Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - October 1998

     94-674    Barden,* Alice P.,  v.   Horace Mann Insurance    
               Administratrix of        Company 
               the Estate of            Mark L. Mallory
               Allyson M. Barden
               David L. Nixon           
               Leslie C. Nixon               
                                                                 
                                                                 
               Uninsured motorist award - wrongful death;
               whether wrongful death statute allows estate to 
               recover for loss of enjoyment of life as an
               element of damages; interlocutory transfer
                                   
     96-569    State of NH         v.   Loubier,* Leon           
               Attorney General         J.P. Nadeau
               
               
               Second degree assault - ineffective assistance of
               counsel; failure of State to prove that firearm
               was a deadly weapon in the manner in which it 
               was used; whether defendant prejudiced by jury
               instruction regarding use of deadly force in
               defense of a person

     97-808    State of NH         v.   Gathright,* James
               Attorney General         James E. Duggan
                                        Timothy M. Landry
     
     
               Probation violation - whether totem pole hearsay
               was sufficient to justify finding of probation
               violation

     98-129    Hanover Investment  v.   Town of Hanover*
               Corporation              Adele M. Fulton
               K. William Clauson       
               John J. Ratigan
               
               Property tax abatement - whether conflict of
               interest existed where plaintiff allowed to use
               member of board of tax and land appeals as expert;
               legal standards for determining highest and best
               use of property; exclusion of evidence of value
               from years subsequent to tax year at issue;
               sufficiency of evidence 

     98-195    State of NH         v.   Rojas-Mendez,* Victor
               Attorney General         James Duggan
                                        Jorel Booker
                                        
               Possession of cocaine with intent to distribute -
               denial of motion to suppress; whether defendant
               was illegally seized; whether container allegedly
               discarded by defendant was illegally searched

     98-208    State of NH*        v.   Beckert, Walter
               Attorney General         James E. Duggan
                                        Julian Nichols
                                        
               Felon in possession - whether RSA 159:3 is
               unconstitutionally vague as applied to a defendant
               carrying a concealed hunting knife with a fixed 6-
               inch blade under his jacket in downtown
               Portsmouth; whether a hunting knife as a matter of
               law is not a "dangerous weapon"

     98-249    Tyler Road          v.   Town of Londonderry*
               Development Corp.        David R. Connell
               Steven G. Shadallah      
               
               Current use land use change tax - abatement and
               declaratory judgment; whether 1991 amendment to
               RSA 79-A:7, V is unconstitutionally retrospective;
               whether assessments by town were correct under
               current statute and regulations; cross-appeal -
               whether court, by denying abatement on phase II of
               Tyler Estates because plaintiff had not filed a
               formal abatement, erred in light of RSA 76:17-c
               and fact that plaintiff had filed a constitutional
               challenge to method of taxing entire parcel

     98-329    In re: Marilyn M. Jones and Wayne J. Jones*
               Stephen J.C. Woods, for Wayne Jones
               Glenn Graper, for Marilyn Jones
               
               Divorce - ordering incarceration of a party for
               failure to pay money without providing hearing
               upon ability to pay; whether court erred in
               defaulting a party at final divorce hearing for
               failure to provide discovery on one issue; award
               of alimony in excess of amount requested that is
               equivalent of respondent's entire disposable
               income; disproportionate award of property

     98-340    In re Gary H.*
               James E. Duggan
               Bruce R. Jasper
               Attorney General
               
               Juvenile delinquent - whether juvenile entitled to
               dismissal of charges because adjudicatory hearing
               was held more than 21 days after arraignment
                    
     98-363    Gears,* Deborah, Appeal of
               (compensation appeals board)
               Francis X. Quinn, Jr.
               Benjamin T. King
               James E. Owers
               Attorney General
               
               Workers' compensation - permanent impairment;
               failure to accord substantial weight to treating
               physician's permanent impairment evaluation;
               reliance by board upon plainly erroneous facts

     98-365    Johnson,* Kevin E.  v.   Rumley, Mark
               William Saturley         Paul Twomey
               
               Legal malpractice - statute of limitation

     98-396    State of NH         v.   Kropp,* Kevin
               Attorney General         Leonard D. Harden
               
               Simple assault - admission of statements by victim
               to doctor; denial of right to confront witnesses;
               hearsay; admission of ambiguous statements made by
               defendant; whether court erred in admitting
               doctor's opinion about pattern abuse and
               causation; whether prosecutor vouched for strength
               of his case during closing argument to jury

     98-408    State of NH         v.   Loubier,* Leon
               Attorney General         Albert E. Scherr
     
     
               Second degree assault - motion for new trial;
               ineffective assistance of counsel; failure to
               object to jury instruction or to double hearsay
               statement; failure to move to dismiss

     98-417    LeBlanc,* Thomas    v.   American Honda Motor Co.,
               Vincent C. Martina       Inc.
               John Garvey              James M. Campbell
               
               Products liability - failure to include separate
               question regarding failure to warn claim on jury
               special verdict form; whether failure to warn
               count was subsumed by defective design question

     98-467    State of NH         v.   Hutchins,* Michael
               Attorney General              George H. Ostler
               
               Perjury - double jeopardy; whether perjury
               indictment is barred by collateral estoppel in
               light of defendant's acquittal on four counts of
               sexual assault; interlocutory appeal

     98-492    State of NH         v.   Francoeur,* Robert
               Attorney General         James E. Duggan
                                        Joachim H. Barth
                                        David W. Ruoff
                                        
               First degree assault - denial of unanimity jury   
               instruction as to whether deadly weapon was a
               bladed object or a shard of glass; allowing State
               to call witness to impeach her; denial of motion
               to recuse judge; sufficiency of circumstantial
               evidence

     98-497    State of NH         v.   Farrell,* Jason
               Attorney General         Paul Twomey
               
               Second degree murder - numerous issues including
               denial of bill of particulars and motion to quash
               indictment; denial of motion to suppress
               statements; admission of prior bad acts; failure
               to vacate acceptance of certification of juvenile
               as adult; refusal to give requested jury
               instructions; denial of mistrial; failure to voir
               dire jury after questions evidenced that jurors 
               feared for their safety; failure to repoll jury

     98-501    State of NH         v.   Charest,* Jonathan
               Attorney General         James E. Duggan
                                        Robert J. Watkins
                                        
               Reckless conduct, criminal threatening - exclusion
               of evidence of relationship between alleged
               victims and defendant

     98-515    State of NH         v.   McLellan,* Ronald
               Attorney General         James E. Duggan
                                        Timothy M. Landry
                                        Raylene Wentz-Fischer
                                        
               Aggravated felonious sexual assault, sexual
               assault - numerous issues including failure of
               court to review privileged materials in camera;
               denial of motion to suppress; evidentiary issues;
               restrictions on cross-examination; sufficiency of
               evidence; jury instructions; denial of services
               for psychological sex-offender evaluation; failure
               of State to prove prior felony convictions;
               whether court erred by sentencing defendant to
               life in prison without possibility of parole
               
               Note: The court has consolidated 96-569 and 98-
               408.