New Hampshire Supreme Court
Cases Accepted - September 2000
* denotes appealing parties
99-779 Fischer,* David v. Oliver, Jonathan
pro se pro se
Small claims - theft, conversion; whether court erred
in staying prisoner's small claims action until
prisoner is released from prison; interlocutory appeal
00-121 Dean,* Charles, v. MacDonald, John
Jean Dean d/b/a Lee
Edward F. Wallace USA Speedway, NASCAR
Edward Kaplan
Negligence - exculpatory contract; whether court erred
in granting summary judgment to defendants based on
exculpatory contract where plaintiff injured at auto
racing event
00-156 State of NH v. Marti,* Antonio
Attorney General James E. Duggan
Sven D. Wiberg
Aggravated felonious sexual assault - numerous issues
including failure to disqualify county attorney's
office or change venue; prosecutorial misconduct during
trial; allowing the jury to view defendant in shackles;
admission of prejudicial photographs; hearsay;
exclusion of evidence of defendant's impotence and back
problems; exclusion of evidence of victim's bad acts;
sufficiency of evidence
00-157 State of NH v. Porter,* Gary
Attorney General James E. Duggan
Gary Apfel
Kidnapping - motion to set aside verdict; whether court
erred by not setting aside conviction based upon
alternative theory of criminal liability; double
jeopardy; denial of motion without a hearing or
meaningful written statement of reasons for decision
00-184 Brosseau,* Gerald, Petition of
Leonard D. Harden
Attorney General
Simple assault - double jeopardy; whether manifest
necessity existed requiring mistrial
00-186 The Villages at Kessler v. Lanza, Dorina
Farm Condominium Andrew A. Prolman
Association*
Michael F. Merra
Condominium fee dispute - whether court may determine
what constitutes reasonable attorney's fees under RSA
356-B:15, I, where defendant never contested
reasonableness of fees; whether condominium by-laws
require board of directors to vote to accelerate
assessments ten days after notice of default is sent
00-199 State of NH v. Mejia,* Reyes
Attorney General James E. Duggan
James H. Moir
Reckless conduct - whether actual conflict existed due
to trial counsel's previous representation of a State's
witness; ineffective assistance of counsel
00-246 O'Connor,* Sharon v. Town of Exeter, Linda
Keri J. Sullivan Hartson, Town Clerk,
Wendy Stanley Jones,
Chairperson, Board of
Selectmen
William G. Scott
Marcia Kovalik
David C. Engel
Municipal services - water and sewerage; whether town's
decision not to spend municipal funds to improve
defective sewer and drainage system involved
discretionary policy decision, thereby making town
immune from suit for problems flowing from that
decision
00-247 Hunter,* Keith v. Warden, NH State Prison
James E. Duggan Attorney General
Andrew S. Winters
Habeas corpus - parole revocation; whether parolee
waived his right to parole revocation hearing within 45
days by asserting his right to counsel at his hearing
or by failing to complete forms for appointed counsel
00-263 In re Guardianship of Shirley Lanoue
Mark H. Campbell, for David Lanoue, Sr.*
Mitchell P. Utell, for David Lanoue, Sr.*
John D. MacIntosh
Gregg Charest, GAL
Guardianship - whether court erred by authorizing
guardian to create a legal separation of a married
couple, absent evidence of abuse or harm to the ward;
failure of court to identify criteria which if
satisfied would permit reunification
00-285 State of NH v. Currier,* Scott
Attorney General James E. Duggan
Stephen T. Jeffco
Aggravated felonious sexual assault, felonious sexual
assault - admission of photographs of victim; double
jeopardy; allowing overlapping indictments to go to
jury; sufficiency of evidence; whether court erred by
sentencing defendant outside of juvenile code when
offenses occurred while defendant was a juvenile;
failure to grant defendant access to exculpatory
evidence
00-319 Petition of Treelady*
Paula J. Werme
pro se
Post-divorce proceedings - whether court erred by
setting aside award of pension benefits for failure to
timely file qualified domestic relations order; failure
to award attorney's fees
00-348 Sanderson,* Julee, v. Town of Candia, Town of
trustee of Candia Candia Planning Board
Rangeway Realty Trust Barton L. Mayer
Susan V. Duprey
Thomas Quarles, Jr.
Matthew R. Johnson
Municipal regulation - cluster subdivision; numerous
issues including denial of hearing; failure to permit
full discovery; violation of Right-to-Know Law and bias
by planning board member; incorrect construction of
scenic road statute
00-360 State of NH v. Doskocil,* Marcia
Attorney General J. Joseph McKittrick
Aggravated driving while intoxicated - improper
foundation for admission of breath test results; double
jeopardy; admission of defendant's statements made
during custodial interrogation
00-373 State of NH v. Haggett,* David A.
Attorney General James E. Duggan
David M. Rothstein
Witness tampering, criminal threatening - whether
letters were subject to religious privilege; whether
privilege was waived; whether indictment sufficiently
alleged crime of witness tampering; failure to dismiss
indictments
00-387 Stanton,* Robert, Appeal of
(Manchester employees' contributory retirement system)
Katherine A. Hesse
Doris R. MacKenzie Ehrens
Vincent A. Wenners, Jr.
Linda S. Johnson
Attorney General
Public employee retirement benefits - numerous issues
including whether board erred by revoking or reducing
accrued pension benefits; application of improper legal
standards to petitioner; whether board erred in finding
petitioner failed to take action that only the board
was authorized to take; whether petitioner's right to
collect his pension is barred by ERISA or Internal
Revenue Code; whether petitioner is a city employee;
equal protection; breach of fiduciary duty; sufficiency
of evidence; estoppel
00-389 Braun, Carl, Realtor v. Medford Management
Matthew J. Lahey Corporation,* J.M.
Kilmartin & Son, Inc.
Robert R. Lucic
Real estate listing agreement - whether court erred by
requiring defendants to enter into exclusive listing
agreement with plaintiff excluding terms that were
agreed to and including terms not agreed to
00-400 Staffing Network, Inc.,* Appeal of
(compensation appeals board)
Michael R. Mortimer
Andrew D. Johnstone
Attorney General
Workers' compensation - whether minor lifting incident
constituted aggravation of preexisting disc herniation;
whether board erred by allowing pro se claimant to
submit untimely medical records; failure to view the
full evidence; bias
00-402 State of NH v. Bussiere,* Ronald
Attorney General Ray Raimo
Gambling - sufficiency of evidence to prove that
defendant, who was doorman and bouncer at social club,
permitted gambling in a place under his control;
exclusion of evidence of license fee imposed by city on
video poker machines
00-410 Warner,* Emery, Robert v. Ware, Ben
Simpson Andrew Harmon
Anthony McManus
Real property - breach of contract; whether court erred
by granting summary judgment to defendant; whether
court erred by relying upon statute of frauds
00-419 In the Matter of Rosemarie Hatfield* and Thomas
O'Rourke
Kay Oppenheimer
Michael Seaton
Child custody and support - whether court erred in
awarding tax dependency exemption to respondent in
alternate years
00-441 Kraft Foods, Inc.,* Appeal of
(compensation appeals board)
Eric G. Falkenham
Edward W. Stewart, Jr.
Attorney General
Workers' compensation - whether employee injured while
cross-country skiing during employer-sponsered weekend
outing is eligible for workers' compensation benefits
00-442 Strohmeyer, David v. Day,* Beverly
pro se Thomas A. Fredenburg
Landlord-tenant - eviction; whether court erred in
finding no landlord-tenant relationship existed between
the parties
00-447 In re Christina L.
Judy T. Constantian, for Colleen M.*
Paul M. DeCarolis, for Thomas L.
Attorney General
Child abuse and neglect proceeding - whether district
court has authority to remove legal custody from
nonoffending parent absent any petition alleging abuse
or neglect by said parent; whether interstate compact
applies in case where nonoffending parent has custody
of child and moves out of state; whether DCYF policy of
taking legal custody from nonoffending parent who moves
out of state violates State Constitution; whether court
erred by granting motion to dismiss on basis that no
objection was filed; failure to take evidence on claim
that motion was not received by party in timely manner
00-453 State of NH v. Gaffney,* Jason K.
Attorney General Robert J. Roughsedge
Disorderly conduct, criminal trespass - numerous issues
including whether defendant had license or privilege to
remain in police station until he filed his complaint;
whether statute violates right of free speech; whether
speech and conduct directed at police only can
constitute disorderly conduct and criminal trespass;
whether complaint lacks sufficient specificity; failure
to disclose prior exculpatory statements of individuals
involved
00-458 City of Laconia,* Appeal of
(public employee labor relations board)
Mark T. Broth
John E. Friberg, Jr.
John S. Krupski
Public employees - bargaining unit; whether new
performance evaluation system constitutes change of
circumstances under rule; whether board erred in
finding that it was uncontroverted that parties had
reached certain agreements
00-460 State of NH v. Robbins,* Jonathan
Attorney General Gerard J. Boyle
Driving while intoxicated - whether court shifted
burden of proof from State to defendant; sufficiency of
evidence
00-483 Riddle,* Barry v. Director, New Hampshire
Richard N. Foley Division of Motor
Vehicles
Attorney General
License suspension - time to appeal; whether appeal
period from suspension under RSA 263:76 began to run
from date of hearing examiner's report or from date of
actual license suspension notice
00-507 Fichtner, Beth v. Pittsley,* Gordon Jr.
pro se Michael J. Fontaine
Domestic violence - child custody; whether district
court erred by awarding custody of child to plaintiff
in domestic violence proceeding when superior court had
awarded child custody to defendant; whether defendant
abused plaintiff; admission of e-mail where purported
author of e-mail was not present in court