Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - July 1999

      * denotes appealing parties

98-470    State of NH              v.   Michaud,* David
          Attorney General              James E. Duggan
                                        Stephen A. White

          False reports to law enforcement - admission of hearsay

98-569    Breton, Cheryl, Mathew   v.   EMRE of New Hampshire
          Michaud                       Corporation d/b/a Norwood
          William J. Schubert           Real Estate,* Tri-State
                                        Home Inspections, Inc.,
                                        Lynn Mojave, Paul         
                                        Raymond, Walter Griffin,  
                                        Kenneth Jordan
                                        David S. Phillips

          Real estate sale - breach of contract,
          misrepresentation, Consumer Protection Act violation;
          whether real estate agents are liable for latent
          defects in house; whether court erred by entering
          judgment on count previously dismissed, and against
          defendant named only in that count; excessive damage
          award; whether defendants violated Consumer Protection
          Act; whether court erred in awarding damages under
          Consumer Protection Act based on findings which
          plaintiffs never pled

98-703    In re Christopher B.
          Paula J. Werme, for Christopher B. Sr.*
          Howard A. Roever, for Cara B.
          Lisa Walker, for DCYF
          Stephanie Drouin

          Abuse and neglect proceeding - denial of motion for
          immediate return of child; proper standard for return
          of child to non-abusing parent; violation of due
          process when custody of child vested in DCYF without
          consent of father

98-796    Cosseboom, Charles       v.   Town of Epsom*
          Michael Donovan               Tony F. Soltani

          Municipal regulation - whether zoning ordinance exempts
          parcel from frontage, size, and acreage requirements;
          whether plaintiff is required to obtain special
          exception or variance; whether court erred by allowing
          plaintiff to assert new grounds for appeal not raised
          before ZBA or in appeal petition

99-082    Moore,* Raymond J., Jr., Appeal of
          (compensation appeals board)
          Paul S. Moore
          Shawn Sullivan
          Jeffrey Karlin
          Attorney General

          Workers' compensation - failure to apply
          recurrence/aggravation standards to claimant's on-going
          work-related condition; denial of benefits absent
          evidence that claimant suffered distinct and
          extraordinary trauma-inducing event resulting in non-
          work related aggravation of his ongoing compensable
          condition; whether claimant's asthmatic condition was

99-097    Tucker,* Paulina L;      v.   Merchants Insurance       
          individually and as           Group
          mother and next friend        Gordon A. Rehnborg
          of Martin and Jason
          David J. KillKelley      
          Thomas J. Cote

          Automobile liability insurance - cancellation for
          nonpayment; whether notice of cancellation was
          sufficient under RSA 417-A; whether statement of reason
          for cancellation ("nonpayment") was sufficient where
          statute requires that the specific reason "nonpayment
          of premium" be stated 

99-124    State of NH              v.   Dame,* Christopher
          Attorney General              James E. Duggan
                                        Carol Gray

          Imposition of suspended sentence - whether court erred
          in relying on uncorroborated confession; consideration
          of prior uncharged misconduct; sufficiency of evidence;
          whether defendant is an "offender" and whether court
          erred in ordering defendant to pay restitution for
          burned car absent any related criminal conviction 

99-136    Forbes Farm Partnership* v.   Farm Family Mutual 
          Arend R. Tensen               Insurance Company
                                        James Spink               
                                        C. Nicholas Burke      

          Farm package insurance - stray voltage losses; whether
          insurer required to give notice that suit must be
          initiated within one year; whether insurer waived its
          right to assert one-year limitation period; estoppel

99-166    State of NH              v.   Black,* Jennifer
          Attorney General              James E. Duggan
                                        Stuart Dedopoulos

          Second degree assault - numerous issues including
          failure to require State to present certain evidence or
          instructions to grand jury; denial of bill of
          particulars and request for deposition; consolidation
          of charges; admission of prior bad acts; admission of
          hearsay as excited utterance; sufficiency of evidence

99-182    Hollins, Susan Ph.D.     v.   Della Badia,* Joseph, 
          K. William Clauson            individually and as 
                                        superintendent of SAU 22,
                                        School Administrative 
                                        Unit 22
                                        Thomas T. Barry
                                        John F. Teague

          Municipal employment - wrongful discharge; whether
          school superintendent had authority to issue nonrenewal
          notice; allowing amendment to add new claim; failure to
          exhaust administrative remedies; collateral estoppel;
          attorney's fees; sufficiency of evidence; failure to
          reconvene jury; cross-appeal - whether court erred in
          dismissing counts as to covenant of good faith,
          wrongful discharge, civil rights violation (due
          process), and implied contract

99-254    State of NH              v.   Guiheen,* John
          Attorney General              James E. Duggan
                                        Theodore Barnes

          Felony stalking - ineffective assistance of counsel;
          failure to grant a mistrial 

99-270    State of NH              v.   Moore,* Thurman
          Attorney General              James E. Duggan
                                        Christopher Keating

          First degree assault, second degree assault, criminal
          restraint - failure to suppress identification
          resulting from suggestive photo array; whether
          defendant, who was intoxicated, knowingly,
          intelligently, and voluntarily waived Miranda rights;
          refusal to permit cross-examination of victim as to
          whether injuries resulted in lasting impairment to her
          health; hearsay; admission of prejudicial videotape of
          defendant undergoing booking process; sufficiency of

99-278    State of NH              v.   AmeriGas Propane, LP*
          Attorney General              Nicholas K. Holmes

          Failure to provide proper slope on horizontal vent
          connector - whether statute of limitations barred
          prosecution of State Fire Code violation; failure to
          exclude evidence that death occurred due to carbon
          monoxide poisoning in residence; failure to instruct
          jury as to mistake of fact; whether State must prove
          that defendant was given opportunity to correct alleged
          deficiency; whether court erred in sentencing defendant
          to probation; whether fine was unconstitutionally

99-283    Town of Salem*           v.   Wickson, Richard
          Diane M. Gorrow               James Troisi

          Municipal regulation - whether current use of lot for
          stockpiling earth materials is substantially similar to
          prior use; whether town required to prove irreparable
          harm to obtain injunction in zoning action; whether
          past stockpiling was unrelated to farm activities

99-291    State of NH              v.   Sprague,* Lester
          Attorney General              James E. Duggan
                                        Sven D. Wiberg

          Burglary - sufficiency of evidence; whether trial was
          barred by State's failure to meet time limits of the
          Interstate Agreement on Detainers; whether evidence
          regarding boot prints invaded province of jury

99-292    Seacoast Fire Equipment,* Appeal of
          (department of labor)
          Benjamin T. King
          Allen Hendrigan, pro se
          Attorney General

          Whistleblowers' Protection Act - whether employer
          terminated claimant's employment for nondiscriminatory
          reasons and whether claimant proved such reasons were
          pretextual; whether claimant failed to comply with RSA

99-304    State of NH              v.   Magnan,* Marie
          Attorney General              James E. Duggan
                                        Timothy Landry
                                        Ghazi Al-Marayati

          Attempted first degree assault, second degree assault -
          numerous issues including whether police entry into
          home was unreasonable search and seizure; whether
          granting State's requests for discovery violated
          defendant's right against self-incrimination; admission
          of evidence that defendant had been suicidal; hearsay;
          whether State proved defendant not acting in self-
          defense; sufficiency of evidence

99-306    Hill, John H. III,       v.   Town of Chester,* Town of
          Deborah Simard-Hill           Chester Zoning Board of
          Sumner F. Kalman              Adjustment
                                        David R. Connell

          Municipal regulation - whether self-created hardship
          rule in zoning variance cases extends to cases where
          landowner fails to make available lot line adjustment
          to add necessary area to undersized lot; whether zoning
          board was unreasonable in finding a self-created
          hardship; whether plaintiffs had actual or constructive
          notice of lot's substandard status

99-307    Cover, Christine R.      v.   LaBonte, Ronald, Vermont
          Richard G. Smith              Mutual Insurance Company*
                                        Gregory S. Clayton

          Homeowners insurance - declaratory judgment; whether
          statutory exception for accident, mistake or misfortune
          and not neglect for failure to file action within six
          months was satisfied; interlocutory appeal

99-310    Schiavoni,* Priscilla J. v.   Waterville Valley Ski 
          Elizabeth G. Rose             Area, LTD
                                        Joseph M. McDonough, III

          Negligence - ski area immunity; whether court erred in
          granting motion to dismiss based on RSA 225-A:24

99-327    Cote,* Louis, Appeal of
          (compensation appeals board)
          Christopher E. Grant
          Benjamin T. King
          Andrew A. Merrill
          Attorney General

          Workers' compensation - permanent impairment; whether
          board erred by rejecting evidence of permanent
          impairment from only doctor who examined petitioner;
          whether board erred by applying compensation rate
          effective in 1994 when petitioner was injured in 1985;
          failure to base permanent impairment compensation on
          average weekly wage when petitioner reached medical
          endpoint in January 1994; estoppel; whether board acted
          arbitrarily in soliciting opinion from both parties by
          a doctor and then rejecting submission of supplemental

99-336    Swan,* Joseph Jr., by    v.   Hickey, Oscar
          mother and next friend        pro se
          Warreen Lovett                Christopher T. Regan
          John Pierce Kalled            for intervenor, Reta      

          Sexual assault and battery -  whether attachment
          expired in 1996; whether court erred in denying motion
          to enforce levy and execution upon judgment

99-345    Bulva,* David, Petition of         
          (NH Retirement System)
          James G. Noucas, Jr.
          Peter T. Foley
          Attorney General

          Ordinary disability benefits - whether RSA 100-A:6
          denies due process by prohibiting board from granting
          disability benefits absent certification from board-
          designated physician that petitioner is incapacitated
          from duty regardless of evidence presented by
          petitioner; sufficiency of evidence

99-370    Sugar River Mills        v.   Donovan,* Elizabeth
          William Howard Dunn           Patricia Wallace

          Landlord-tenant - eviction; whether landlord created
          new tenancy by accepting payment on rental arrearage
          without providing prior written notice that it would
          proceed with eviction in spite of its acceptance of the