| 00-342 | Appeal of Nashua Police Commission* | |||
| James M. McNamee for Nashua Police
Commission James Donchess for Nashua Police Patrolmen’s Association Attorney General |
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| Unfair labor practice - failure to apply positive assurance test in determining whether grievance is arbitrable; whether means of notifying police officers about court attendance involves managerial policy within exclusive prerogative of the public employer; whether board erred in relying on past practices and alleged clear language of collective bargaining agreement | ||||
| 01-733 | In re Marcy G. | |||
| James S. Godron for Marcy G.* Attorney General Office of Public Guardian |
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| Case is confidential under RSA chapter 135-C. | ||||
| 02-0316 | State of NH | v. | James H. Fawcett* | |
| Attorney General | Robert M. Shepard |
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| Aggravated driving while intoxicated -- sufficiency of evidence | ||||
| 02-0554 | In re Juvenile 2002-0554 | |||
| Attorney General pro bono appellate panel for father* |
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| Case is confidential under RSA chapter 170-C. | ||||
| 02-0555 | Melvin Graham* | v. | Warden, Northern NH Correctional Facility | |
| Appellate Defender | Attorney General |
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| Habeas corpus -- whether petitioner is procedurally barred from raising issue of denial of counsel | ||||
| 02-0558 | In re Juvenile 2002-0558 | |||
| Attorney General pro bono appellate panel for mother* |
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| Case is confidential under RSA chapter 170-C. | ||||
| 02-0569 | State of NH | v. | Harvey Pratt* | |
| Attorney General |
Appellate Defender Joseph Malfitani |
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| Motion to modify sentence for interfering with custody of minor -whether court erroneously declined to remove, as condition of parole eligibility, that defendant complete Sex Offender Program | ||||
| 02-0585 | In re Guardianship of Theresa Callahan | |||
| William J. Hurley pro bono appellate panel for ward* |
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| Guardianship - whether NH court had jurisdiction; whether evidence was sufficient to prove functional incapacity; whether guardian selected was suitable | ||||
| 02-0612 | State of NH | v. | Jeffrey Bean* | |
| Attorney General | Appellate Defender Randy Hawkes |
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| Jury instructions, self-defense - whether court erroneously instructed jury that self-defense would not apply if stabbing took place within curtilage shared by defendant and victim | ||||
| 02-0629 | Mountain Environmental, Inc. | v. | Abatement International/Advatex Associates, Inc.* & a. | |
| Frank E. Kenison | Brian T. Tucker |
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| Construction contract -- payment bond; failure of claimant to file claim against bond in accordance with statute; whether surety and contractor waived right to present evidence and defenses; defensive recoupment; whether court erred by treating motion in limine as motion for summary judgment; whether defendants' answer admitted amount claimant was owed from bond; ambiguity in contract as to amount owed to claimant; cross-appeal -- whether court erred in precluding petitioner from claiming against the bond for additional sums it was owed as change orders under its contract | ||||
| 02-0633 | The Craftsbury Company, Inc. & a. | v. | Assurance Company of America* | |
| James B. Kazan | James R. Fox |
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| Insurance coverage – specialty contractors policy; whether action is barred by six-month statute of limitations; whether Massachusetts action alleges property damage caused by an occurrence; whether policy's business risk exclusions bar coverage for the indemnification action | ||||
| 02-0638 | Catherine Mahoney* & a. | v. | Town of Canterbury & a. | |
| Finis E. Williams, III | Barton L. Mayer Barry C. Schuster |
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| Injunction -- placing burden on landowner to show that road was used with permission of the owner; sufficiency of evidence that public use of road was adverse and put owners on notice of adverse claim of right; whether road is a class VI public highway; sufficiency of evidence of damages; award of lost profits; cross-appeal -- whether court erred in awarding damages for only two weeks of expenses when defendant was enjoined from accessing its property for over three months; denial of attorney's fees | ||||
| 02-0641 | State of NH | v. | Robert Donohue* | |
| Attorney General | Appellate Defender Theodore Barnes |
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| Second degree assault, conspiracy to commit assault -- exclusion of defendant's brother's written statement indicating his involvement in altercation; failure to strike allegation that defendant and his brother left the victim lying in a pool of blood; sufficiency of evidence of conspiracy | ||||
| 02-0655 | United States Fire Insurance Company* | v. | Windsor-Embassy Corporation & a. | |
| Melinda S. Gehris | Ms. Victoria F. McGrath, pro se agent for
Windsor-Embassy Corporation Kevin C. Devine for Zurich American Insurance Company Jeffrey H. Karlin for Continental Insurance Company |
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| Insurance coverage -- whether plaintiff is barred from proceeding in equity under any theory that would require a coverage determination due to court's dismissal of plaintiff's declaratory judgment action; whether court erred by sua sponte ruling that declaratory judgment claim was time-barred | ||||
| 02-0659 | Appeal of Carol L. Moulton* | |||
| Shawn E. Nichols for claimant James E. Owers for Liberty Mutual Insurance Company |
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| Workers' compensation -- failure of board to apply analysis in Appeal of Briand, 138 NH 555 (1994); failure of board to identify reasons to ignore uncontradicted expert medical evidence; failure of board to rule on issue properly before it under RSA 281-A:23 | ||||
| 02-0660 | State of NH | v. | William T. Winstead* | |
| Attorney General | Nancy S. Tierney |
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| Driving under the influence -- admission of results of blood alcohol test to which defendant did not consent; sufficiency of evidence that defendant operated motor vehicle | ||||
| 02-0667 | Clare T. Daly* | v. | State of NH | |
| Clare Daly, Trustee, The Pines Lodge Realty Trust | v. | State of NH | ||
| Carroll County Leasing Company and Chick Lumber | v. | State of NH | ||
| Randall F. Cooper Arthur G. Greene Glenn A. Perlow |
Attorney General | |||
| Eminent domain -- damages; hearsay; whether impact of special highway corridor and wetlands ordinances affected community as a whole; whether adoption of ordinances was town's subsequent, independent decision; whether court erred by ceding authority to department of transportation to determine if element of bypass project was compensable; failure to award all direct and indirect damages related to the project | ||||
| 02-0668 | State of NH | v. | Leonard Brainard* | |
| Attorney General | Appellate Defender Thomas Ficarra |
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| Simple assault -- sufficiency of the evidence; whether confession was voluntary; whether court should have declared mistrial where juror knew victim's boyfriend | ||||
| 02-0670 | Appeal of Laconia School District* | |||
| Paul T. Fitzgerald for Laconia School
District Steven R. Sacks for Laconia Education Association |
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| Public employee labor relations -- whether board had jurisdiction to review arbitrator's award; failure to provide hearing on issue of factual errors by arbitrator | ||||
| 02-0674 | State of NH | v. | Allan Cullen* | |
| Attorney General | Appellate Defender Larissa Kiers |
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| Aggravated felonious sexual assault -- denial of in camera review of victims' privileged records; failure to prevent testimony of witness who offered hearsay and irrelevant evidence; failure of State to give notice to defendant of witness's name and subject area of testimony; failure to strike testimony of witness who violated sequestration order | ||||
| 02-0675 | Appeal of the City of Laconia* | |||
| Mark T. Broth for City of Laconia John S. Krupski for Laconia Professional Firefighters |
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| Public employee labor relations -- composition of bargaining unit; whether lieutenants and captains are supervisors; whether it is permissible to include supervisory lieutenants and captains in bargaining unit with firefighters; laches | ||||
| 02-0680 | William Porter & a. | v. | Town of Sanbornton* | |
| Richard Roy & a. | v. | Town of Sanbornton | ||
| Margaret H. Nelson | Walter L. Mitchell, III |
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| Abatement of property taxes -- numerous issues including whether court erred in granting abatements absent showing that amount of increased assessment resulted in any individual taxpayer bearing disproportionate share of town's total tax burden; whether finding that selectmen did not act in good faith or rely on sound assessment methodology constitutes proof of disproportionality; whether court erred in finding that selectmen did not act in good faith and that assessment methodology was unsound; joinder of 125 taxpayers in one single appeal | ||||
| 02-0681 | Sarah E. Williams | v. | T&M Associates, Inc.* | |
| Michael R. Mortimer | K. William Clauson George E. Spaneas |
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| Wage claim -- whether court erred in finding that labor department's decision that employees working less than 20 hours per week did not accrue vacation pay had no factual support | ||||
| 02-0682 | A. Dana Arey | v. | T&M Associates, Inc.* | |
| Michael R. Mortimer | K. William Clauson George E. Spaneas |
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| Wage claim -- whether court misconstrued department of labor decision; failure of court to defer to department of labor decision | ||||
| 02-0689 | Philip Schaefer & a. | v. | Eastman Community Association* | |
| Alexander J. Walker, Jr. Daniel E. Will |
Thomas J. Donovan | |||
| Community association -- discontinuance of alpine ski area; whether first vote to close ski area was ultra vires; whether declaration fails to set forth lawful process by which amenity at community may be discontinued; award of attorney's fees; sufficiency of evidence of damages | ||||
| 02-0692 | In re Juvenile 2002-0692 | |||
| Attorney General Appellate Defender |
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| Case is confidential under RSA chapter 169-B. | ||||
| 02-0694 | State of NH | v. | David R. MacDonald* | |
| Attorney General | Kent M. Barker Marta E. Rodriguez |
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| Negligent homicide, conduct after an accident -- denial of motion for new trial; denial of bail | ||||
| 02-0695 | State of NH | v. | David Eastman (Appeal of David H. Bownes*) | |
| Attorney General | David H. Bownes |
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| Indigent defense -- adequacy of counsel fees; whether trial court erred by denying appointed counsel's request for compensation; failure to articulate reason for denial; due process | ||||
| 02-0696 | State of NH | v. | Kevin Elwell* | |
| Attorney General | Richard N. Foley |
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| Simple assault -- whether defendant waived defenses by not providing notice to State pursuant to court rule; failure to allow defendant to cross-examine officers using pictures of injuries; failure to give missing witness jury instruction; increase in sentence after de novo appeal | ||||
| 02-0698 | In re Juvenile 2002-0698-A, Juvenile 2002-0698-B and Juvenile 2002-0698-C | |||
| Case is confidential under RSA chapter 170-C | ||||
| 02-0699 | Petition of Alida Fortier* | |||
| Roy S. McCandless Attorney General |
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| Guardianship of a minor -- visitation -- denial of motion to modify visitation; denial of motion to vacate guardianship; allowing 17-year-old parent to participate in court proceeding without counsel; denial of request for guardian's medical records | ||||
| 02-0704 | Peter Gianola* | v. | Continental Casualty Company | |
| Jared R. Green H. Edward McBurney, Jr. |
Dona Feeney | |||
| Worker's compensation lien -- whether statute requires that lienholder bear attorney's fees and costs on a third-party recovery equaling 165% of the fees contracted for between the injured party and his attorney; double recovery | ||||
| 02-0710 | State of NH | v. | Christopher Boulais* | |
| Attorney General | Stephen J. C. Woods |
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| Disorderly conduct -- whether a private conversation in a private place of business that is open to public, where only evidence of any person's reaction is the reaction of person to whom the defendant's statement is directed, can constitute grounds for conviction under RSA 644:2, II(b); whether RSA 644:2, II as construed by district court is void for vagueness or violates right to free speech | ||||
| 02-0758 | State of NH | v. | Anthony Van Dyck* | |
| Attorney General Stephen Fuller Jean M. Reed |
Robert A. Stein | |||
| Simple assault – violation of restraining order – whether trial court erred by disqualifying defendant’s attorney, where attorney may be called to testify in pre-trial motion to dismiss, but not in subsequent trial | ||||