Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - August 2001

00-366 State of NH v. Sanchez,* Miguel
Attorney General Appellate Defender
Stephen A. Cherry
Possession of cocaine with intent to distribute - sufficiency of evidence; failure to appoint new counsel at sentencing hearing; ineffective assistance of counsel
00-573 Starr,* Darren & a. v. Governor, Commissioner, NH

pro se
Department of Corrections
Attorney General
Prison canteen sales - surcharge for victim's assistance fund; whether RSA 261:5 violates plaintiffs' equal protection and due process rights; violation of ex post facto prohibitions
01-039 State of NH v. Looney,* William
Attorney General Appellate Defender
Richard E. Samdperil
First degree assault, aggravated driving while intoxicated, felony conduct after accident, second degree assault, criminal mischief, disobeying a police officer – sufficiency of evidence; whether police officer voluntarily working security detail at nightclub is a law enforcement officer acting in line of duty; admission of photographs; denial of request to reinstruct jury so that jury could consider lesser included offenses
01-194 Muldowney,* Mark v. Nashua-Somerset Associates, LP
pro se Robert W. Watson, Jr., manager, pro se
Landlord-tenant – return of security deposit; awarding "reletting fee" to landlord when lease does not provide for such a fee
01-296 State of NH v. Knight,* Mark
Attorney General Appellate Defender
Joseph C. Malfitani
Felonious sexual assault – whether court erred by excluding juvenile delinquency records of victim and her brother
01-311 State of NH v. Locke, Danny*
Attorney General Appellate Defender
Katherine Cooper
Second degree murder, first degree assault, conspiracy to commit murder – numerous issues including whether defendant was in custody during police interrogation; denial of speedy trial; failure to dismiss second degree murder indictment based on admission by attorney general; failure to admit attorney general's statement as admission of party opponent; limitations on cross-examination; sufficiency of evidence
01-315 Hamilton, Heather v. Borak,* Mark
John A. Macoul Jean-Claude Sakellarios
Domestic violence – whether court erred by requiring defendant to pay more child support than is called for under guidelines; whether court erred by amending its temporary order to a final order; whether final order on domestic violence petition was unfair as being less remedial than punitive
01-321 Kesney,* Judith, Petition of
Ann N. Butenhof
Judith Jones
Attorney General
Medical assistance – whether department violated Medicaid law by conditioning petitioner's eligibility on signing a reimbursement agreement; whether notices were confusing and violated due process; sufficiency of evidence; failure to inform petitioner that her effort to satisfy a verification request was inadequate; whether request for fair hearing encompassed termination of "Medicare buy-in" benefits
01-324 In re Alyssa L.
In re Joshua L.
In re David D.
John J.A. Schrepfer, for mother*
Attorney General
Termination of parental rights – numerous issues including sufficiency of evidence; whether statutory amendment was retroactively applied; erroneous reliance upon DCYF's social study and GAL report; whether failure to find housing due to financial constraints justified termination; whether termination was in children's best interests
01-325 Lawyers Title Insurance Corporation v. Groff,* David M., Esquire
Arnold Rosenblatt Peter G. Beeson
David P. Eby
Legal malpractice, breach of contract – numerous issues including erroneous imposition of vicarious liability; whether court erred in holding attorney liable under subrogation claim; exclusion of new agency agreement form used by plaintiff; whether seller's fraud constituted superseding intervening cause; award of attorney's fees; whether fees awarded were excessive
01-329 In the Matter of Jeanne Jasper O’Neil and Norman E. O’Neil
Attempted intervenor, Wells Fargo Equipment Finance, Inc.*
Patrick F. Harrigan for Ms. O’Neil
Norman E. O’Neil, pro se
John L. Ahlgren
for Wells Fargo
Divorce – whether family division has authority to permit creditor to intervene in divorce proceeding; whether court erred by adopting language in permanent stipulation that may extinguish attachment on marital residence; whether divorce decree extinguished creditor's attachment
01-335 State of NH v. Hoag,* Kenneth E.
Attorney General Appellate Defender
James D. Quay
Dawnangela Minton
Aggravated felonious sexual assault, felonious sexual assault, kidnapping, criminal restraint – whether failure of trial court to review victim's counseling records was harmless error
01-337 Hultgren,* Paul N., June T. Hultgren v. Drouin, Richard N., Jean M. Drouin
Edmond J. Ford
Marc W. McDonald
Elaine Baillargeon
Misrepresentation, breach of warranty covenants – default; granting motion to dismiss due to lack of objection; whether petition states a claim; whether court erred in failing to vacate default
01-341 State of NH v. Michaud,* David
Attorney General Appellate Defender
James H. Moir
Witness tampering – failure to sever charges; failure of trial judge to recuse himself; failure to compel production of police records; failure to set aside verdict due to alleged Giglio violations by State
01-343 State of NH v. Fowle,* James L.
Attorney General Paul Twomey
Criminal threatening – sufficiency of evidence; whether court erred by limiting production of victim's mental health record to a period of six months prior to date of offense
01-344 Drew,* Douglas, Appeal of
John P. McGee, Jr. for Mr. Drew
Paul B. Kleinman for Vivax Medical Corporation (now defunct; possibly now known as Mediq/PRN Life Support Services, Inc.) and Royal and Sunalliance Insurance Co.
Attorney General
Workers' compensation – whether employment agreement had been modified to reduce average weekly wage; whether petitioner was no longer temporarily totally disabled; whether employer proved that numerous jobs existed that would restore petitioner to his prior earnings
01-352 State of NH v. McCooey,* John D
Attorney General Edward T. Clancy
Disorderly conduct – sufficiency of evidence; whether defendant can be guilty of disorderly conduct for sarcastic comment made at school absent any showing of school disturbance
01-382 Progressive Northern Insurance Company* v. Commerce Insurance Company
Robert E. Murphy, Jr.
John A. Lassey
Paul B. Kleinman
Automobile liability insurance – whether court misconstrued policy provisions; whether there exists a rational interpretation of policies favoring coverage; whether court erred by applying Massachusetts rule of construction that ambiguity is not construed against the insurer
01-392 State of NH v Gifford, Matthew
*Honorable Richard E. Galway filed interlocutory transfer
Attorney General Appellate Defender
Julia M. Nye
Aggravated felonious sexual assault, felonious sexual assault – whether RSA 628:1 bars the prosecution of a 22-year-old defendant for sexual assaults committed while he was 13 years old; interlocutory transfer without ruling