| 99-604 | State of NH | v. | Clark,* Jacob, Aaron Murray |
| Attorney General | Pro se |
||
| Unregistered vehicle - admission of hearsay |
|||
| 00-748 | In re Megan T.; In re Craig T. Brian P. McEvoy, for the mother* Attorney General |
||
| Termination of parental rights - sufficiency of
evidence; use of wrong legal standard; admission of hearsay (social study) |
|||
| 01-438 | State Farm Mutual Insurance Co. | v. | Pitman,* Kenneth |
| Gordon A. Rehnborg, Jr. Mary Ann Dempsey |
Blake E. Sutton | ||
| Uninsured motorist coverage – whether question
of whether automobile accident is a covered "accident" under policy must be
viewed from point of view of the tortfeasor or the point of view of the injured insured |
|||
| 01-446 | In the Matter of Lurvey, Jean and James D. Lurvey* | ||
| Jennifer A. Lemire Karen L. Heller Elizabeth Cazden |
|||
| Post-divorce modification – alimony; whether
alimony can be increased absent any unforeseen substantial change in financial
circumstances and absent any findings as to the parties' needs and ability to pay; whether
petitioner carried burden of proving substantial and unexpected change in financial
circumstances; whether court erred in ordering permanent alimony in light of likely
pension benefits recipient will receive |
|||
| 01-557 | State of NH | v. | McLellan,* Ronald |
| Attorney General | Appellate Defender Timothy M. Landry |
||
| Aggravated felonious sexual assault – double
jeopardy; collateral estoppel; whether court should have limited evidentiary hearing on
sentencing to a review of evidence offered at a prior trial regarding prior convictions |
|||
| 01-579 | State of NH | v. | Retzke,* Ruth |
| Attorney General | Mark Sisti |
||
| Second degree assault – double jeopardy;
whether court erred by denying motion for mistrial with prejudice; failure to remedy
prosecution generated error by barring testimony of State's expert; whether retrial would
violate double jeopardy |
|||
| 01-594 | Sintros, Michael M., Thomas M. Sintros* | v. | Hamon, Thomas, Horace Mann Insurance Companies |
| Roger B. Phillips | Mark L. Mallory |
||
| Negligence – whether insurance agent has duty
to recommend adequate liability and uninsured motorist coverage; must plaintiff prove a
special relationship with insurance agent in order to impose duty; whether on facts of
this case plaintiffs could prove special relationship |
|||
| 01-604 | Littleton Stamp and Coin Company, Inc.,* Appeal of | ||
| Jeffrey H. Karlin Donna M. Daneke Sylvia Wright Attorney General |
|||
| Workers' compensation – successive carrier
dispute; whether board incorrectly applied standard set forth in Appeal of Commercial
Ins. Co., 145 N.H. 356 (2000) |
|||
| 01-605 | State of NH | v. | Melvin,* David F. |
| Attorney General | Appellate Defender Landya B. McCafferty |
||
| Aggravated felonious sexual assault, felony
indecent exposure – whether court erred by applying mandatory life sentence provision in
RSA 632-A:10-a, III |
|||
| 01-607 | State of NH* | v. | Rollins-Ercolino, Tracie |
| Attorney General | James H. Moir |
||
| Vehicular assault – whether court erred by
dismissing complaint on grounds that RSA 265:79-a violates the mens rea
requirement of RSA 626:2, I, and because the statute shifts the burden of proof by
providing that evidence of a motor vehicle violation is prima facie evidence of an element
of the offense |
|||
| 01-612 | MDR Corporation Henry Torromeo |
v. v. |
Town of Fremont* Town of Fremont* |
| Sumner Kalman | John J. Ryan |
||
| Inverse condemnation – whether plaintiffs were
required to prove that 1999 growth ordinance was unconstitutional to recover damages for
temporary loss of economic use of property; whether plaintiffs were entitled to damages
solely on basis of holding that ordinance was invalid by reason of a procedural defect |
|||
| 01-616 | State of NH | v. | Tassinari, Michael* |
| Attorney General | R. Peter Decato |
||
| Violation of protective order – whether
defendant effectively waived his right to de novo appeal and jury trial when waiver was
made before district court jury trial project was terminated; whether defendant was
entitled to de novo appeal to superior court; sufficiency of evidence |
|||
| 01-617 | State of NH | v. | Gardner,* Linda |
| Attorney General | Christopher J. Seufert |
||
| Driving while intoxicated, conduct after an
accident – admission of unavailable declarant's inculpatory statement; hearsay;
confrontation clause; failure to suppress defendant's statement to police absent Miranda
warnings; permitting officer to give opinion as to truthfulness of unavailable declarant's
statements |
|||
| 01-619 | Appeal of Donald Collyns* | ||
| Stephen C. Brown for Mr. Collyns Eric Falkenham for Defern Contracting Attorney General |
|||
| Workers' compensation – whether board erred by
terminating weekly benefits because petition for reinstatement was filed more than four
years after last payment of benefits; whether board applied wrong standard in classifying
cause of claimant's present total disability; whether board erred in finding that
claimant's 1997 re-injury of his back was only a temporary aggravation of his underlying
back condition |
|||
| 01-621 | In re Matthew H.* | ||
| Laura J. Brevitz for Matthew H. Appellate Defender Attorney General Lou Goslinski |
|||
| Juvenile delinquency – violation of speedy
trial and due process rights; whether court erred by sua sponte continuing
dispositional hearing without juvenile's express consent |
|||
| 01-625 | M.S.E.A. Realty Corp.* | v. | Astro Waste Services, Inc., Waste Management, Inc. and Republic Services, Inc. |
| John G. Cronin John F. Bisson |
James M. Cassidy | ||
| Breach of real estate lease – default; whether
court erred by refusing to schedule trial on remaining claim of defendant's liability for
default judgment entered against its wholly owned subsidiary; denial of jury trial |
|||
| 01-629 | Reed,* Louise | v. | City of Manchester and County of Hillsborough |
| Mark H. Campbell | John A. Curran |
||
| Negligence – whether plaintiff was required to
present expert medical testimony |
|||
| 01-635 | Town of Hooksett* | v. | Baines, Sidney |
| Barton L. Mayer | pro se David W. Hess for intervenor Hooksett Sewer Commission |
||
| Municipal government – sewer commission;
whether court erred in ruling that term limit provision of town charter is invalid;
whether sewer commission is subject to municipal charter or votes of the legislative body
of the town; whether sewer commission can only be abolished by a vote of citizens of town |
|||
| 01-638 | State of NH | v. | Decato,* Nicholas |
| Attorney General | George H. Ostler |
||
| Aggravated felonious sexual assault – exclusion
of evidence of sex discussion that occurred immediately prior to assault; sufficiency of
evidence |
|||
| 01-639 | Ford Motor Company* | v. | Meredith Motors d/b/a Meredith Ford |
| James E. Higgins Robert R. Lucic Nicholas T. Christakos |
Gregory A. Holmes Stephanie A. Bray |
||
| Motor vehicle industry board appeal – numerous
issues including whether RSA chapter 357-C applies retrospectively; whether Ford dealer's
protest was barred by the limitations period for market area realignments; application of
same standards to market area realignments and dealer relocations |
|||
| 01-641 | Ward,* Jay M., and Celeste Ward | v. | Berky, Timothy J., d/b/a T.J. Berky Builders and Park Avenue Builders, Inc. |
| Robert M. Derosier Philip L. Pettis |
Charles A. Griffin Keri Marshall |
||
| Construction contract – arbitration; failure to
correct arbitrator's use of erroneous method of calculating damages and misuse of doctrine
of quantum meruit |
|||
| 01-643 | State of NH | v. | Andreson,* Keith |
| Attorney General | Appellate Defender James F. Laura |
||
| Criminal restraint, obstructing report of a
crime, simple assault, criminal mischief, criminal threatening – imposition of extended
sentence; failure of State to produce victim at trial; admission of victim's statement;
admission of photographs without proper foundation or chain of custody; sufficiency of
evidence |
|||
| 01-647 | Elverson, Richard and Bridget Elverson | v. | J J Ludwig, Inc. and The Ludwig Company, Inc.* |
| Marc A. Pinard | Andrew A. Prolman |
||
| Breach of contract – home construction; where
buyer authorizes seller to assign contract, and seller assigns contract to builder, can
seller be jointly liable for builder's faulty work; whether damages for faulty workmanship
include profit to plaintiff's estimator and overhead costs when writ failed to plead these
additional damages; whether court must apportion damages between defendants |
|||
| 01-665 | State of NH | v. | Pelletier,* Steven |
| Attorney General | Appellate Defender Paul J. Garrity Richard Monteith |
||
| Aggravated felonious sexual assault, felonious
sexual assault – admission of testimony from defendant's wife regarding defendant's
sexual habits; marital privilege; allowing physician to testify to opinion of a
regenerating hymen without conducting a hearing as to the reliability of this opinion;
admission of opinions of population studies and mixing of DNA samples without conducting a
hearing as to reliability of opinion; admission of opinions not disclosed to defense
counsel or contained in expert reports; denial of mistrial after prosecutor made attacks
on defense counsel and rendered personal opinions as to reliability of certain pieces of
evidence |
|||
| 01-681 | Premo, Rita | v. | Martineau,* Angela |
| pro se | Wendy E. Roberts |
||
| Disorderly conduct – private prosecution;
whether class A misdemeanor complaint may be prosecuted by private citizen without
authorization from a prosecuting authority; interlocutory transfer |
|||
| 01-718 | Guglielmo, Michael, Sr., Lisa Ballas, Joseph Conroy, Christine Morris and Thomas Coronna on behalf of themselves and all others similarly situated | v. | WorldCom a/k/a MCI WorldCom Communications, Inc.*, ILD Telecommunications, Inc. a/k/a Intellicall Operator Services, Inc., and ILD Teleservices, Inc. |
| Kenneth G. Bouchard Thomas G. Ferrini |
James P. Bassett and Adam H. Charnes for WorldCom,
Inc. Garry R. Lane and Gregory F. Harley for ILD Teleservices, Inc. and ILD Telecommunications, Inc. |
||
| Unlawful restraint of trade, Consumer Protection
Act – overbilling on interstate collect telephone calls from State Prison; whether
"Filed Tariff Doctrine" preempts state-law complaint |
|||
| 01-729 | In re Baby Girl P. | ||
| Joshua L. Gordon for adoptive parents* Colton Letcher, pro se Kerry B. Moore for biological mother |
|||
| Adoption – whether NH or Arizona law applies;
whether court erred by waiving requirement that biological father claim paternity before
mother consents to adoption; failure to recognize father's failure to file his existence
with Arizona Putative Fathers Registry; failure to order home-study of biological father's
residence before placing child there |
|||