Judicial Branch, State of New Hampshire

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