Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - August 1999

         * denotes appealing parties
98-517    State of NH              v.   Timmons,* Richard
          Attorney General              James E. Duggan
                                        Bruce R. Jasper
          Imposition of deferred sentence - whether defendant
          received notice of specific claim of alleged failure to
          testify truthfully; sufficiency of evidence

98-547    State of NH              v.   Nason,* Melissa
          Attorney General              James E. Duggan
                                        Michael C. Shklar
          Imposition of deferred sentence - sufficiency of
          circumstantial evidence; failure to require presentence
          report upon resentencing

98-780    Piper, Beth, David       v.   Hillside Estates 
          Dipietro, Steven W.           Condominium Association*
          Nickson                       Scott W. Flood
          Mark C. Rouvalis              Timothy J. Arel
          Sarah B. Knowlton             
          Condominium association - attorney's fees; whether court
          erred in awarding attorney's fees to petitioners under
          RSA 356-B:15, which only authorizes attorney's fees to be
          awarded to the unit owners' association; whether any
          statutory ground or case law exception authorizes the
          award of attorney's fees

99-125    Peterson,* Ralph D.,     v.   Town of Dummer, Michael D.
          Jeannette L. Peterson         Dandeneau, Ruth C.
          Jack P. Crisp, Jr.            Dandeneau                
                                        James E. Michalik
          Petition to quiet title -  whether town is bound by
          representations of elected official to purchaser
          regarding boundaries of land owned by town; estoppel;
          relationship between warranties and covenants given by
          town as seller of realty and RSA 477:34 and RSA 231:43

99-312    Hammell,* Michael        v.   Warden, NH State Prison
          James E. Duggan               Attorney General
          Gary Apfel
          Habeas corpus - whether superior court has concurrent
          jurisdiction to try misdemeanor that took place within
          territorial jurisdiction of district court designated to
          be regional jury trial court; whether court erred in
          refusing to consider issues that could have been raised
          on direct appeal; denial of speedy trial; denial of
          probable cause hearing

99-315    State of NH              v.   Douthart,* Richard
          Attorney General              James E. Duggan
                                        Caroline L. Smith
          First degree murder - failure to order State to preserve
          through audio recordings all statements of co-defendant;
          failure of State to preserve exculpatory evidence;
          exclusion of evidence of co-defendant's prior conduct;
          whether "acquittal first" jury instruction barred jury
          from considering all defenses

99-317    Tilton Associates a/k/a  v.   Tilton Variety, Inc. d/b/a
          Tilton Plaza Associates,      Ben Franklin Crafts
          L.P.*                         Charles W. Chandler
          Arthur G. Greene              
          Glenn A. Perlow
          Landlord-tenant - commercial property; collateral
          estoppel effect of bankruptcy court order permitting
          assumption and assignment of executory contract; whether
          plaintiff had opportunity to fully and fairly litigate
          issues before bankruptcy court; denial of motion to

99-319    Slope Side Realty Trust* v.   Loon Mountain Recreation
          Francis X. Quinn, Jr.         Corporation, Loon Realty
                                        Kevin M. Fitzgerald
          Easements - default; denial of motion to strike default
          without a hearing; whether plaintiff demonstrated
          accident, mistake or misfortune; whether court erred in
          entering default; whether court erred in striking motion
          for summary judgment

99-323    In the Matter of Mark W. Peirce* and Joy N. Peirce
          John A. Macoul      
          Keri Marshall
          Post-divorce proceedings - modification; whether
          petitioner must show reason to modify original agreement
          when seeking three-year statutory readjustment of support
          under RSA 458-C:7; failure to adjust petitioner's
          financial obligations; failure to find substantially
          changed circumstances; failure to provide petitioner with
          credit for monies received by respondent from third party

99-332    State of NH              v.   Lee,* Michael
          Attorney General              James E. Duggan
                                        Patrick W. Fleming
          Robbery - sufficiency of evidence that defendant used a
          deadly weapon; whether court erred by admitting testimony
          that police found three knives in possession of other
          occupants of car

99-341    Boger, Cynthia L.        v.   Valliere,* Reginald R.,
          William S. Orcutt             Indian Rock Village      
                                        Condominium Association,  
                                        and Ludger Roy d/b/a
                                        Advanced Septic Service
                                        Kenneth M. Brown
          Negligence - personal jurisdiction; whether service of
          process made at defendant's former abode was sufficient
          to give court personal jurisdiction over defendant

99-342    In re Phineas F.*
          James E. Duggan
          Jeffrey S. Levin
          Attorney General
          Simple assault - juvenile; whether court forfeited
          jurisdiction when disposition hearing was not held within
          thirty days of the adjudicatory hearing

99-353    In re Randy N.*
          James E. Duggan
          Carol Gray
          Attorney General
          Criminal threatening - whether district court had
          jurisdiction over petitions that had been previously
          dismissed due to violation of juvenile time limits under
          RSA 169-B:7; denial of right to seek clarification of
          order from issuing judge; speedy trial violation
99-357    State of NH              v.   Carter, * Donald
          Attorney General              James E. Duggan
                                        Julia M. Nye
          Sentence modification - whether disclosure of uncharged
          offense as prerequisite to completion of conditions of
          sentence violates right against self-incrimination or due

99-373    O'Sullivan, Jean C.      v.   O'Sullivan,* Dennis D.
          Cynthia M. Weston             Ralph Stein
          Divorce - whether court erred in basing alimony and child
          support upon defendant's combined income from two jobs;
          failure to set termination date for alimony; failure to
          rule upon requests for findings and rulings; failure to
          deviate from child support guidelines where defendant
          obliged to support two post-separation children; failure
          to address rights of post-separation children to living
          standard equal to that of children from the marriage

99-380    Royal Oak Realty Trust,  v.   Modita Realty Trust,*
          Ernest M. Cherry, Jr.,        Beverly P. Mutrie,
          Trustee, Ernest M.            Trustee, Lone Pine
          Cherry, Jr., Carole M.        Realty Trust, Ernest
          Cherry, Individually          M. Cherry, Jr., Trustee,
          Raymond P. Blanchard          Charles B. Mutrie
                                        Robert A. Shaines
          Joint venture - trusts; numerous issues including whether
          court misconstrued joint venture agreement; whether
          trustee breached fiduciary duty to trust; placement of
          burden of proof on trust beneficiaries to prove trustee's
          misuse of funds where trustee failed to keep proper
          records; sufficiency of evidence

99-383    State of NH              v.   Duquette,* Roger
          Attorney General              Rodkey Craighead, Jr.
          Securities fraud, theft by deception - sentencing;
          whether defendant is entitled to credit against his
          prison sentence for time spent pretrial under home
          confinement; whether condition of sentence limiting
          future ability to engage in investment work or self-
          employment is undue restriction on defendant's liberty
          and autonomy

99-391    In the Matter of Avis S. McKenzie and John C. McKenzie*
          Douglas C. Gray               
          Mark S. Moeller
          Robert G. Eaton
          Post-divorce proceedings - whether court made
          mathematical error in dividing assets; whether court
          abused its discretion by considering post-decree motion
          to enforce that essentially sought reconsideration of
          property distribution in divorce decree

99-395    Hynes,* Stephen,         v.   Hale, Karen D., Board of
          Trustee for Holiday           Manufactured Housing
          Acres Venture Trust           Patricia Wallace
          d/b/a Holiday Acres           Attorney General
          Mobile Home Park
          Denis O. Robinson                  
          Manufactured housing - whether board of manufactured
          housing is unlawful usurpation of judiciary power by an
          executive tribunal; whether board lacked jurisdiction
          over fence issue after tenant had been served with notice
          to quit; whether movant implicitly granted permission for
          six foot fence; whether board may issue injunctive relief

          NOTE: The court has consolidated 98-517 and 98-547.