| 0-673 | State of NH | v. | Auger,* Ryan | |
| Attorney General | Jaye Rancourt Vigue |
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| Interlocutory transfer - Imposition of sentence - whether a non-criminal violation level offense triggers imposition of a suspended sentence | ||||
| 01-083 | State of NH | v. | Demeritt,* Robert | |
| Attorney General Sven D. Wiberg | Sven D. Wiberg |
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| Negligent homicide, reckless
conduct – numerous issues including allowing evidence of defendant’s invocation of his right to remain silent; misleading introduction of prior convictions; exclusion of evidence of victim’s history of reckless driving; failure of judge to recuse herself; State’s failure to preserve exculpatory evidence; failure to give requested jury instruction; double jeopardy; hearsay |
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| 01-092 | Perry, I. Chester | v. | Haley, Elmer C., Evelyn Haley, Intervenors G. Malcolm McNeil,* Gordon B. McNeil, Trustee of the McNeil Trusts |
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| Peter G. Hastings | Fay E. Melendy David J. KillKelley for intervenors intervenors |
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| Boundary dispute – petition for new trial; whether court erred in summarily denying new trial based on newly discovered evidence; due process | ||||
| 01-132 | Rose,* Maureen Grant Kidd |
v. | Town of Derry Steve Clark for intervenor Freedom Park Park Associates: Paul DeCarolis |
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| Municipal regulation – site plan approval; whether Freedom Park acquired vested rights to seek site plan review; whether failure to submit site plan is a minor procedural violation | ||||
| 01-139 | In the Matter of John N. Hoxie* and Debra D. Hoxie | |||
| R. James Steiner for
John N. Hoxie Eaton W. Tarbell, Jr. for Debra D. Hoxie |
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| Divorce decree –whether court erred in concluding parties had meeting of the minds concerning disposition of personal property | ||||
| 01-195 | Kelsea,* Richard | v. | Town of Pembroke | |
| pro se | Robert Upton, II | |||
| R. James Steiner for
intervenor, Wright Communications, Inc. |
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| Municipal regulation – special exception; whether special exception was for a tower of a specific size; whether evidence supported finding that all conditions were met for special exception; whether court erred in finding that ZBA could reasonably disregard testimony of expert | ||||
| 01-214 | Devanna, William,* E. Calvin Daughtrey, Homeplate Corp., Steven Hopkins, Sally Hopkins, Tatjana Lane, Philip Lussier, Daniel McAvoy, Herbert Newton, Craig Rawnsley, Jeff Robie, Julie Robie, Donald Snell, JoAnn Snell | v. | Town of Kingston | |
| Russell F. Hilliard | Peter J. Loughlin |
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| Road reclassification – whether town legally and constitutionally reclassified road as class A trail; whether plaintiffs suffered damages as a result of the trail classification | ||||
| 01-218 | Lamarche,* Eric, Petition of | |||
| Behzad Mirhashem Attorney General |
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| Sentence review division – whether sentence review division erred by increasing sentence to the statutory maximum | ||||
| 01-229 | City of Nashua | v. | Scrap Metals, Inc.* (Successor in interest to ASG Disposal Services, Inc. and ASG Services, Inc.) | |
| James M. McNamee, Jr. | Gary H. Bernier |
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| Municipal landfill – quantum meruit and contract action; failure to dismiss action based on successor liability; allowing plaintiff to amend writ; statute of limitations; sufficiency of evidence; failure to recuse plaintiff's counsel | ||||
| 01-241 | State of NH | v. | Wright,* Brian | |
| Attorney General | Appellate Defender Andrew S. Winters |
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| Possession of narcotic drug – whether police may impound vehicle without express contemporaneous request of property owner; whether exclusionary rule applies to results of inventory search after vehicle was unlawfully impounded; failure of police to comply with established policy for inventory searches; whether officer had probable cause to believe defendant committed a violation in his presence | ||||
| 01-242 | State of NH | v. | Hammell,* Michael | |
| Attorney General | pro se |
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| Driving after certification as a habitual offender – motion to dismiss indictment and amend sentence – whether indictment alleges only misdemeanor offense rather than felony; due process; failure to allege and prove predicate offense necessary for felony conviction | ||||
| 01-244 | State of NH | v. | Connor,* Nicholas | |
| Attorney General | Appellate Defender Patrick W. Fleming |
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| First degree assault – denial of funds to hire expert for psychological evaluation of defendant | ||||
| 01-258 | State of NH | v. | Savini,* Donald E. | |
| Attorney General | Appellate Defender Dennis P. O’Connor |
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| Indecent exposure – statute of limitations; sufficiency of evidence; admission of prior bad acts | ||||
| 01-259 | State of NH | v. | Dupont,* Timothy | |
| Attorney General | Appellate Defender Julia M. Nye |
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| Aggravated felonious sexual assault, felonious sexual assault – numerous issues including sufficiency of indictments; denial of bill of particulars; sufficiency of evidence; denial of mistrial; failure to suppress police interrogation; admission of various statements defendant made to victim; hearsay; admission of uncharged acts; whether court erred by telling jury that defendant's statement constituted direct evidence | ||||
| 01-270 | State of NH | v. | Rosario,* Lorenzo | |
| Attorney General | Appellate Defender Raylene Wentz-Fischer |
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| Sale of controlled drug, sale of drug while on bail – admission of certificate of analysis over objection; sufficiency of evidence; double jeopardy; whether RSA 597:14-b applies when defendant was not on bail when he was convicted; cruel and unusual punishment; whether court erred by imposing consecutive state prison sentence contrary to RSA 597:14-b | ||||
| 01-275 | State of NH | v. | Reyes,* Jose | |
| Attorney General | Appellate Defender Paul J. Bennett |
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| Criminal restraint, obstruction of justice, simple assault – denial of motion for new counsel, requiring defendant to proceed pro se; double jeopardy | ||||
| 01-284 | Lawrence J. Dupont d/b/a Pine Garden Mobile Home Park | v | Hypse,* Ronald, Therese Hypse | |
| William Philpot, Jr. | Alvin E. Nix, Jr |
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| Landlord-tenant – eviction from manufactured housing park; whether eviction was retaliatory; whether landlord waived eviction case; whether tree sap dripping on car materially affected leasehold; whether landlord acted in bad faith; whether park rule regarding tree trimming was reasonable; whether tenants violated tree trimming rule | ||||
| 01-286 | State of NH* | v. | Ware, Benjamin | |
| Attorney General | Andrew Cotrupi |
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| First degree assault, reckless conduct with firearm – motion to suppress; whether court applied incorrect legal standard in determining that defendant was in custody; whether facts support finding that defendant was in custody | ||||
| 01-287 | Liberty Mutual Insurance Company,* Appeal of | |||
| John B. Schulte Richard J. Walsh Attorney General |
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| Workers' compensation – whether board erred in awarding attorney's fees based on contingency fee agreement; erroneous award of interest on medical bills; failure to consider evidence on motion for rehearing that contradicted finding that petitioner failed to timely pay respondent's medical bills | ||||
| 01-288 | In the Matter of Cheryl A. Coderre and Paul A. Coderre* | |||
| Keri J. Marshall for
Cheryl Coderre Mary Ann Callanan for Paul Coderre Elizabeth Cazden for Paul Coderre |
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| Divorce – child support; absent finding of special circumstance, may court order parent to pay support under guidelines plus all uninsured medical expenses and 78% of children's expenses for extracurricular activities; whether court imposed substitute for alimony upon respondent without making findings required for an alimony award; whether child support ordered is unjust | ||||
| 01-290 | State of NH | v. | Glanville,* Charles | |
| Attorney General | Paul Twomey |
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| Attempted armed robbery – motion to suppress; whether officer had reasonable suspicion of criminal activity to detain defendant on the street; whether police had reasonable belief that defendant was armed; whether search exceeded scope of protective frisk; whether defendant was arrested without probable cause | ||||
| 01-292 | Von Handorf,* James, Appeal of | |||
| Peter G. Webb for Von
Handorf Paul L. Salafia for City of Nashua Attorney General |
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| Workers' compensation – whether employer is relieved of obligation to pay disability benefits when injured employee received replacement income in the form of sick leave during his disability | ||||
| 01-294 | State of NH | v. | Ellison, Marie* | |
| Attorney General | Philip Desfosses |
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| Resisting arrest, simple assault – application by court sua sponte of federal tort law to exclude evidence; failure to hold evidentiary hearing; exclusion of evidence of pattern of police conduct supporting claim that police arrested defendant for no good reason in racially charged atmosphere | ||||
| 01-302 | In the Matter of Laurier A. St. Onge* and Diane M. St. Onge | |||
| Peter M. Solomon for
Laurier A. St. Onge Joseph L. Hamilton for Diane M. St. Onge (Serinsky) |
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| Post-divorce proceedings – whether court erred by declining to reduce alimony | ||||
| 01-303 | Marin Way Investments Corp | v | True Products Sampling Inc.* | |
| Arthur Randlett | Mark F. Sullivan |
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| Landlord-tenant – commercial lease; whether terms of lease prevent application of right to cure under RSA 540:9; whether tenant had cured non-payment of rent three times within 12 months; whether notice to quit was sufficient; whether parties to commercial lease may waive terms of RSA chapter 540 | ||||
| 01-306 | State of NH | v. | Brown,* Kevin C. | |
| Attorney General | Paul Twomey |
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| Driving while intoxicated – admission of result of horizontal nystagmus gaze test; sufficiency of evidence; imposition of maximum sentence without hearing from parties beforehand | ||||
| 01-307 | Richards,* Tina E., Robert J. Richards | v. | Conway, Kevin | |
| Kevin M. Leach David L. Nixon |
Carol L. Hess Linda E. Frass |
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| Negligence – personal injuries; use of defense-oriented pattern jury instructions; whether damages awarded were insufficient; failure to award damages for loss of consortium; cross-appeal – exclusion of cross-examination of plaintiff's expert regarding possible alternative explanations for herniated disc; excluding testimony regarding expert's reliance upon learned treatise; exclusion of evidence of prior personal matters related to marital relationship and personal history when plaintiff claimed loss of consortium and hedonic damages | ||||
| 01-308 | McGrath, David* | v. | Town of Canaan | |
| Daniel G. Smith | Timothy Bates |
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| Municipal regulations – water and sewer service; whether minimum charge for sewer and water is reasonable; failure of court to consider town's failure to adhere to its water ordinances; whether quarterly availability charge is illegal; failure to find town in violation of statutory requirement to make annual reports on condition of water and sewer systems; denial of attorney's fees | ||||
| 10-314 | State of NH | v | Bridgewater,* Brian | |
| Attorney General | Appellate Defender Christine Haydinger |
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| Criminal mischief – sentencing; whether court violated due process by considering unsubstantiated belief that defendant forced defense witnesses to commit perjury when it imposed sentence | ||||
| 01-320 | In re Adam M. | |||
| Attorney General for
the State * Robert Daniels for father Paula Werme for mother Stacy Evans GAL |
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| Child neglect petition – whether court erred by not finding that the child was neglected in light of father's inability to discharge his responsibilities to and for the child because of his incarceration | ||||
| 01-322 | In the Matter of Louise P. Werden and David B. Werden* | |||
| Patrick T. Hayes for
David Werden Thomas P.Mullins for Louise Werden |
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| Post-divorce proceedings – failure to vacate default judgment; whether court erred by issuing final divorce decree based on petitioner's proposed order without a hearing; failure of trial court to recuse itself | ||||
| 01-323 | Petition of K & N Hospitality Group, Inc.* | |||
| Richard Nolan Foley for
K & N Hospitality Group, Inc. Robert P.Sullivan for City of Portsmouth Aiden J. Moore for Bureau of Liquor Enforcement and Licensing Attorney General |
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| Liquor license application – whether liquor commission violated due process by failing to follow its own rules and orders; whether denial of license violated equal protection | ||||
| 01-330 | Vickerry Realty Co. Trust* | v. | City of Nashua | |
| Francis L. Cramer | James M. McNamee, Jr. |
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| Property tax abatement – failure to consider actual net income from building; whether court erred by including reimbursable expenses adopted by defendant's expert as part of net income | ||||