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