Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - April 1999

98-243    State of NH*             v.   Kamasinski, Theodore
          Attorney General              pro se
          
          Unauthorized practice of law - original petition
          seeking injunction to prevent defendant, who has been
          found by superior court to be a citizen who is not of
          good character, from unauthorized practice of law

98-378    State of NH              v.   Lieber,* Michael
          Attorney General              James E. Duggan
                                        Howard A. Clayman
                                        
          Criminal contempt - failure of defendant to appear at
          probable cause hearing; whether all elements of offense
          occurred in presence of court as required for finding
          of direct summary criminal contempt
          
98-502    Donna R.,* Petition of
          Janet F. DeVito
          Attorney General
          Judith A. Roman, GAL
          
          Abuse and neglect proceeding - review hearing; absent
          testimony from a mental health expert, was
          dispositional modification order that Donna R. cannot
          adequately parent her children supported by sufficient
          evidence; failure to hold evidentiary hearing;
          inadequate notice; whether DCYF plan for long term
          foster care must include conditions parent must meet to
          regain custody

98-541    Buzzell,* Richard, Appeal of
          (compensation appeals board)
          James H. Leary, for the claimant
          Jeffrey H. Karlin, for Goulet Siding & Windows 
          Attorney General
          
          Workers' compensation - whether board applied correct 
          legal standard and burden of proof in determining
          whether claimant was employee or independent
          contractor; whether board adequately addressed
          conflicting contracts between the parties; reliance
          upon documents signed by parties rather than totality
          of circumstances

98-553    Rapore, Jonathan David   v.   Gehring,* Louis Bo
          W.E. Whittington, IV          K. William Clauson
          
          Unpaid legal fees - default judgment; whether court
          awarded attorney's fees not actually paid by plaintiff,
          in violation of fee agreement; sufficiency of evidence;
          whether court erred in computing interest
          
98-591    State of NH              v.   Cristaldi,* Mark
          Attorney General              James E. Duggan
                                        Patrick W. Fleming
                                        
          Taking automobile without owner's consent -
          restitution; whether due process violated by ordering
          defendant to pay restitution for damage to automobile
          absent any evidence that defendant's use of automobile
          had any connection to cause of damage
          
98-659    Littleton Stamp & Coin,* Appeal of
          (compensation appeals board)
          Donna M. Head
          Jeffrey Karlin
          Sylvia Wright, pro se
          Attorney General
          
          Workers' compensation - whether board erred in holding
          Commercial Union responsible for workers' compensation
          benefits for cumulative trauma injury where Liberty
          Mutual was the carrier when disability began; date that
          claimant's disabling condition occurred
          
98-660    State of NH              v.   Dumont,* Robert
          Attorney General              James E. Duggan
                                        Christopher M. Keating
                                        
          Probation violation - whether court erred in preventing
          defendant from introducing evidence to contradict facts
          underlying restraining order issued by district court;
          whether court erred in finding defendant violated
          probation by not paying restitution and not going to
          counseling where defendant testified he was willing to
          do both but did not have the money to do either

98-835    In re Paulette Amirault and Alan Lee Amirault*
          Barbara E. Taylor
          Patti Blanchette
          
          Divorce - whether testimony of one party can be used as
          basis for property division absent corroboration when
          other party is unable to be present at hearing;
          admission of and reliance by court upon allegations of
          sexual abuse by respondent against petitioner's sisters
          20 years ago in deciding fault for purpose of unequal
          property division; whether delay in divorce proceedings
          due to respondent's unrelated criminal proceedings
          violates Part I, Article 14 of the New Hampshire
          Constitution

98-836    In the matter of Edith L. DuBuc (Tomasko)* and Vincent
          E. DuBuc
          Ellen M. Joseph
          Barbara J. Griffin
          
          Post-divorce proceedings - denial of request to allow
          plaintiff to relocate to Montana with children; right
          to travel; due process; improper modification of
          custody
          
99-002    State of NH*             v.   Bain, Robert Jr.
          Attorney General              James E. Duggan
                                        Carl D. Olson
                                        
          Simple assault, criminal threatening - whether court
          erred by dismissing complaints absent violation of
          rights to speedy trial or effective assistance of
          counsel, where defendant was not prejudiced by alleged
          bad faith of prosecutor, and where there is no
          indication that court considered alternative sanctions
          
99-013    Jackson,* Thomas, Appeal of
          (compensation appeals board)
          Benette Pizzimenti
          Thomas Kelliher
          Attorney General
          
          Workers' compensation - improperly placing burden of
          showing continuing disability upon petitioner; whether
          board erred in considering petitioner's condition as of
          1998 when issue appealed was petitioner's condition in
          1994; whether board erred in finding earning capacity;
          failure of employer to attempt to return petitioner to
          employment or offer vocational rehabilitation services;
          denial of motion in limine
          
99-016    Iannelli,* Nicholas and  v.   Burger King Corporation
          Jodiann, individually         Robert Backus
          and as p/n/f of Nicole,
          Jeremy, and Renee Iannelli
          Steven L. Maynard        
          
          Negligence - whether defendant owed duty of care to
          plaintiffs; whether disputed facts existed precluding
          grant of summary judgment
          
99-025    State of NH              v.   Negron-Carabello,* Jorge
          Attorney General              James E. Duggan
                                        Richard E. Samdperil
                                        Andrew D. Correia
                                        
          Reckless conduct with a deadly weapon - sufficiency of
          evidence that defendant placed another in danger of
          serious bodily injury; whether RSA 651:2, II-g violates
          State Constitution by impermissibly limiting the
          sentencing judge's discretion
          
99-050    State of NH              v.   Holmes,* William
          Attorney General              James E. Duggan
                                        John F. Lake
                                        
          Accomplice to theft - sufficiency of evidence
          
99-068    State of NH              v.   Kulas,* Paul
          Attorney General              Timothy E. Bush
          
          Aggravated felonious sexual assault - admission of
          testimony from attorney as to whether she believed
          victim; exclusion of evidence from victim's journal
          regarding alleged sexual assault by third party;
          admission of evidence regarding prior assault by
          defendant on victim; sufficiency of evidence
          
99-070    Kijek,* L. Cletus, Appeal of
          (department of labor)
          Charles G. Douglas
          Steven E. Hengen
          Attorney General
          
          Whistleblowers' Protection Act - where employee
          terminated in violation of Act, did department of labor
          err by denying request for reinstatement based on
          after-acquired evidence defense; sufficiency of
          evidence
          
99-088    State of NH              v.   Dumas,* Arturo
          Attorney General              James E. Duggan
                                        Barbara R. Keshen
                                        Donna J. Brown
                                        
          Manslaughter - motion to suppress; whether defendant
          had capacity to knowingly, voluntarily, and
          intelligently waive his Miranda rights
          
99-102    State of NH              v.   Walton,* Robert
          Attorney General              Paul Twomey
          
          Aggravated felonious sexual assault - sufficiency of
          evidence; whether State argued facts not in evidence
          during closing argument
          
99-109    State of NH              v.   Yarrington,* Eugene
          Attorney General              Andru H. Volinsky
          
          Possession of marijuana with intent to sell - search
          warrant; whether affiant made material misstatements in
          support of warrant
          
99-194    State of NH*             v.   Galgay, Philip A.
          Attorney General              Eugene Struckhoff, III
          
          Driving while intoxicated - whether investigatory stop
          of defendant's car was supported by reasonable,
          articulable suspicion