Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - May 1998

     * denotes appealing parties

97-018    Werlinger,* Laura A., Petition of
          (department of human services)
          Karen L. Rosenberg for Ms. Werlinger 
          Attorney General

          Food stamps - overpayment; whether state can require
          appellant to repay amount she was overpaid in food
          stamp benefits; retrospective application of federal
          Work Responsibility Act of 1996 

97-354    State of NH              v.   Therrien,* Robert
          Attorney General              James E. Duggan
                                        Mark F. Sullivan

          Aggravated felonious sexual assault - admission of
          other bad acts alleged by victim; exclusion of evidence
          that defendant had been acquitted in Maine of
          committing other bad acts

97-632    Magistro,* Francis, Appeal of
          (workers' compensation appeals board)
          C. Kevin Leonard for the claimant
          Andrew A. Merrill for Durgin & Crowell Lumber Co.
          Attorney General

          Workers' compensation - whether board erred by
          rejecting uncontroverted opinion of treating physician
          and by failing to cite any competing medical evidence
          to explain its rejection; whether back injury was
          caused by altercation at work and was disabling;
          whether work altercation caused pre-existing knee
          condition to become disabling

97-797    State of NH              v.   Meissner,* Susan
          Attorney General              Scott W. Flood

          Speeding - license revocation; whether court erred by
          revoking driver's license under RSA 263:57 for speeding
          violation; imposing more severe penalty after defendant
          asserted her right to trial; lack of notice;
          sufficiency of evidence to support revocation; whether
          enactment of RSA 259:39 supersedes RSA 263:57; whether
          RSA 263:57 is unconstitutional delegation of
          legislative authority

97-845    Phetteplace,* Gary       v.   Town of Lyme
            E.  and Karen C.            Carolyn W. Baldwin
          R. Peter Decato          

          Property tax abatement - whether tax appeal to superior
          court was untimely; estoppel

97-894    McDill, William D.       v.   Environamics
          Christopher E. Grant            Corporation,*
                                          Roxana Marchosky
                                        David Wolowitz
                                        Suzanne M. Woodland

          Breach of employment contract - wrongful discharge;
          failure to permit defendant to argue that plaintiff
          would have been discharged for reading and removing
          confidential document; failure to give curative jury
          instruction to disregard statements regarding selective

98-003    State of NH              v.   Hammell,* Michael L.
          Attorney General              Pro se

          Driving after certification as a habitual offender -
          motion for new trial; ineffective assistance of
          counsel; denial of motion for default judgment; failure
          to hold evidentiary hearing; whether State's objection
          contained misrepresentations

98-014    State of NH              v.   Russell,* Alan
          Attorney General              Mark H. Campbell

          Driving while intoxicated - whether defendant is time-
          barred from collaterally attacking constitutional
          validity of conviction for driving while intoxicated by
          seeking to withdraw his plea

98-016    American Express Travel  v.   Moskoff,* David
          Barry I. Harkaway             David W. Rayment
                                        William B. Pribis

          Collection action - default judgment; whether court
          erred in not vacating conditional default when
          defendant answered plaintiff's interrogatories within
          ten days; whether court erred in entering final default
          based upon adequacy of answers; due process

98-044    West,* Christie          v.   Turchioe, Thomas
          Mike J. Demers                J. Daniel Marr

          Promissory note - consideration of extrinsic evidence;
          whether court erred in ruling that defendant was
          obliged to pay note only if plaintiff did not have
          miscarriage, abortion, or place child for adoption;
          whether court's ruling that defendant was only obliged
          to pay note in case of miscarriage, abortion, or
          adoption is against public policy

98-059    State of New Hampshire Judicial Branch,* Petition of
          (retirement system board of trustees)
          Attorney General
          Jane Emperor, pro se
          Peter T. Foley for NH Retirement System

          Retirement benefits - whether board erred in concluding
          judicial branch was at fault in not enrolling employee 
          in retirement system; whether board erred in failing to
          re-open case based on newly discovered evidence

98-068    Town of Nelson*          v.   NH Department of 
          William J. Robinson             Transportation
                                        Attorney General

          Unfunded state mandate - reclassification of highway;
          whether state imposed new responsibility upon town that
          has not been fully funded nor approved by town voters;
          whether RSA 228:27 & :36 are unconstitutional; cross-
          appeal - whether town's failure to timely appeal
          commissioner's actions or reclassification letter bars
          this challenge to reclassification of Route 9 to town
          road status

98-110    AMRESCO New England, L.P. v.  Gallagher, Charles A.  
            d/b/a AMRESCO New England   John E. Lyons
            Limited Partnership, 
            successor in interest to
            AMRESCO New England, Inc.*
          Gregory D. Wirth              
          Promissory note - whether payment on demand note
          extended statute of limitations or revived note;
          whether admissions of liability on note extended
          statute of limitations; whether State statute of
          limitations had already run when FDIC was appointed

98-111    AMRESCO New England, L.P. v.  Gallagher, Charles A.,
            d/b/a AMRESCO New England     Charles A. Gallagher
            Limited Partnership,          Trust dated May 22, 
            successor in interest to      1987, Charles A. 
            AMRESCO New England, Inc.*    Gallagher and Paula
          Gregory D. Wirth                J. Gallagher, Trustees
                                        John E. Lyons
          Fraudulent conveyance - whether court erred in
          dismissing action in light of RSA 545-A:9, I, case law
          concerning accrual of causes of action, case law
          concerning fraudulent concealment, and the provisions
          of FIRREA

98-115    State of NH               v.  Spiewak,* Jeffrey
          Attorney General              James L. Duggan
                                        Leonard D. Harden

          Resisting arrest, intentionally contributing to
          delinquency of a minor - whether prosecutor's opening
          statement to jury violated right against self-
          incrimination or altered burden of proof

98-123    In re Estate of David R. Pratt
          David M. Tower for Elaine M. Pratt*
          Jennifer Roth for the estate
          Attorney General

          Legacy and succession taxes - statute of limitations;
          whether RSA 556:5 bars objection to executor's final
          account filed more than one year after grant of
          administration; whether RSA 86:6 requires legacy and
          succession taxes to be paid on joint bank account
          closed by joint owner immediately prior to death;
          whether tax should be paid by estate pursuant to
          decedent's will

98-125    State of NH              v.   Hayford,* Jon C.
          Attorney General              James E. Duggan
                                        Janice S. Peterson

          Felon in possession of dangerous weapon - whether RSA
          chapter 159 prohibits felon from possessing black
          powder pistol with percussion ignition that does not
          utilize center or rim fire cartridges

98-131    Cicchetto,* Kim M.       v.   Cicchetto, Russell Edward
          Douglas C. Gray               Ronald P. Indorf

          Divorce - failure to rule on requests for findings and
          on matters raised in motion for reconsideration;
          whether court erred in dividing parties' assets;
          attorney's fees

98-136    Perron,* Robert, Appeal of
          (workers' compensation appeals board)
          A.G. O'Neil, Jr. for the claimant
          James E. Owers for Aavid Engineering, Inc.
          Michael Mortimer for Personnel Connection
          Attorney General

          Workers' compensation - whether injuries were causally
          related to employment; whether board erroneously
          altered claimant's burden of proof; failure of board to
          address issues of stabilization and extraordinary
          trauma-inducing event; sufficiency of evidence

98-143    State of NH*             v.   Sullivan, Brian
          Attorney General              Bruce Kenna

          Negligent homicide, second degree assault - whether
          court erred by excluding evidence of blood alcohol
          concentration test results; whether defendant was
          deprived of meaningful opportunity to obtain an
          independent test of blood samples

98-147    State of NH              v.   Crosby,* Thomas
          Attorney General              James E. Duggan
                                        Stuart Dedopoulos

          Aggravated felonious sexual assault - numerous issues
          including denial of view; refusal to review records in
          camera; conducting voir dire outside of physical
          presence of defense counsel; sufficiency of evidence;
          denial of mistrial on numerous grounds; improper
          closing argument; improper jury instructions;
          consideration of improper matters at sentencing

98-149    Fall Mountain Teachers Association, NEA-New Hampshire,*
            Appeal of
          (public employee labor relations board)
          James F. Allmendinger for petitioner
          Edward M. Kaplan for school district
          Attorney General

          Public employee collective bargaining - whether the
          recommendations of a neutral factfinder should be
          placed on the official ballot without amendment for a
          vote pursuant to RSA 40:13, IV

98-159    State of NH              v.   Bourque,* Christopher
          Attorney General              James E. Duggan
                                        Byry D. Kennedy

          Sale of counterfeit drug - sufficiency of evidence that
          defendant represented green vegetative matter to be

98-161    State of New Hampshire,* Appeal of
          (department of safety)
          Attorney General
          Stephen Jeffco for Daniel MacKenzie

          Administrative license suspension - whether hearing
          officer erred in ruling he was without jurisdiction
          because ALS report form allegedly did not constitute a
          "sworn report"; whether hearing officer erred in
          finding that ALS report was not a "sworn report"

98-177    State of NH              v.   Donnelly,* Jeanne
          Attorney General              Philip Desfosses

          Forgery - denial of discovery; denial of right to
          confront accusers; whether court erred by allowing
          witnesses to testify after they asserted right to
          remain silent regarding issues critical to defense

98-183    State of NH              v.   Baxter,* Todd S.
          Attorney General              James E. Duggan
                                        Tony Hutchins

          Driving after certification as a habitual offender -
          failure of court to instruct jury on lesser-included
          offense of driving after suspension

98-260    State of NH*             v.   Embree, Corey
          Attorney General              David Bownes
                                        A.G. O'Neil

          Second degree murder - mens rea; whether State must
          prove for accomplice liability that the accomplice
          purposely promoted or facilitated the commission of
          reckless and/or knowing second degree murder

98-288    Rockingham County Sheriff's Department,* Appeal of
          (workers' compensation appeals board)
          Stephen J. Schulthess for the county
          Gary Bernier for the claimant
          Attorney General

          Workers' compensation - whether employee suffered work-
          related injury; whether employee had pre-existing
          weakness in his back; whether employee's work stress
          was greater than non-work stress; whether board erred
          in granting disability benefits; whether board erred by
          construing all reasonable doubts in favor of employee

98-322    Request from the Senate for an Opinion of the Justices
          (Constitutionality of plans to provide adequate public

          Request by Senate for opinion of constitutionality of
          two bills relating to funding and providing adequate
          public education

          Note:  The court has consolidated 98-110 and 98-111.