Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - January 2000

      * denotes appealing parties

99-445    In re Ryan D.*
          James E. Duggan
          Sven D. Wiberg
          Attorney General

          Reckless conduct, criminal mischief - juvenile
          proceeding; whether RSA 169-B:46 mandates court
          disclosure of juvenile's name and address following a
          true finding on petition alleging criminal mischief;
          whether juvenile should be allowed to withdraw plea in
          light of court's ruling that juvenile's name and
          address will be disclosed 

99-465    In re Bill F.
          Elliot Berry, for the father*
          Attorney General
          Wayne T. Moynihan, GAL

          Child abuse and neglect - denial of due process by
          permanently depriving father of custodial rights over
          child in absence of any finding that father abused or
          neglected child or is unfit parent; whether father
          waived claim by failure to appeal dispositional order
99-497    State of NH              v.   Farren,* James J.
          Attorney General              James E. Duggan

          Plea withdrawal - numerous issues including whether
          defendant is entitled to appointed counsel; ineffective
          assistance of counsel; whether defendant should have
          been allowed to withdraw plea

99-510    State of NH              v.   Dahood,* Michael
          Attorney General              James E. Duggan
                                        Andrew R. Schulman

          Driving while intoxicated, subsequent offense - whether
          court erred by taking judicial notice that Horizontal
          Gaze Nystagmus (HGN) test is a reliable scientific
          technique; denial of Daubert hearing on reliability and
          admissibility of HGN evidence; whether police officer
          was qualified to interpret results of HGN test; whether
          officer may testify to his opinion that defendant
          "failed" individual field sobriety tests

99-522    State of NH              v.   Cajigas,* John
          Attorney General              James E. Duggan
                                        Joseph C. Malfitani

          Criminal threatening - sufficiency of evidence

99-580    State of NH              v.   Phillips,* William
          Attorney General              James E. Duggan
                                        Andrew D. Correia

          Simple assault - denial of mistrial after witness
          testified to statements of defendant not disclosed to
          defendant by State in pretrial discovery; denial of
          mistrial in light of discussions by one juror with
          other jurors prior to deliberations

99-633    State of NH              v.   King,* Jason
          Attorney General              James E. Duggan
                                        Leonard D. Harden

          Criminal trespass, criminal threatening, conspiracy to
          commit simple assault - sufficiency of evidence;
          whether court erred by sua sponte preventing a witness
          from testifying without providing opportunity for
          witness to invoke his right to remain silent;
          limitation upon defendant's right to cross-examine
          State's witnesses

99-653    Bishop,* Scott E.,       v.   Hanover Insurance Company
            Cindy Bishop                Andrew D. Dunn
          Paul B. Kleinman              James E. Owers

          Uninsured motorist benefits - workers' compensation
          lien; whether defendant is entitled to proceed in
          subrogation against itself to recover its workers'
          compensation lien by filing a claim and demand for
          arbitration of its uninsured motorist proceeds

99-677    Town of Nottingham       v.   Newman,* Diane, Rick

          Newman,* Diane, Rick     v.   Town of Nottingham Board
            Newman                      of Adjustment
          pro se                        Mark Gearreald, for

          Municipal regulation - civil penalties and attorney's
          fees; numerous issues including imposition of civil
          penalty retroactively while case is in dispute in
          court; due process; whether penalties can be imposed
          during period in which court had granted permission to
          keep mobile home on property and while stay of order to
          remove mobile home was in effect; whether town is
          entitled to award of attorney's fees    

99-687    State of NH              v.   West,* Kenneth
          Attorney General              Philip Desfosses

          Felonious sexual assault - failure to exclude
          defendant's confession; admission of prior bad acts
          despite stipulation that defendant would not contest
          mental state of crimes charged; sufficiency of evidence

99-689    State of NH              v.   Voight,* Robert
          Robert Voight            v.   Warden, N.H. State Prison
          Attorney General              James E. Duggan
                                        George H. Ostler

          Arson, insurance fraud - habeas corpus; whether
          $32,083.02 is correct amount of restitution owed;
          whether insurer and police department are "victims"
          within meaning of restitution statute; whether prior
          failure to object to insurer and police department as
          victims waived that issue; denial of habeas corpus
          relief; whether court erred in holding hearing after
          counsel disclosed a conflict of interest

99-696    In re Joshua V.*
          James E. Duggan
          Dennis P. O'Connor
          Attorney General

          Receiving stolen property - failure of juvenile
          petitions to allege that juvenile knew or believed
          property was stolen; sufficiency of evidence

99-704    Electric Insurance,* Appeal of
          Eric P. Bernard
          D. Lance Tillinghast
          Attorney General

          Workers' compensation - misapplication of legal
          standard for statutory construction to resolve all
          factual doubts in favor of claimant; whether claimant
          met burden of proof on medical causation; whether board
          erroneously shifted burden of proof to carrier

99-709    McKenzie, Avis S.        v.   McKenzie,* John Craig
          pro se                        Mark S. Moeller
          Douglas C. Gray               Robert G. Eaton

          Post-divorce proceeding - whether marital master has
          authority to issue supplemental order after supreme
          court has accepted earlier appeal; whether appeal was
          timely; whether master committed plain mathematical
          error in enforcing property distribution provisions of
          divorce decree

99-710    State of NH              v.   Gourlay,* Burton Michael
          Attorney General              James E. Duggan
                                        James H. Moir
                                        Diane Nicolosi

          First degree murder - exclusion of expert testimony
          concerning defendant's mental deficits on issue of mens
          rea; whether defendant was competent to stand trial;
          whether State witness was competent to testify;
          allowing jury to listen to tape-recorded confession of
          defendant during deliberations

99-720    Hillsborough County,* Appeal of
          (public employee labor relations board)
          Carolyn M. Kirby
          Jennifer Springer
          Attorney General

          Public employees - unfair labor practice; whether PELRB
          failed to apply positive assurance test and order union
          to pursue complaint through grievance resolution
          procedure; whether board erred in ruling that nurse had
          right to an assigned shift through shift bidding

99-722    In the Matter of Ingeborg Sasser and Rodney Gagne*
          Attorney General
          Rodney Gagne, pro se

          Paternity and child support - enforcement of foreign
          judgment; whether German court has jurisdiction over
          obligor; whether RSA 546-B:1, XIX provides for
          registration of child support judgment from foreign
          country; whether comity exists between Germany and
          United States regarding registration of child support
          obligations; res judicata; whether support order is
          enforceable while appeal is pending

99-746    Meunier,* Bernhardine, Appeal of
          (board of tax and land appeals)
          Donald F. Hebert
          Walter L. Mitchell
          Daniel D. Crean
          Attorney General

          Property tax abatement - determination of town
          boundary; denial of motion for leave to submit new
          evidence; whether board has subject matter jurisdiction
          to determine location of boundary between adjoining

99-749    Vautour,* David S.       v.   Body Masters Sports
                                        Industries, Inc.
          Robert MeKeel                 Gregory S. Clayton
          Gregory R. Couture            Gregory M. Eaton

          Products liability - leg press machine; whether court
          misapplied elements of strict liability; whether court
          erred in requiring plaintiff to essentially redesign
          defendant's defective product

99-752    City of Laconia,* Appeal of
          (board of tax and land appeals)
          Walter L. Mitchell
          George R. Moore
          Attorney General

          Property tax abatement - whether 1907 legislative grant
          of tax exemption remains valid and applicable; whether
          facility housing the elderly qualified as a public
          charity in whole or in part; whether court erred in
          applying 1907 tax exemption

99-760    Neumann,* Clarice        v.   Village of Winnipesaukee 
          Richard Y. Uchida             Timeshare Owners' 
                                        Association, Inc.
                                        Benette Pizzimenti

          Condominium timeshare association - denial of hearing;
          upholding bylaw allowing board to exercise votes of
          members who did not return proxies or attend meeting;
          whether defendant is exempt from RSA 356-B:39; whether
          plaintiff is entitled to current membership list
          including telephone numbers; whether court erroneously
          allowed use of proxies to defeat motion to adjourn
          despite bylaw limiting such votes to members present at

99-764    Graham,* Elizabeth       v.   Glover, Gerald
          Joshua L. Gordon              Richard A. Mitchell

          Negligence - whether plaintiff agreed to jury of ten
          deciding case; sufficiency of evidence

99-765    McQuade, Paul R., Paul   v.   McQuade,* William P.,
          R. McQuade Investments,       McQuik Stop, Inc.
            Inc.                        Daniel J. Harkinson
          Mark F. Weaver      

          Interest - whether plaintiffs are entitled to interest
          on the judgment calculated prior to the date the equity
          petition was filed; cross-appeal - whether plaintiffs
          are entitled to compounded interest calculated as of
          the date of the imposition of a constructive trust

99-767    State of NH              v.   Sawyer,* Charles
          Attorney General              Mark L. Stevens

          Possession with intent to distribute marijuana/hashish
          - whether plain view exception permits search of sealed
          containers; whether driver can consent to search of
          containers under exclusive control of passengers;
          whether State Constitution permits unlawfully obtained
          statement to be used at trial to impeach defendant

99-768    Grenier,* Valerie, Appeal of
          (compensation appeals board)
          James H. Leary
          Jeffrey H. Karlin
          Attorney General

          Workers' compensation - whether exposure to fumes and
          chemicals at work resulting in disability constituted
          injury or occupational disease within meaning of
          Workers' Compensation Law

     Note: 99-709 consolidated with 99-391.