Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - July 2000

	* denotes appealing parties

99-115    State of NH              v.   Gibson,* James
          Attorney General              James E. Duggan
                                        Tony Hutchins
                                        
          Probation violation - sufficiency of evidence
          
99-527    Morgenstern,* Thomas     v.   Town of Rye
          Anna Barbara Hantz            Michael L. Donovan
          Morgan A. Hollis
          
          Municipal regulation - zoning; whether zoning ordinance
          is constitutional on its face or as applied, where it
          divests owner of all right to make any economically
          beneficial use of property and defeats vested rights;
          whether court applied wrong standard under Fisher v.
          Dover, 120 N.H. 187 (1980)
          
99-724    State of NH              v.   Bixby,* Richard
          Attorney General              James E. Duggan
                                        Brian McEvoy
                                        
          Conspiracy to commit burglary - sentence suspension;
          whether court abused its discretion in denying motion
          to suspend sentence
          
00-111    State of NH              v.   Robinson,* Richard
          Attorney General              James E. Duggan
                                        Brian McEvoy
                                        
          Possession of marijuana - denial of motion to discover
          identity of confidential informant; denial of motion to
          dismiss or to compel grant of immunity to witness;
          allowing State to amend indictment; admission of
          evidence claimed to be marijuana absent testing by
          crime lab; failure to give missing witness instruction
          regarding witness who asserted Fifth Amendment rights
                         
00-133    First Essex Bank         v.   McMenimen,* Brian
          Wendy R. Olinsky              Leonard W. Foy III
          
          Promissory note, fraud - whether notice of hearing
          satisfied due process; denial of motion to continue;
          denial of motion to reconsider and for new trial

00-139    State of NH*             v.   Heirtzler, Joseph
          Attorney General              James E. Duggan
                                        Andrew F. Cotrupi
                                        
          Possession and distribution of LSD - motion to
          suppress; whether court erred in holding that referral
          of suspicious incident to school authorities by school
          resource officer was sufficient to make school
          authorities state agents; interlocutory appeal
          
00-143    State of NH              v.   Brien,* Mark E.
          Attorney General              Shawn J. Sullivan
          
          Driving while intoxicated - motion to suppress; whether
          police were justified in stopping vehicle
          
00-261    McGraw, Richard          v.   Exeter Region Cooperative
          Paul McEachern                School District,* Oyster
                                        River Cooperative School
                                        District, John Stark
                                        Regional School District,
                                        Contoocook Valley School
                                        District, Winchester 
                                        School District
                                        Stephen G. Hermans
                                        David H. Barnes
                                        Daniel E. Will
                                        Kimberly A. Burke
                                        
          Cooperative school district - approval of bonds;
          whether amendment to RSA 33:8 allowing approval of
          bonds by vote of 3/5 of the voters violates equal
          protection or part I, article 39 of the NH
          Constitution; interlocutory transfer
          
00-276    In the Matter of James B. Pasquale and Ann Marie
          Pasquale (now Paulson)*
          Doreen F. Connor
          Richard G. Follender
          
          Post-divorce proceedings - child custody; whether court
          erred by ordering immediate implementation of a custody
          change despite pendency of appeal; whether court erred
          by awarding sole legal and physical custody to father;
          whether Perreault standard met

00-288    Rogowicz, Debora-Marie   v.   O'Connell,* William J.
          Attorney General              James E. Duggan
                                        Jennifer B. Sobel
     
     
          Criminal contempt - private prosecution; whether family
          division has jurisdiction over indirect criminal
          contempt charge; whether legal assistance attorney
          could prosecute charge; denial of jury trial;
          sufficiency of evidence; failure to dismiss for
          discovery order violation; denial of de novo appeal to
          superior court
          
00-289    State of NH              v.   Kidder,* Steve
          Attorney General              James E. Duggan
                                        Diane M. Nicolosi
                                        
          Criminal threatening - admission of statements in
          violation of Miranda; failure to give self-defense jury
          instruction; whether court properly answered jury
          questions; exclusion of defendant's medical records
          
00-295    Gammans,* Richard,       v.   FHP Constructors, Inc.,
            Gwendolyn Gammans           WedgCor, Inc.
          Kevin H. O'Neill              Gary Burt
          
          Civil action - costs; whether prevailing party is
          entitled to recover as costs hotel accommodations,
          telephone charges, meals, car rentals, taxi fares,
          highway tolls, parking charges, and airfare of non-
          expert witness at deposition and trial; whether
          prevailing party may recover deposition transcript
          costs; failure to follow proper procedures in allowing
          costs
          
00-300    Vorras Corp.             v.   Town of Londonderry
          Robert M. Parodi              Planning Board*
                                        David R. Connell
                                        
          Municipal regulation - subdivision appeal; whether
          court erred in approving subdivision plan on the ground
          that planning board's statement of reasons, adopted
          after-the-fact on remand, was not the actual reason for
          its decision; attorney's fees
          
00-305    Daudier, Yvonne O.       v.   Wal-Mart Stores, Inc.*
          David L. Nixon                Alexander J. Walker
          Kevin M. Leach
          
          Negligence - trip and fall on sidewalk; whether court
          erred by instructing jury on hedonic damages

00-310    Dobles, Barbara          v.   Moore Center Services,
          Jennifer Rood                           Inc.*
          Jon Meyer                     Dona Feeney
          
          
          Negligence - vicarious liability; numerous issues
          including denial of comparative fault jury instruction;
          whether defendant could be liable for acts of
          independent contractor under inherently dangerous
          activity doctrine; jury instructions; erroneous
          admission of expert testimony
          
00-312    Meredith Housing         v.   Nigro,* Shyla, Frank
          Association                   Paquin
          pro se                        Elliott Berry
          
          Landlord-tenant - eviction; failure of trial court to
          consider evidence that welfare entity offered in timely
          fashion to pay rent demanded
          
00-331    State of NH              v.   Lackie,* Christopher
          Attorney General              George H. Ostler
          
          Possession of a controlled drug - insufficient
          foundation to admit bags of dried marijuana; failure to
          dismiss felony indictment for manufacturing controlled
          drug at end of State's case which resulted in acquittal
          by jury 
          
00-337    McNamara, Marilyn        v.   Moses,* Robert J., Sandra
          Billings, William             A. Moses, Eagle Rock
          Vargas                        Estates Assoc. Inc.,
          Russell F. Hilliard           James McGinnis, Gail
                                        Coad, Anthony Periera,   
                                        Virginia Periera
                                        Robert J. Moses
                                        Peter W. Bennett
                                        Morgan Hollis
                                        Andrew Prolman
                                        
          Property dispute - cutting of trees; admission of
          opinion evidence based on hearsay as to value of felled
          trees; whether damages were speculative; whether court
          erred by awarding multiple damages
          
00-343    In the Matter of Robert L. Beganie* and Marsha A.
          Beganie
          Robert F. Bossie
          Richard J. Joyal
          
          Divorce - improper distribution of retirement plan
          assets
          
00-344    State of New Hampshire,* Appeal of
          (transportation appeals board)
          Attorney General
          Jeffrey A. Meyers
          
          Contracts - road construction; failure of board to
          analyze the possibility of a patent ambiguity in the
          contract; whether board erred in construing contract as
          a unilateral insurance contract; whether board erred in
          finding ambiguity