Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - September 2001

00-425 In re Shelby R.
Paula J. Werme, for Mark H.*
Christian Lund
Attorney General
Gert Jacques
Child abuse and neglect - whether RSA 169-C:10 violates due process by not providing for appointment of an attorney for a stepparent; denial of motion for services other than counsel
01-012 Spruce Lincoln Realty Trust v. Hakins,* Eleanor
Andrew H. Sullivan pro se
Landlord-tenant - eviction; whether notice to quit was fourth eviction notice within meaning of RSA 540:9 within calendar year
01-248 State of NH v. Covington,* James
Attorney General pro se
Second degree murder - motion to withdraw guilty plea; whether court erred by sentencing defendant to longer sentence than he agreed to in plea negotiations without allowing defendant to withdraw plea; sufficiency of evidence of finding that defendant agreed to thirty-year minimum sentence
01-277 Amherst Park Company v. de la Rosa,* Cecilia
Robert McKenney pro se
Landlord-tenant – eviction; whether tenant violated occupancy agreement by supplying inaccurate information to the landlord
01-354 State of NH v. Patten,* Brian
Attorney General Appellate Defender
Caroline Smith
Ted Lothstein
First degree murder – insufficient evidence of premeditation; whether jury should have been instructed, with respect to premeditation, that defendant must have weighed pros and cons and thought about moral consequences of killing
01-356 State of NH v. McGinn,* James, III
Attorney General Appellate Defender
Arthur J. Broadhurst
Salim R. Tabit
Felonious sexual assault – sufficiency of evidence; denial of discovery of victim's psychiatric records; denial of motion to require victim to submit to independent blood test
01-358 State of NH v. Beausoleil,* Patrick A.
Attorney General Appellate Defender
John E. Durkin
Aggravated felonious sexual assault, felonious sexual assault – failure to disqualify teenage rape victim and former police chief who conducted child sexual assault investigations as jurors; admission of evidence of defendant's alleged suicide attempt; admission of victim's statements to pediatrician; failure to dismiss indictments alleging events occurred in living room where no evidence supported finding that any events occurred there; admission of written statement of victim's mother; limitation upon defendant's argument to jury
01-360 State of NH v. Taylor,* Wesley A., Jr.
Attorney General Appellate Defender
Katherine Cooper
Aggravated felonious sexual assault – whether court erred in assuming jury was deadlocked; whether court erred by giving jury instruction taken from State v. Silva rather than from State v. Jordan
01-362 State of NH v. D’Amelio,* Peter
Attorney General Appellate Defender
Robert R. Bennett
Attempted first degree assault – denial of motion in limine to exclude knife; sufficiency of evidence
01-364 State of NH v. Szczerbiak,* Mark
Attorney General Appellate Defender
Jean-Claude Sakellarios
Possession of controlled drugs – whether defendant had standing to challenge police entry onto another's property; whether exigent circumstances justified warrantless entry and search; whether defendant gave valid consent to search; whether police need articulable suspicion to request consent to search; whether search of knapsack was within scope of consent given
01-365 In the Matter of Dawn Fusi and Charles Fusi*
Anthony F. DiPadova, Jr.
Robert I. Morgan
Contempt – whether issuance of support order by superior court terminates a district court's ex parte support order; whether superior court support order survives dismissal of divorce petition for lack of jurisdiction; whether district court support order was revived; whether court order striking conviction for criminal contempt but finding civil contempt cured district court's failure to give full and fair hearing on issue of support
01-369 In re Estate of Frank Emery, Jr.
Nicholas R. Aeschliman for Anne B. Hussey*
Michael D. Hatem for Frank M. Emery, III and Carol A. Eaton
Kenneth F. Money, Jr.
Michael E. Chubrich
Estates - petition for ancillary administration; denial of ancillary administration in New Hampshire where petitioner has negligence claim against decedent for acts that occurred in NH, decedent had personal property in NH, and decedent had insurance policy issued by company doing business in NH
01-370 Hooksett Conservation Commission v. Hooksett Zoning Board of Adjustment*
Scott E. Hogan William R. Drescher
Patrick J. McNicholas for intervenor Sered Memorial, LLC
Municipal regulation – whether conservation commission has standing to appeal decision of zoning board of adjustment; whether conservation commission can appeal to superior court without approval of town's governing body
01-373 State of NH v. Merritt,* John
Attorney General Appellate Defender
Sven D. Wiberg
Driving while intoxicated, subsequent offense –reference by State in closing argument to facts not in evidence
01-378 State of NH v. Nowlin,* Richard
Attorney General Appellate Defender
Mark Larsen
Aggravated felonious sexual assault – failure to dismiss when defendant was not charged until 18 months after assaults; allowing victim to testify about her medical condition; denial of motion to allow defendant to question victim about her clothing; failure to prohibit victim from testifying about her fear of defendant; prohibiting defendant from introducing evidence of prior consensual sexual activity between victim and defendant
01-379 State of NH v. Grey,* Jeffery A.
Attorney General Appellate Defender
Mark Larsen
Possession of controlled drugs – warrantless entry; whether defendant's grandparents implicitly consented to police entering home when they asked police to do home check while they were out of country; whether defendant was in custody when police entered his grandparents' home and demanded that he produce identification
01-383 Citizens of the East Derry Fire Precinct, June M. Fahey, Frederick T. Love, Frank Knutkowski, East Derry Fire Precinct v. Town of Derry*
Sumner F. Kalman Edmund J. Boutin
Brenda E. Keith
Municipal boundaries – whether court erred by substituting its judgment for that of town council; denial of rehearing to correct obvious mathematical and factual errors in order; reliance upon 1995 superior court decision, not part of certified record, to find town council acted in bad faith; attorney's fees; failure to find that plaintiff filed motion for summary judgment in bad faith
01-384 State of NH v. Butler,* Gary F.
Attorney General Mark L. Sisti
Driving after certification as a habitual offender – whether police had reasonable articulable suspicion to stop defendant's motor vehicle
01-385 In the Matter of Barbara Buell and Robert Buell*
Elizabeth Donovan
Didier A. Matel
Susan M. Donovan
Divorce – erroneous calculation of and distribution of equity in marital home; whether court erred by awarding property in lieu of future child support
01-390 Hall, Daniel E., Lewis J. Fortin, Sunset Properties and Management v. Highland Auto, Inc.*
Paul L. Apple Joseph Williams
Landlord-tenant – eviction; whether court misconstrued lease provision regarding option to renew; exclusion of evidence of ambiguity of lease
01-391 In re Gary C.*
Lisa A. Dennehy for Mr. C.
Attorney General
Involuntary civil commitment – allowing petitioner to amend petition to substitute witness who testified to different facts than those alleged in petition; sufficiency of evidence; whether witness committed perjury
01-395 Vandoros,* Peter, Appeal of
Matthew B. Cox
James Owers
Attorney General
Workers' compensation – whether board erred in determining that claimant failed to prove medical causation
01-396 State of NH v. Hall,* Luis A. a/k/a Luis J. Wilner a/k/a Joseph Wilner
Attorney General Mark L. Sisti
Felonious sexual assault, sale of alcohol to minors – failure of trial court to consider defendant's first statement in deciding whether later statement should be suppressed; whether statement was involuntary; denial of mistrial after officer testified twice in reference to the suppression hearing; admission of evidence that defendant asked victim and another female to kiss
1-399 State of NH v. Holt, Monica*
Attorney General Francis G. Holland
Arson, insurance fraud – numerous issues including denial of motion for directed verdict; denial of motion to set aside verdict; denial of motion to strike testimony of fire marshal; sufficiency of the evidence
01-400 Wingate,* Thomas, Appeal of
Christopher A. Bandazian for claimant
Scott Ewing for Hanson & Fox Co.
Attorney General
Workers' compensation – numerous issues including whether prior unappealed decision of hearings officer was binding on issue of causation; res judicata; failure to place burden on employer to prove change in condition; sufficiency of evidence; inconsistent rulings by board
01-404 Pryor,* Kimberly, Appeal of
Christopher A. Bandazian for Ms. Pryor
Charles T. Giacopelli for Community Newsdealers, Inc.
Attorney General
Workers' compensation – numerous issues including whether claimant who performed newspaper delivery services was an employee or an independent contractor
01-421 Labrecque,* Coreen A., Petition of
Richard Guerriero
Dawnangela Minton
Attorney General
Criminal threatening – competency hearing; whether trial court violated RSA 135:17 and :17-a, due process, and right to speedy trial by delaying petitioner's competency hearing from June 13 to September 13
01-429 State of NH v. Roy,* Steven
Attorney General James Moir
Barbara Keshen
Philip Desfosses
First degree murder – motion for new trial; ineffective assistance of counsel; whether Bruton-type errors were made at trial; whether error could, as a matter of law, be harmless
01-430 State of NH v. Bemis,* Matthew
Attorney General Dawn E. Caradonna
Dog licensing and control violations – sentencing; whether court had authority to order destruction of dogs; due process
01-461 In re Caleb L.
In re Jonathan T.
In re Troy L.
Michael P. Bentley for father*
Gerald D. Neiman for mother*
Glenn R. Smith, GAL
Attorney General
Termination of parental rights - co-appeals of mother and father; admission of reports without requiring person generating report to be available to testify; admission of hearsay; whether services offered by State were inappropriate given parents' cognitive and financial limitations; admission of expert testimony absent compliance with Superior Court Rule 63(G); whether court erred by terminating parental rights