Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - September 1998

     98-087    State of NH         v.   Vargas,* Aida
               Attorney General         James E. Duggan
                                        Barbara A. Bradshaw
               False report to law enforcement, willful
               concealment - sufficiency of evidence; whether
               superior court erred by remanding de novo appeal
               to district court after defendant failed to
               personally appear at pretrial conference
     98-137    Shaughnessy,* John J. v. City of Laconia,          
               pro se                   Daniel E.
                                        McKeever, Ron             
                                        William Johnson
                                        Walter L. Mitchell
               Welfare - whether court erred in refusing to
               docket complaint unless indigent plaintiff either
               paid $2,000 in attorney's fees or posted a bond;
               whether court erred in finding claim brought in
               bad faith without holding a hearing
     98-150    Simpson, Barbara    v.   Wal-Mart Stores, Inc.    
               Denise A. Gallagher      d/b/a                    
                                        Sam's Club*
                                        Craig L. Staples          
               Negligence - slip and fall; denial of directed
               verdict in absence of notice to defendant of
               slippery condition or evidence of length of time
               slippery condition existed; improper jury
               instruction; admission of hearsay; exclusion of
               expert report that contradicted plaintiff's
               testifying expert 

     98-153    Simonsen, Edwin and v.   Town of Derry*
               Stephanie                Edmund J. Boutin
               John J. Ratigan          
               Municipal regulation - whether court had
               jurisdiction to hear appeal of planning board
               decision when plaintiffs failed to file duly
               verified petition as required by RSA 677:15, I;
               whether planning board had authority to require
               plaintiffs to pay assessment for offsite
               improvements to road occasioned by plaintiffs'
               development; cross-appeal - failure to award
               attorney's fees

     98-165    State of NH         v.        Ashton,* Edward
               Attorney General              James E. Duggan
                                             Darcie E. Spence
               Aggravated felonious sexual assault - motion for
               new trial; ineffective assistance of counsel

     98-180    Smithfield Dodge, Inc. d/b/a Nissan of
               Exeter,* Appeal of
               (department of labor)
               Mark Sullivan, for petitioner
               William J. Ouellette, pro se
               Attorney General
               Whistleblowers' Protection Act - use of improper
               statutory standard; whether employer's reasons for
               termination of employee were valid; sufficiency of
     98-209    O'Neill, Sarah T.   v.   O'Neill,* Peter F.
               Kathleen Goulet          Mark H. Campbell
               Divorce - whether court erred in awarding over
               two-thirds of marital property to plaintiff when
               order states that property distribution is
               "approximately equal"; whether court erred in
               awarding unequal property shares based on marital
               fault ground where divorce was decreed on no fault

     98-262    Shaughnessy,* John J.    v.   Lewis, Diane
               pro se                        pro se
               Defamation - failure of court to accept petition;
               whether court erred by refusing to accept
               plaintiff's petition on the basis of an order
               requiring plaintiff to pay $2,000 in attorney's
               fees before filing any further pleadings despite
               plaintiff's indigency and inability to make said
               payment; due process; access to courts; equal

     98-299    State of NH         v.   Miller,* Nick
               Attorney General         James E. Duggan
                                        Lia Stuhlsatz
               Driving after certification as a habitual
               offender - failure to dismiss based on State's
               failure to provide substantial corroboration of
               defendant's confession; whether court erred by not
               giving deadlock jury instruction
     98-337    Crown Paper Co. d/b/a    v.   City of Berlin*
               Crown Vantage, James          Robert Upton II
               River-N.H. Electric, Inc.     Charles W. Grau
               Margaret H. Nelson            
               Property tax abatement - proper definition of
               "factory machinery"; whether certain telephone
               poles, wires and equipment are taxable as real
               estate; whether on remand after earlier appeal,
               trial court may reconsider taxability of hydro
               turbines and generators; interlocutory appeal
     98-358    Wakefield School District,* Appeal of
               (public employee labor relations board)
               Michael S. Elwell
               Steven Sacks
               Attorney General
               Unfair labor practice - whether school district
               breached collective bargaining agreement when it
               purchased long term disability insurance that
               included a mental illness limitation; waiver,
               estoppel, statute of limitations; doctrine of
               impossibility; whether requirement for such
               insurance was unenforceable due to failure to
               submit cost items to legislative body for
               approval; whether relief awarded by board was
               outside its jurisdiction

     98-383    Fabich, Kimberly M. v.   Fabich,* Robert A. Sr.
               R. Robert Gaumont, Jr.   John D. Cameron
                                        David J. Braiterman
               Divorce - whether State retirement system
               accidential disability benefits are marital
               property subject to equitable distribution;
               whether accidental disability benefits are
               composed of "retirement component" and "disability
               component"; whether court erred in ordering
               payment of benefits to plaintiff to begin
               immediately rather than at defendant's normal
               retirement age; inequitable property distribution;
               failure to consider plaintiff's retirement plan
               and anticipated workers' compensation award
     98-385    State of NH         v.     Tucker,* Paul
               Attorney General           James E. Duggan
                                          John E. Durkin
               Bribery - whether questioning of defendant aimed
               at determining if defendant was in violation of
               probation constituted "interrogation" for purposes
               of Miranda analysis

     98-413    In re Estate of Scott D. Wiggins
               Gregory M. Sorg, for intervenor Nancy Cruger*
               Kate Strickland, for administratrix
               Probate estate - settlement proceeds; whether
               court has jurisdiction over proceeds of class
               action settlement; whether, in light of limited
               modification that RSA 556:9-:14 makes to common
               law rule against survival actions of tort for
               personal injury or wrongful death, settlement
               proceeds are property of the estate 
     98-418    State of NH         v.        Akeroyd,* Derry
               Attorney General              James E. Duggan
                                             Julia M. Nye
               Welfare fraud - whether applications for welfare
               were admissible under business records exception
               to hearsay rule

     98-421    State of NH         v.   Fall,* Summer R.
               Attorney General         James E. Duggan
                                        Thomas A. Ficarra
               Criminal threatening - sufficiency of evidence;
               denial of bill of particulars; failure of
               indictment to identify victim and lack of
               opportunity to cross-examine victim
     98-437    State of NH         v.   Blake,* Scott Allan
               Attorney General         James E. Duggan
                                        Rebecca A. Ivry
               Driving after certification as a habitual offender
               - whether stop of car constituted illegal seizure
     98-438    State of NH         v.   Demyanovich,* Brian
               Attorney General         Mark L. Sisti
               Second degree assault, criminal threatening -
               denial of trial counsel's motion to withdraw;
               denial of motion to enforce agreement with State;
               denial of opportunity to present evidence of
               insanity; denial of evidentiary hearing on motion
               to enforce agreement; failure to allow counsel to
               make a full record

     98-450    State of NH         v.   Glanville,* Charles
               Attorney General         James E. Duggan
                                        Christopher Keating
               Attempted robbery - whether defendant reasonably
               appeared to the victim to be armed with a deadly
               weapon; legality of investigatory stop; legality
               of protective frisk; whether search of defendant
               exceeded scope of protective frisk; failure to
               delete portions of presentence investigation
     98-469    State of NH         v.   McCabe,* Kenneth
               Attorney General         James E. Duggan
                                        Thomas A. Ficarra
               Reckless conduct, criminal threatening -
               sufficiency of evidence; denial of speedy
               sentence; failure to seal psychiatric records
               submitted for use at sentencing; failure to
               instruct jury on lesser included offense

     98-481    State of NH         v.   Haycock,* Walter
               Attorney General         Stan Hawthorne
               Accomplice to second degree assault - numerous
               issues including speedy trial; conflict of
               interest by prosecutor; sufficiency of indictment;
               whether defendant was competent; denial of
               continuance due to unavailability of witness;
               admission of reputation evidence as to
               truthfulness of witness; jury instructions
     98-482    State of NH         v.   Haycock,* Jack
               Attorney General         James E. Duggan
                                        Sven D. Wiberg
               Second degree assault - sufficiency of indictment;
               sufficiency of evidence; improper argument by
               State regarding prior bad acts and references to
               facts not in evidence; whether testimony regarding
               defendant's failure to give statement to police
               violated his right against self-incrimination

               Note: The court has consolidated 98-137 and 98-