Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - March 2000

      * denotes appealing parties

99-570    State of NH              v.   Munson,* Kenneth
          Attorney General              James E. Duggan
                                        Ray Raimo
                                        Theodore Barnes

          First degree murder - whether indictment required State
          to prove that defendant purposely caused victim's death
          by strangling; whether jury instructions adequately
          specified that jury must unanimously determine which
          act defendant committed; failure of court to
          reconsider, during trial, competency of a witness;
          prohibiting defendant from cross-examining a witness
          ruled incompetent to stand trial regarding that
          incompetency ruling

99-655    Corbin, John             v.   Dowd,* Jeremiah
          Diana G. Bolander             John P. Shyavitz
                                        Neil J. Reardon

          Default judgment - whether defendant is entitled to
          hearing on damages; sufficiency of proof of damages    

99-698    State of NH              v.   Harkins,* Robert D.
          Attorney General              Duncan J. MacCallum

          Second degree assault - numerous issues including
          failure of State to turn over exculpatory evidence;
          limits on closing argument and cross-examination;
          exclusion of prior altercations between defendant and
          victim; admission of inflammatory photographs of victim
          after assault; erroneous jury instructions

99-734    State of NH              v.   Durgin,* Jason
          Attorney General              James E. Duggan
                                        Theodore Barnes

          Second degree assault - whether defendant had standing
          to contest search of apartment; whether probable cause
          and exigent circumstances justified warrantless search;
          whether statements were product of custodial
          interrogation; whether photos were admissible and not
          cumulative; sufficiency of evidence

99-770    Kennedy,* Richard E.     v.   Town of Sunapee, Town of
          Robert I. Morgan              Sunapee Water and Sewer
                                        Martin Gross
                                        Shane Stewart

          Sewer connections - whether RSA 147:8, which allows
          municipalities to extend mandatory sewer connection
          distances, is unconstitutional; whether waiver
          provision that applies only to septic systems approved
          for construction after 1985 is unconstitutional;
          whether ordinance may be enforced where enforcement
          would not achieve any of the facial purposes of the
          ordinance; exclusion of evidence related to validity of
          ordinance's facial purpose of protecting Lake Sunapee;
          equal protection violation; violation of plaintiff's
          non-conforming rights

99-787    Cadle Properties of NH,  v.   Atara Diamond Corp.,*
            Inc.                        Anthony Attalla
          Marc W. McDonald              John R. Michels

          Promissory note - whether motion to reconsider was
          untimely filed; statute of limitations; whether
          guarantee is a negotiable instrument that must be
          separately assigned; whether guarantee was properly
          assigned to plaintiff

99-797    Kuplin, Christian B.     v.   Director, Division of
          Edward M. Gordon              Motor Vehicles*
                                        Attorney General
          Driver's license suspension - driver under 20 years of
          age; whether court erred by ruling that administrative
          rule Saf-C 204.031 is invalid; whether rule
          impermissibly adds to or modifies RSA 263:14 by
          mandating license suspension for conviction of listed
          motor vehicle offenses

99-800    Klemm, Barbara, Robert   v.   Heald,* Joseph
            Klemm                       Tony F. Soltani
          Laura Gandia        

          Construction contract - misrepresentation, defective
          work; jury instruction allowing jury to return a
          verdict for four times the statutory amount where
          statute provides for a sum of no more than three times;
          sufficiency of evidence; whether verdict was
          inconsistent with evidence and the result of mistake;
          failure to exclude expert evidence where plaintiffs
          withheld supplemental reports of expert and part of
          expert's curriculum vitae

99-803    New Hampshire Hospital,* Appeal of
          (compensation appeals board)
          James E. Owers
          Brian C. Shaughnessy
          Attorney General

          Workers' compensation - whether board erred by awarding
          over four years of retroactive benefits and continuing
          benefits when the department of labor had never had an
          opportunity to consider the issue by an original

99-804    State of NH              v.   Milley,* Brandon
          Attorney General              James E. Duggan
                                        Timothy M. Landry

          Criminal threatening, reckless conduct, resisting
          arrest - discovery; whether superior court erred by
          ruling that defendant must turn over reports of
          interviews conducted with witnesses that defendant does
          not intend to call at trial; interlocutory appeal

99-813    Franklin Lodge of Elks*  v.   Marcoux, Sally, Terry
          Matthew J. Lahey              Bergeron-Hoyt, Renee
                                        Labonte, Jo-Ann Labonte
                                        Robert D. Hunt

          Gender discrimination - appeal; whether written
          transcript of agency proceeding must be filed with
          superior court during the 30-day appeal period

99-825    Hiscoe,* Lois, Appeal of
          (compensation appeals board)
          Andrew D. Johnstone
          Michael R. Mortimer
          Attorney General

          Workers' compensation - numerous issues including
          whether board erred by addressing causation issues
          where employer did not request hearing on causation
          issue; whether board erred in finding no causation
          between disability and work-related injury; whether
          board erred in placing burden of proving causation on
          claimant in proceeding brought by employer alleging
          change in condition; sufficiency of evidence

99-826    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                        M. Cherry, Jr., trustee,
          Raymond P. Blanchard          Charles B. Mutrie
                                        Robert A. Shaines

          Trusts - whether probate court erred by granting motion
          to amend order to allow plaintiffs to recover trust's
          ongoing expenses from defendants

00-001    In re Trust Estate of Jacob M. Shulins
          Lanea A. Witkus, for Ann Birchenough*
          Charles Ingersoll, for Bank of NH
          John McIntosh, for Susan Shulins

          Construction of trust - whether court misconstrued term
          "net income" as used in will; whether "net income" is
          ambiguous, requiring extrinsic evidence as to
          testator's intent

00-011    Lockheed Martin Corp.,* Appeal of
          (compensation appeals board)
          Jeffrey H. Karlin
          Brian C. Shaughnessy
          Attorney General

          Workers' compensation - whether claimant is entitled to
          benefits for aggravation of pre-existing condition
          caused by co-workers wearing fragrances; whether
          claimant suffered accidental injury during course of
          employment; whether claimant was subjected to stress at
          work greater than that encountered in daily life;
          whether claimant is entitled to recover for pre-
          existing disability/occupational disease

00-012    Hawkins,* Cassandra      v.   NH Department of Health
          Kay E. Drought                and Human Services
          Kenneth J. Barnes             Attorney General

          Right-to-Know Law - whether State may deny request for
          information existing in computerized data base on basis
          that agency is unable to retrieve data without
          additional programming or expense; failure to apply
          correct legal standard when deciding motion to dismiss

00-013    Town of Seabrook,* Appeal of
          (public employee labor relations board)
          Robert D. Ciandella
          Robert M. Derosier
          John S. Krupski
          Attorney General

          Unfair labor practice - whether union committed unfair
          labor practice by failing to grieve member's dispute
          with employer under collective bargaining agreement
          (CBA) prior to prosecuting wage claim; whether union
          has contractual right not to grieve dispute under CBA's
          binding arbitration provisions; failure to hold
          evidentiary hearing regarding past practice of the

00-019    Harborside Healthcare Corp.,* Appeal of
          (compensation appeals board)
          Stephen J. Schulthess
          Stephen Buckley
          Attorney General

          Workers' compensation - whether claimant proved medical
          causation; whether disability due to latex allergy is
          compensable; whether board erred in finding that single
          use of latex gloves caused development of Type I latex
          allergy; whether claimant entitled to disability
          benefits despite fact that her pre-existing latex
          allergy meant that she had no earning capacity in a
          latex environment prior to the time she commenced her
          employment with the petitioner

00-020    Handley,* Gerald         v.    Town of Hooksett
          Edmund J. Boutin               Barton L. Mayer

          Town election - when validity of protest petition must
          be determined; whether town council had jurisdiction to
          decide adequacy of protest petition after results of
          election were posted; whether town administrator, a
          nonresident, could request review of protest petition;
          whether town erred by combining six zoning amendments
          into one ballot question; failure to give notice to
          protest petitioners of meeting that declared protest
          petition invalid

00-021    Concord School District,* Appeal of
          (public employee labor relations board)
          Edward M. Kaplan
          Timothy A. Gudas
          Steven R. Sacks
          Attorney General

          Public employee labor relations - arbitration award;
          whether board erred in ordering immediate
          implementation of arbitration award while threshold
          issue of arbitrability is pending in an appeal before
          supreme court

00-024    Nash Family Investment   v.   Town of Hudson

          Ballinger Properties and v.   Town of Londonderry
          Five-N Associates General     John J. Ratigan
          Partnership*                  David R. Connell
          John G. Cronin      
          John F. Bisson      

          Excavation activity tax - constitutionality; whether
          assessing mechanism results in disproportionate
          taxation; whether tax was unconstitutionally
          retroactively applied; whether excavation site is
          improper classification of property; equal protection
          violations; whether lack of meaningful right of appeal
          violates due process

00-044    State of NH              v.   Goodwin,* Anita
          Attorney General              Jack Bryan Little

          Violation of protective order - motion to withdraw
          plea; whether plea was intelligently and voluntarily
          made where defendant did not understand that she could
          not have been found guilty of violating a protective
          order contrary to RSA 173-B as alleged in the complaint

          Note: 99-826 is consolidated with 99-380