Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - February 2001

* denotes appealing parties

00-193	State of NH			v.	Cook,* Lawrence
	Attorney General			David M. Rothstein
						Stephen T. Jeffco

Aggravated felonious sexual assault, felonious sexual assault - denial 
of motion to suppress statements; failure to dismiss on ground that 
jury at first trial failed to follow court's instructions; denial of motion to
suppress evidence from one-party intercept; admission of 
photographs; denial of jury instruction; allowing transcripts of one-
party intercept to go to jury room

00-592	In re Guardianship of Brittany S.
	Christina M. Deslauriers, for Tammy G.*
	John D. Cameron

Petition to terminate guardianship, motion for contempt - denial of 
appointed counsel; whether refusal to appoint counsel in civil action is 
immediately appealable under collateral order doctrine

00-746	State of NH			v.	Horner,* Phillip
	Attorney General			Mark L. Sisti

Felonious sexual assault - admission of documents to prove age of 
victim that failed to comport with Evidence Rules 902, 1002-1005

00-747	State of NH			v.	Demers,* Arthur
	Attorney General			David M. Rothstein
						Kimberly A. Shoen

Driving after certification as habitual offender, driving while 
intoxicated, subsequent offense - statute of limitations; sufficiency of 
evidence; admitting evidence of prior DWI conviction and status as 
habitual offender despite stipulation to the same; allowing State to 
argue that defense that someone else drove onto property was 
invalid because defendant failed to raise the same prior to trial

00-749	State of NH			v.	Powers,* Rob
	Attorney General			David M. Rothstein
						Nancy A. DeAngelis

Imposition of suspended sentence - sufficiency of evidence that 
defendant knowingly exposed his genitals

00-754	Galvin,* Gerald	v.	Superintendent, House of
	David Horan		Corrections  
				Attorney General	  
				
Imposition of deferred sentence - whether all deferred sentences 
contain implied condition of good behavior; whether court erred by 
imposing deferred sentence for conduct not violating express condition 
of deferment

00-756	State of NH			v.	Stratton,* Richard
	Attorney General			Rodkey Craighead, Jr.

Permitting gambling - failure to quash indictments; denial of jury 
instructions on conscious avoidance and jury nullification; exclusion 
of evidence of license fees charged by city for video poker machines; 
denial of discovery of confidential informant; failure to suppress 
identification; allowing detective to demonstratively testify as expert 
that video poker machines were gambling machines

00-758	Constantly Pizza,* Appeal of
	(compensation appeals board)
	Eric G. Falkenham
	Edward H. Moquin
	Attorney General

Workers' compensation - whether decedent employee's blood alcohol 
content of .07% at time of fatal car accident was evidence of 
intoxication; whether board erred in rejecting expert testimony that 
decedent's blood alcohol level substantially impaired his ability to 
operate motor vehicle; whether employee's act of drinking alcohol 
while making pizza deliveries constituted serious and willful 
misconduct; failure to rule on requests for findings of fact 

00-768	Finsen,* Mark		v.	Vermont Mutual Insurance
	B. Michael Cormier		Company
					Gregory S. Clayton

Fire insurance - statute of limitations; whether insurer improperly 
invoked notice provision in RSA 407:15; whether insurer required to 
give plaintiff second notice under RSA 407:15 after plaintiff files a 
voluntary non-suit; whether plaintiff may bring second suit after one-
year "saving" period in RSA 508:10 has expired when original three-
year statute of limitations has not expired

00-773	Rinker,* Earl A. III, Petition of
	(NH Retirement System)
	John E. Durkin
	Attorney General

State retirement system - whether board of trustees has authority to 
grant antecedent retirement benefits; failure to grant antecedent 
benefits; whether board relied upon facts not in evidence

01-063  Sirrell, Evelyn, Kenneth     v.	State of NH and
	Fox, Russell Wakefield	       	Department of Revenue 
	Thomas Closson     		Administration*
	Daniel Schwarz              	Attorney General
	           			Arthur Greene
					John F. Hayes

Uniform education property tax – whether current tax system meets 
requirements for valuation at least every 5 years; whether tax for 
1999 and 2000 tax years was reasonable and proportional; whether 
proportional and reasonable tax can be achieved through tax 
system, including local assessment and statewide equalization; 
whether burden of proof improperly shifted to State; whether 
repayment of $800 million is required; whether tax should remain in 
effect while executive and legislative branches correct system