Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - September 1999

      * denotes appealing parties

98-471    In re Wesley B.*
          James E. Duggan
          Andrew D. Correia
          Attorney General

          Arson - juvenile petition; whether juvenile was
          competent; exclusion of defendant's expert witness from
          courtroom; whether juvenile was in police custody;
          whether juvenile's statements to police were voluntary;
          sufficiency of evidence

99-377    State of NH              v.   Monjes,* Rozinia
          Attorney General              James Duggan
                                        Kent E. Smith

          Driving after certification as habitual offender -
          grant of motion to redact; failure to dismiss based on
          improper identification of the defendant; sufficiency
          of evidence

99-386    Harding, Laura, Adrienne v.   Harding*, Eugene H.,
          Harding, Elizabeth Rose       Kenneth Harding
          Kristen Lewis                 Eugene Harding, pro se

          Divorce - real estate partition; whether court erred in
          signing final decree where appeal was in progress and
          parties had no notice; conversion from tenancy with
          right of survivorship to tenancy in common; ordering
          sale of property without first ordering estate to clear
          IRS liens; ordering sale of extra lot where estate did
          not have sufficient equity to pay for its share of the

99-388    State of NH              v.   Doucette,* Christopher
          Attorney General              James E. Duggan
                                        Joachim H. Barth
                                        Randy Hawkes

          Second degree murder, conspiracy to commit murder -
          whether court's jury instructions impermissibly amended
          indictment; failure to instruct jury that it must be
          unanimous with respect to basis for accomplice
          liability; failure to instruct jury that it must
          unanimously find that defendant committed specific acts
          alleged in indictment 

99-389    State of NH              v.   Cannon,* Michael
          Attorney General              James E. Duggan
                                        Dennis P. O'Connor
                                        Keith Barnaby

          Aggravated felonious sexual assault - numerous issues
          including exclusion of victim's prior sexual history;
          exclusion of testimony of witness who was disclosed
          late; denial of motion to recall witness; exclusion of
          reputation and opinion evidence that victim was not a
          truthful person; admission of hearsay; limiting
          evidence on consent defense to facts described in
          discovery; admission of irrelevant and prejudicial
          statement by defendant to police after arrest; jury
          instruction that if jury accepted victim's testimony,
          jury could reach a verdict based on that evidence alone

99-390    State of NH              v.   Cannon,* Michael
          Attorney General              James E. Duggan
                                        Dennis P. O'Connor
                                        Keith Barnaby

          Aggravated felonious sexual assault, felonious sexual
          assault - numerous issues including denial of
          deposition of victim's mother; denial of expert
          services; failure to order discovery regarding victim's
          medical history; failure to grant mistrial; double
          jeopardy; adoptive admission; denial of request to
          impeach victim with inconsistent statements; whether
          court's jury instruction on corroboration of
          complainant's testimony was erroneous; failure to
          adequately instruct jury as to mens rea of "knowingly";
          improper response to jury question

99-404    State of NH              v.   Park,* Darryl
          Attorney General              James E. Duggan
                                        Charles F. O'Leary

          Aggravated felonious sexual assault, felonious sexual
          assault - limiting cross-examination of victim's
          mother; whether State failed to establish that six-
          year-old victim possessed "breasts"; failure to set
          aside verdict based on affidavit from juror as to
          reason for his vote

99-414    Burgon Tool Steel        v.   Industrial Machine
          Company Inc.*                 Tool, Inc.
          John J. Ryan                  Suzanne Woodland

          Breach of contract - motion to stay pending
          arbitration; whether purchase order was an offer and
          the contract in this case; whether contract was formed
          under Uniform Commercial Code as a result of purchase
          order and subsequent payment of purchase price and
          shipment of machine

99-416    H.J.H., Inc.,* Pierre   v.    Cleary, Charles F., and
          Bug Inc., Marielise Wagner    Wadleigh, Starr,         
          William  E. Aivalikles        Peters, Dunn and         
                                        Kevin M. Leach
          Negligence, breach of fiduciary duty,
          misrepresentation, assumpsit - whether court erred in
          dismissing suit and amendments to suit as violative of
          statute of limitations

99-419    State of NH,* Appeal of
          (public employee labor relations board)
          Attorney General
          Michael C. Reynolds

          Unfair labor practice - whether State entitled to treat
          arbitrator's decision as advisory only under collective
          bargaining agreement (CBA); whether PELRB misconstrued
          CBA provision dealing with layoffs; sufficiency of

99-421    East Coast Conference    v.   Town of Swanzey
          of the Evangelical            Gary J. Kinyon
          Covenant Church of
          America, Inc.*
          Richard B. Couser        

          Property tax exemptions - whether plaintiff lacked
          sufficient definite purpose and sufficient public
          character to be a charity; whether lodging and
          recreational facilities of religious camp are exempt
          under religious exemption; attorney's fees