jr.

               Conspiracy to sell or dispense controlled drug
               within 1000 feet of school - admission of evidence
               relating to evidence suppressed due to unlawful
               search and seizure; admission of irrelevant
               evidence of defendant's so-called "unexplained

97-589         State of NH                v. Goodale,* Warren III
               Attorney General              James E. Duggan
                                             Brian McEvoy

               Second degree assault - numerous issues including
               denial of request for medical information from
               victim and other discovery, denial of motion to
               suppress, admission of two prior convictions,
               failure to disqualify juror, whether court erred
               in allowing deliberations to proceed when court
               had knowledge of diametrically opposing statements
               by victim both given under oath

97-614         State of NH                v. Flynn,* Raymond X.
               Attorney General              Gillian Morrison
                                             Thomas A. Hensley

               Burglary, theft - sufficiency of evidence

97-617         State of NH                v. Ford,* Scott
               Attorney General              James E. Duggan
                                             Joseph C. Malfitani

               Robbery while armed with deadly weapon, theft -
               whether defendant's confessions were voluntary and
               made pursuant to Miranda warnings; admission of
               purchase orders without proper foundation and
               without redacting hearsay statements; whether
               sentences for both theft and robbery offenses
               violated double jeopardy

97-657         Hungerford, Joel           v. Jones, Susan L.
               Robert W. Upton, II           Edward M. Kaplan
               Paul A. Maggiotto

               Negligence, professional malpractice - duty;
               whether mental care provider owes a duty to father
               of adult patient to diagnose and treat patient
               with requisite skill and competence of profession
               when diagnosis is that father sexually abused the
               patient; whether mental care provider owes a duty
               to act with reasonable care to avoid foreseeable
               harm to father resulting from treatment or other
               action taken in relation to diagnosis;
               certification from U.S. District Court

97-661         In re John C.
               Janet F. DeVito, for the mother*
               Attorney General
               Judith A. Roman, GAL

               Child abuse and neglect proceeding - whether court
               erred in modifying dispositional order on new
               grounds not specified in original petition;
               failure to provide full evidentiary hearing;
               whether DCYF demonstrated no physical harm to
               child, whether evidence was sufficient to remove
               child from home

97-682         Hacking, Chelsea, by her   v. Belmont, Town of,    
                 parents and next              and Shaker
                 friends Nancy and             Regional School   
                 Charles Hacking, Jr.          District
               Gary Casinghino               Donald E. Gardner

               Personal injury - municipal immunity; whether
               superior court erred in denying motion to dismiss
               on grounds that defendants are not entitled to
               discretionary immunity for actions of coaches and
               referees during school basketball game and for
               decisions regarding selection, training and
               supervision of coaches and referees; whether
               plaintiffs' action is barred by assumption of
               risk; whether doctrine of respondeat superior
               applies if coaches and referees are immune from
               suit; interlocutory appeal