| 01-522 | State of NH | v. | Joseph Todd Gamester* |
| Attorney General | Appellate Defender J. P. Nadeau |
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| Reckless manslaughter – numerous issues
including failure to dismiss indictment obtained 566 days after the incident; denial of
motion to continue; exclusion of statements by eyewitness now deceased; failure of State
to properly disclose experts; exclusion of victim's prior bad acts; erroneous jury
instructions; exclusion of witnesses proffered by defendant; sufficiency of evidence |
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| 01-540 | Richard A. Stefanik | v. | Richard A. Drowne* and Norma A. Drowne d/b/a Hathaway Home Builders |
| Michael S. Ritchie | Sumner F. Kalman |
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| Breach of contract, misrepresentation, unfair
trade practices – sale of real estate; whether material facts were in dispute that would
preclude summary judgment |
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| 02-0065 | State of NH | v. | Robert A. Tierney, Jr.* |
| Attorney General |
Appellate Defender Caroline L. Smith |
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| Aggravated felonious sexual assault, felonious
sexual assault - numerous issues including failure to strike juror for cause; prohibiting
cross-examination of victim regarding his playing game of Dungeons and Dragons; admission
of victim's prior statements; exclusion of witnesses who would testify to defendant's
character for truthfulness; denial of deposition requests; failure to sever indictments;
pre-indictment delay of 12 years; failure to dismiss multiple-count indictments based on
insufficiency of evidence |
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| 02-0073 | Appeal of the City of Concord* | ||
| Paul F. Cavanaugh for the City John F. Bisson for the taxpayer, Capital Court, L.L.C. John G. Cronin for the taxpayer, Capital Court, L.L.C. |
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| Property tax abatement -- sufficiency of
evidence; estoppel |
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| 02-0081 | Appeal of Mary Scofield* | ||
| David P. Slawsky for claimant Mary
Scofield James E. Owers for Liberty Mutual Insurance Company Daniel C. Garvey for Liberty Mutual Insurance Company Attorney General |
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| Workers' compensation -- whether RSA 281-A:13
authorizes insurer to assert a "holiday" and stop paying benefits based on
settlement of a civil action by the claimant against her former employer for medical
negligence; whether insurer is barred from asserting a "holiday" by its refusal
to participate in settlement or to timely intervene in civil action; cross-appeal -
whether claimant has burden of proving how a settlement should be allocated when the
claimant fails to present the settlement to the trial court under RSA 281-A:13 |
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| 02-0091 | State of NH | v. | David Michaud* |
| Attorney General |
Appellate Defender James H. Moir |
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| Arson - failure to grant credit for pre-trial
confinement where sentence imposed is not consecutive to sentence already being served |
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| 02-0105 | Bill O. Weeks | v. | Co-Operative Insurance Companies* |
| John B. Kenison Jr. |
James R. Fox Andrew D. Dunn |
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| Insurance coverage - business owner's policy;
whether "negligent work" exclusion or "other types of losses"
exclusion in policy bars coverage; whether damage was caused by negligent work or was
merely a manifestation of the negligent work |
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| 02-0106 | State of New Hampshire | v. | Erik Ouellette* |
| Attorney General |
Appellate Defender Timothy P. Gurshin |
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| Driving after certification as a habitual
offender, disobeying a police officer -- sufficiency of evidence |
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| 02-0110 | Joan M. Smart, Executrix under the Will of John E. Smart, Joan M. Smart, Individually | v. | American Welding and Tank Company, Inc.*, Thom's Transport Company, Inc. |
| Alexander Lachiatto | W. S. O'Connell for American Welding Vivian M. Quinn for American Welding David S. Osman for Thom’s Transport Company, Inc. David J. Killkelley for Thom’s Transport Company, Inc. |
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| Contribution among tortfeasors -- whether carrier
may seek contribution from a shipper for injuries sustained by a consignee's employee
during unloading of cargo when carrier delegated loading of its trailer to the shipper |
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| 02-0113 | Michael A. Currier* | v. | Stephen M. Hatfield |
| Robert E. Fisher |
Gary M. Burt |
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| Voluntary non-suit -- whether rule of law in Leonard
v. Fahey, 87 N.H. 170 (1934), is still applicable; if not, should new rule of law
apply retroactively; whether dismissal is draconian remedy for failure to file response to
a motion on the merits where failure was due to attorney being on vacation |
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| 02-0117 | In re Estate of J. Douglas King | ||
| Charles A. DeGrandpre for Executrix Laurel
King* George T. Campbell, III for Executrix Laurel King Andrew W. Serell for Rebecca King Felmet and Rachel King Robert R. Howard, III for Jason King |
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| Wills -- whether copy of will could be proved by
an original codicil that incorporated original will by reference; whether executrix
rebutted presumption that original will had been destroyed; whether court erred by
removing executrix and appointing independent administrator |
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| 02-0118 | Catrina L. Graves* | v. | Franklin L. Estabrook |
| Roy A. Duddy | Fred J. Desmarais |
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| Negligent infliction of emotional distress --
whether plaintiff, who is unrelated to decedent by blood or marriage but who cohabited
with decedent and was in a long-term relationship with him, may recover for negligent
infliction of emotional distress after witnessing death of decedent |
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| 02-0128 | David E. Strang, M.D.* | v. | Frisbie Memorial Hospital |
| Joni N. Esperian | David A. Garfunkel Andrea K. Johnstone |
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| Interference with medical staff privileges --
whether court erred in awarding judgment as a matter of law where hospital refused to
allow plaintiff to cover shifts when it had allowed another physician to moonlight in the
emergency department after he left full-time employment |
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| 02-0129 | Thomas K. Sisson | v. | Shari Jankowski, Esquire and Wiggin & Nourie, P.A. |
| Ronald L. Snow | Andrew D. Dunn Kevin G. Collimore |
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| Legal malpractice -- whether attorney's negligent
failure to arrange for timely execution of a will and failure to provide reasonable
professional advice with respect to testamentary options creates common law claim against
attorney by intended beneficiary of unexecuted will; certification of question from U.S.
District Court |
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| 02-0136 | Denise Cross* | v. | Cameron Brown |
| David P. Slawsky | Charles P. Bauer |
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| Financial Privacy Act -- whether RSA chapter
359-C creates a civil action and if so, what remedies are authorized; whether official or
qualified immunity apply in civil action against municipal police officer; interlocutory
appeal |
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| 02-0137 | Peter Gianola | v. | Continental Casualty Company* |
| Jared R. Green H. E. McBurney Jr. |
Dona Feeney | ||
| Uninsured motorist benefits -- whether insurer waived defenses by not responding to correspondence from attorney | |||
| 02-0143 | State of NH | v. | Hilary Kulunis |
| Attorney General | Appellate Defender Theodore M. Lothstein |
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| Vehicular assault -- whether RSA 265:79-a
requires State to prove any culpable mental state and if so, which mental state; if the
statute does not require proof of a mental state, whether it violates NH Constitution;
interlocutory transfer |
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| 02-0144 | State of NH | v. | Michael Amirault* |
| Attorney General | Appellate Defender Lauren N. Greenwald |
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| Criminal threatening -- failure to conduct in
camera review of police department's internal investigation records; failure to
strike presentence investigation report; whether search of premises was illegal |
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| 02-0146 | State of NH | v. | Gregory Davis* |
| Attorney General | Mark L. Sisti |
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| Felon in possession of dangerous weapon --
failure to suppress evidence obtained as a result of warrantless search and seizure of
defendant's possessions; failure to dismiss indictments for lack of specificity |
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| 02-0148 | Richard G. Smith* | v. | Director, NH Division of Motor Vehicles |
| Martin K. Glennon | Attorney General |
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| Administrative license suspension -- denial of
hearing to determine reason tape recording of administrative hearing was first alleged to
be unavailable due to faulty equipment but later found; whether court erred in granting
motion to reconsider based on new development that tape had been found |
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| 02-0159 | State of NH | v. | Michael Dubois* |
| Attorney General | Appellate Defender Philip D. Cross |
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| Aggravated felonious sexual assault -- denial of
mistrial with prejudice when mistrial was due to State's violation of discovery rules and
State gained tactical advantage from mistrial; allowing victim to testify she "felt
drugged" and State to argue defendant had opportunity to drug victim absent any
evidence victim was in fact "drugged" |
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| 02-0165 | The Cadle Company, servicing agent for Cadle Properties of New Hampshire, Inc.* | v. | Maurice Bourgeois, Irene Bourgeois, and Dennis Proulx |
| Marc W. McDonald | Victor Daha for Maurice Bourgeois Pauline L. Guay for Irene Bourgeois Barry M. Scotch for Dennis Proulx |
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| Settlement agreement -- numerous issues including
whether plaintiff has valid interest in partnership or property; whether partnership
dissolved in October 1992; whether acceptance of payment constituted waiver in light of
contrary language in note; equitable estoppel; whether court based its decision on
improper factors |
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