Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - June 1998

      * denotes appealing parties

96-520    In re Helen Stone*
          William S. Harrold for Ms. Stone
          Barbara M. Maloney for New Hampshire Hospital
          Attorney General
          
          Involuntary civil commitment - sufficiency of evidence

97-390    Laflamme,* Pauline G.    v.   Laflamme, Gaston N.
          Thomas J. Cote                Philip R. Waystack, Jr.
          David J. KillKelley
          
          Post-divorce proceedings - alimony modification;
          numerous issues including failure to give plaintiff
          notice and opportunity to object before superior court
          judge approved marital master's recommended orders;
          failure of judge to recuse himself; sufficiency of
          evidence of substantial change in circumstances; res
          judicata

98-051    Lake,* Richard A.        v.   Sullivan, Joseph E.,
          pro se                          Joseph E. Sullivan III,
                                          Forest Edge Water Co.,
                                          Kearsarge Building Co.,
                                          Inc.
                                        Arthur G. Greene
                                        
          Trespass, breach of warranties - summary judgment;
          numerous issues including whether material disputed
          facts existed; whether plaintiff is merely a tenant;
          standing; failure to join parties in interest; failure
          to consider evidence in light most favorable to
          nonmoving party 

98-052    Voelbel,* John           v.   Town of Bridgewater
          K. William Clauson            Walter L. Mitchell
          
          Municipal employment - wrongful discharge, defamation,
          Right-to-Know Law; whether summary judgment on Right-
          to-Know Law violation moots wrongful discharge claim;
          whether selectmen and town entitled to absolute
          privilege; whether selectmen's statements at town
          meeting are immune under concept of limited
          governmental immunity for tort liability
          
98-056    Naswa Motor Inn, Inc.,* Appeal of
          (penalty appeals board)
          Philip P. Bonafide for Naswa Motor Inn, Inc.
          Attorney General
          
          Youth employment law - whether one-year statute of
          limitations in RSA 276-A:9 applies to assessment of
          civil penalties for violations of youth employment law

98-060    Royer,* Ira A. and       v.   Catholic Medical Center,
            Rachel M.                     Wright Medical 
          John P. Fagan                   Technologies, Inc.
          Jared R. Green                Robert M. Daniszewski    
                                          for CMC
                                        Lawrence S. Smith for
                                          Wright Medical
                                          
          Products liability - defective knee prosthesis; whether
          Catholic Medical Center is a seller of goods subject to
          strict products liability

 98-194   State of NH              v.   Lavertue,* Armand
          Attorney General              James E. Duggan
                                        Richard E. Samdperil
                                        
          Felonious sexual assault - failure to quash or dismiss
          indictment; sufficiency of evidence; whether sentencing
          judge improperly demonstrated bias and prejudice by
          referring to defendant as a "sick and twisted
          individual"

98-207    State of NH              v.   Michaud,* David
          Attorney General              James E. Duggan
                                        Andrew F. Cotrupi
                                        
          Arson - failure to dismiss where State was culpably
          negligent in destroying relevant evidence; whether
          destruction of home was intentional and/or resulted in
          destruction of exculpatory evidence; prosecutorial
          misconduct; exclusion of witness's criminal history;
          admission of redacted interview of an excused witness;
          admission of prior and subsequent bad acts; sufficiency
          of evidence

98-219    State of NH              v.   Decker,* S. Annie
          Attorney General              James E. Duggan
                                        Matthew Kluger
                                        Edward L. Cross, Jr.
          
          
          Theft by unauthorized taking - sentencing; whether
          record supports ordering defendant to pay restitution;
          whether court has inherent power to order restitution
          apart from statute

98-220    State of NH              v.   Clyde,* Alison
          Attorney General              Gabriel Nizetic
          
          Driving while intoxicated - numerous issues including
          whether RSA 265:82 and 265:89 are inconsistent; whether
          court erred in ruling that RSA 265:89 was not intended
          to exculpate a person under the age of 21 whose blood
          alcohol content is .02 or .03; whether State's closing
          argument was improper; whether defendant was found
          guilty of an offense that she was not charged with;
          sufficiency of evidence

98-221    State of NH              v.   Glodgett,* Rodney
          Attorney General              James E. Duggan
                                        Donna J. Brown
                                        Nancy A. DeAngelis
                                        
          Felonious sexual assault, attempted felonious sexual
          assault - admission of evidence of course of sexual
          conduct with victim to prove intent despite defendant's
          agreement to remove issue of intent from jury's
          consideration; sufficiency of evidence

98-223    Hobson,* Claire, Appeal of
          (workers' compensation appeals board)
          Clyde R. Coolidge for the claimant
          Charles T. Giacopelli for the employer State of NH
          Attorney General
          
          Workers' compensation - whether board made sufficient
          findings of fact

98-226    Shiretown Realty Trust   v.   Robinson,* Helen, Town of
            Joseph Fiumara, Trustee       Barrington,*
          pro se                          unknown heirs of Dexter
                                          Caldwell
                                        Ronald Willoughby for    
                                          Helen Robinson
                                        John Dolan for town
                                        Arthur C. Randlett for 
                                          unknown heirs
                                          
          Quiet title - tax sale; whether court erred in quieting
          title in defendant Robinson when her agent disclaimed
          ownership of land in question; whether town acted
          unreasonably in conducting tax sale; whether Robinson
          paid property taxes on her land; whether Robinson owned
          parcel in question; whether Robinson had duty to know
          location of her own property and to aid town in
          determining ownership; cross-appeal - whether court has
          authority to suspend a judgment of damages when
          prevailing party has paid taxes for land in question;
          whether court erred in ordering judgment of damages to
          nonprevailing party in accordance with RSA 498:5;
          failure of town to file timely statement of damages;
          equal protection

98-254    State of NH              v.   Cromlish,* Richard
          Attorney General              Jonathan R. Saxe
                                        Risa Evans
                                        Steven Bennett
                                        
          Second degree murder - denial of motion for expert
          services regarding reactions to stress of a shooting;
          quashing of subpoena; failure to grant in limine motion
          regarding evidence of firearm training and conduct;
          denial of motion to suppress

98-345    Havington, Michael       v.   Glover,* Sharon
          pro se                        Peter Marsh
          
          Landlord-tenant - eviction; whether tenant can waive
          statutory 30-day notice provision of RSA 540:3; whether
          7-day notice provision in lease can be enforced after
          lease has expired