| 99-294 | Franklin,* Peter | v. | Callum, Denise, Interim Project Director NH/VT Solid Waste Project |
| Adele M. Fulton | Bryan K. Gould |
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| Right-to-Know Law - whether legal bills from
lawyers to public body by their nature contain attorney-client communications; whether all
information contained in legal bills is protected from disclosure; whether member of
governing body of municipal corporation can be barred from inspecting legal bills for
services rendered to that corporation and payment would be made from budget adopted by
said governing body |
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| 00-547 | State of NH Attorney General |
v. | Marte,* Jose T. Joshua Gordon |
| Issuing bad checks, sentencing – whether court
erred in not restructuring sentence based on tardiness in paying restitution; whether
sentence is disproportionate to the crimes; whether sentence imposed multiple punishments
for the same crime; whether plea was entered intelligently, knowingly and voluntarily
where defendant was not advised of immigration implications; ineffective assistance of
counsel; whether sentence for "a period of 12 months" is sentence for less than
one year |
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| 01-062 | In the Matter of David A. Young* | ||
| William E. Connor James L. DeHart |
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| Attorney discipline – reprimand; whether oral
representation by client to authorize settlement is insufficient; whether issue involved
business lease agreement or landlord-tenant agreement; whether attorney violated rules of
professional conduct by advising client that enforceable oral settlement was reached;
whether attorney failed to provide full and fair disclosure in writing of nature and terms
of his association with other counsel; whether chair of hearing before professional
conduct committee was or would reasonably appear to be biased |
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| 01-349 | In the Matter of Darrell,* Kaoru (Julie) and Robert Darrell | ||
| Stephanie A. Bray Carolyn Garvey GAL:Debra Owen Stanley |
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| Post-divorce proceedings – whether master erred
by giving "limited legal significance" to provision in final decree providing
for court review only when parties relocated more than 75 miles away; whether court should
announce standard of general application for post-divorce relocation cases; whether master
erred by prohibiting short-distance relocation |
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| 01-397 | Main,* Mark | v. | Fisher, Robert, Esq. |
| Sven D. Wiberg | John C. Kissinger |
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| Legal malpractice – whether statute of
limitations in claims against criminal defense counsel is tolled until conviction is
overturned; whether discovery doctrine or estoppel extended limitations period |
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| 01-401 | State of NH | v. | Jordan,* John |
| Attorney General | David H. Bownes |
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| Second degree assault, simple assault –
numerous issues including admission of 911 tape recording; limitation on cross-examination
of witnesses for bias; admission of medical evidence despite victim's assertion of
physician/patient privilege; hearsay; denial of mistrial after it was discovered that
juror failed to disclose hearing disability; sufficiency of evidence |
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| 01-409 | In re State of NH ex rel. Vickie Reitenour and Wendell Montgomery* | ||
| Hamilton Krans Kenneth D. Murphy |
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| Paternity – whether court has authority to
award retroactive child support in paternity action; admission of hearsay letters from
state agencies; laches; attorney's fees |
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| 01-410 | In re Molly S. In re Riley S. |
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| Roland R. Tamminga for mother* Gary L Paradis GAL Shandy Saucier pro se Peter R. Brunette GAL for children |
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| Termination of parental rights – reliance by
court upon competency evaluations done for criminal trials; reliance upon evaluation done
by psychologist in course of child abuse/neglect proceeding where psychologist was not
neutral and appellant was not represented by counsel; reliance upon evaluation unsupported
by live testimony; sufficiency of evidence |
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| 01-419 | MacDonald,* Jeffrey, Susan MacDonald | v. | B.M. D. Golf Associates, Inc. d/b/a Indian Mound Golf Club |
| Bruce W. Felmly Bryce A. Larrabee |
Scott A. Ewing David Johnston |
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| Negligence – injuries suffered due to
overturned golf cart; failure to admit evidence of subsequent remedial measures taken at
scene of accident; admission of hearsay |
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| 01-423 | Kiley,* Thomas M. | v. | Marazzi, Steven J. |
| Kenneth D. Murphy | pro se |
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| Promissory note – collection; whether court
erred in failing to award interest or attorney's fees as called for in contract |
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| 01-426 | State of NH | v. | Spillane,* Thomas S. |
| Attorney General | Appellate Defender Nancy A. DeAngelis |
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| Criminal threatening – whether court erred in
sentencing defendant to extended term on basis that defendant knew victims were law
enforcement officers; whether warrantless entry into home by police was justified by fear
of injured person being inside home; sufficiency of evidence as to use of hatchet as
alleged in indictment and as to alleged brandishing of rifles |
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| 01-427 | State of NH | v. | Whittey,* Joseph |
| Attorney General | Appellate Defender Cathy J. Green Diane Nicolosi |
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| First degree murder – numerous issues including
defective indictment; failure of trial judge to recuse herself; whether PCR-STR DNA
testing meets admissibility standards set forth in case law; improper instructions to jury
in response to jury questions; admission of evidence absent proof of chain of custody;
denial of motion to suppress evidence; denial of due process due to 20-year delay between
crime and trial |
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| 01-428 | State of NH | v. | O’Connell,* Mark |
| Attorney General | Appellate Defender Philip D. Cross |
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| Driving after certification as habitual offender
– failure to admit evidence of competing harms |
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| 01-434 | Winnacunnet Cooperative School District | v. | Town of Seabrook Intervenors* Oliver Carter, Asa H. Knowles, Jr., Karen Knight and Bruce G. Brown |
| Robert A. Casassa | Robert D. Ciandella Robert M. Derosier |
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| School district – taxation for capital costs;
failure to enter judgment for defendant and intervenors despite ruling by court that
school district had violated statute in imposing taxes; whether court erred in ruling that
appropriate remedy was for parties to seek adjustment of taxes from department of revenue
administration; failure to award attorney's fees; cross-appeal – whether court erred in
ruling that plaintiff must satisfy requirements of RSA 195:7 for adopting allocation
formula; whether adjustments for tax years 1997, 1998 and 1999 can be made where town
failed to timely appeal |
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| 01-441 | Rodgers,* Peter J. Pare,* Christian |
v. v. |
Colby’s Ol’ Place, Inc., Mitchell E. Hartford, III Colby’s Ol’ Place, Inc., Mitchell E. Hartford, III |
| Peter E. Hutchins Roger D. Turgeon |
Blake M. Sutton | ||
| Negligence – apportionment; whether plaintiff
may apportion damages so as to collect judgment-proof defendant's portion of damages based
on comparative fault from second defendant also found to be partially at fault |
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| 01-452 | Trombley, Alfred H. | v. | Liberty Mutual Insurance Company* |
| Richard C. Moquin | John B. Schulte |
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| Uninsured motorist benefits – whether Wheel
Loader and Integrated Toolcarrier was "designed for use on the road and/or off the
road"; whether policy exclusion for coverage of vehicles designed for use mainly off
public roads while not on public roads violates RSA 264:15 |
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| 01-455 | State of NH | v. | Aliberti, * Brenda |
| Attorney General | Appellate Defender James F. Laura |
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| Driving while intoxicated, subsequent offense –
whether parking lot of Brickstone Commons Condominium is a "way" as defined in
RSA 259:125 |
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| 01-456 | State of NH | v. | Fehr,* Jonathan |
| Attorney General | Appellate Defender James D. Quay |
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| Possession of firearm by felon – whether court
was required to impose mandatory sentence of 3-6 years in prison as set forth in RSA
651:2, II-g |
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| 01-459 | State of NH | v. | Croteau,* Michael D. |
| Attorney General | Stephen T. Jeffco |
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| Possession of controlled drug – whether court
erred by denying motion to suppress evidence |
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| 01-462 | Dunn, William A.* | v. | Peerless Insurance Company |
| Edgar D. McKean, III | Andrew D. Dunn |
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| Homeowner's insurance policy – whether daughter
of insured violated her duty to cooperate with her parents' homeowner's insurer;
cross-appeal - whether business pursuits exclusion did not apply because the daughter of
insured was engaged in horseplay when the alleged at-work incident occurred |
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| 01-488 | In the Matter of Karen Alexander and Jonathan Evans* | ||
| Karen Alexander pro se Barbara J. Griffin |
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| Restraining order – issuance of order absent
finding any threat to safety; admission of unverified statements without witness
testimony; whether ordering no contact within 200 yards is an abuse of discretion; whether
prohibiting defendant from exercising his right to bear arms, which affects his
employment, was abuse of discretion |
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| 01-523 | In re Noah W. | ||
| Dawn E. Caradonna for mother* Attorney General |
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| Termination of parental rights – whether rules
of evidence apply; failure to determine whether hearsay was reliable before admitting it
into evidence; whether reports filed by DCYF in district court were hearsay |
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| ** Case number 99-294 was previously accepted on other issues and bifurcated. | |||