Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - October 2001

99-294 Franklin,* Peter v. Callum, Denise, Interim Project Director NH/VT Solid Waste Project
Adele M. Fulton Bryan K. Gould
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
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
01-062 In the Matter of David A. Young*
William E. Connor
James L. DeHart
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
01-349 In the Matter of Darrell,* Kaoru (Julie) and Robert Darrell
Stephanie A. Bray
Carolyn Garvey
GAL:Debra Owen Stanley
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
01-397 Main,* Mark v. Fisher, Robert, Esq.
Sven D. Wiberg John C. Kissinger
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
01-401 State of NH v. Jordan,* John
Attorney General David H. Bownes
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
01-409 In re State of NH ex rel. Vickie Reitenour and Wendell Montgomery*
Hamilton Krans
Kenneth D. Murphy
Paternity – whether court has authority to award retroactive child support in paternity action; admission of hearsay letters from state agencies; laches; attorney's fees
01-410 In re Molly S.
In re Riley S.
Roland R. Tamminga for mother*
Gary L Paradis GAL
Shandy Saucier pro se
Peter R. Brunette GAL for children
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
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
Negligence – injuries suffered due to overturned golf cart; failure to admit evidence of subsequent remedial measures taken at scene of accident; admission of hearsay
01-423 Kiley,* Thomas M. v. Marazzi, Steven J.
Kenneth D. Murphy pro se
Promissory note – collection; whether court erred in failing to award interest or attorney's fees as called for in contract
01-426 State of NH v. Spillane,* Thomas S.
Attorney General Appellate Defender
Nancy A. DeAngelis
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
01-427 State of NH v. Whittey,* Joseph
Attorney General Appellate Defender
Cathy J. Green
Diane Nicolosi
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
01-428 State of NH v. O’Connell,* Mark
Attorney General Appellate Defender
Philip D. Cross
Driving after certification as habitual offender – failure to admit evidence of competing harms
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
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
01-441 Rodgers,* Peter J.

Pare,* Christian

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
01-452 Trombley, Alfred H. v. Liberty Mutual Insurance Company*
Richard C. Moquin John B. Schulte
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
01-455 State of NH v. Aliberti, * Brenda
Attorney General Appellate Defender
James F. Laura
Driving while intoxicated, subsequent offense – whether parking lot of Brickstone Commons Condominium is a "way" as defined in RSA 259:125
01-456 State of NH v. Fehr,* Jonathan
Attorney General Appellate Defender
James D. Quay
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
01-459 State of NH v. Croteau,* Michael D.
Attorney General Stephen T. Jeffco
Possession of controlled drug – whether court erred by denying motion to suppress evidence
01-462 Dunn, William A.* v. Peerless Insurance Company
Edgar D. McKean, III Andrew D. Dunn
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
01-488 In the Matter of Karen Alexander and Jonathan Evans*
Karen Alexander pro se
Barbara J. Griffin
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
01-523 In re Noah W.
Dawn E. Caradonna for mother*
Attorney General
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
** Case number 99-294 was previously accepted on other issues and bifurcated.