Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted February 2002

01-086 State of NH v. Medina,* Felix M.
Attorney General Appellate Defender
Sale of controlled drug, conspiracy to sell controlled drug – admission of history of uncharged criminal conduct involving sale of drugs by defendant to witness
01-105 Appeal of Dolores Y. Smith*
Richard J. Walsh
Paul R. Kfoury
Attorney General
Workers' compensation – attorney's fees; whether board erred by approving fees at rate of $150 per hour rather than $200 per hour
01-561 State of NH v. Sheridan,* William C.
Attorney General pro se
Driving after suspension – whether conviction was erroneous because there was no evidence defendant was notified his driving privileges had been suspended; whether complaint was inadequate on its face; violation of interstate commerce clause; prosecutor had conflict of interest
01-646 State of NH v. Hunt,* John S.
Attorney General Howard Gross
Computer crimes – forfeiture; whether court erred by granting forfeiture under RSA 595-A:6; lack of notice; lack of full evidentiary hearing; whether court erred in ruling that issue of timeliness of request for forfeiture was not a consideration; double jeopardy
01-661 Concord Housing Authority v. Richardson,* Vanessa
William Hall pro se
Landlord-tenant – action for rent arrearage; sufficiency of evidence of damages; whether court erroneously placed burden of proof on defendant
01-719 State of NH v. Smith,* Rodney J.
Attorney General Appellate Defender
Kimberly A. Shoen
Attempted murder, first degree assault, second degree assault – numerous issues including whether defendant's statement to police was knowing, intelligent and voluntary; denial of funding for expert; not allowing defendant to raise defense of property; limiting cross-examination of witnesses regarding use of alcohol and illegal drugs; allowing witnesses to invoke Fifth Amendment privilege in front of jury; hearsay; prior bad acts; whether defendant opened the door to admission of statement; sufficiency of evidence; failure to adequately instruct jury regarding what information could be considered only for impeachment purposes
01-722 Appeal of Donna Younie*
Kevin M. Leach for Ms. Younie
Donna M. Daneke for Walmart Stores, Inc.
Attorney General
Workers' compensation – whether claimant proved that her back injury of 1998 was related to her worsening of April 2000
01-724 In the Matter of Patrick S. Parrish* and Mary J. Cutter, a/k/a Mary J. Adams
Patrick S. Parrish, pro se
Mary J. Adams
, pro se
Child custody – whether court erred by suspending custody orders and staying action until Vermont proceeding is concluded; whether wrongful removal of child from New Hampshire deprived superior court of jurisdiction over child; whether court erred by ceding jurisdiction to Vermont Probate Court
01-726 State of NH v. Marcano,* Reynaldo
Attorney General Appellate Defender
Timothy M. Landry
Sale of cocaine, conspiracy to sell cocaine, possession with intent to distribute – sufficiency of evidence
01-742 A. D. McKibbin* v. City of Lebanon
Barry C. Schuster H. Bernard Waugh, Jr.
David W. Rayment for intervenors,
Bayson Properties, Inc. and Hannaford Bros. Co.
Municipal regulation – special exception; whether standard adopted in Simplex Technologies v. Town of Newington, 145 N.H. 727 (2001), for variances requires use of less restrictive standard for a special exception; whether court erred in finding no other reasonable use for property other than as site for grocery store; whether investment-backed expectations of purchasers were reasonable when they knew property was subject to wetlands regulation at time of purchase
01-743 State of NH v. Brassard,* Michael
Attorney General Mark Stevens
Driving while intoxicated, second offense – improper comments by prosecutor to jury during closing argument
01-744 State of NH v. Fulton,* Michael D.
Attorney General John Gillen
Driving under influence of controlled drugs – whether State's expert's testimony was unreliable; sufficiency of evidence
01-747 Smith, Donna M. and Vincent R. Smith v. Contak Construction*
Harvey J. Garod Laurence W. Getman
Negligence – failure to apply proper standard in denying motion to strike default and allow late entry; whether justice required that motion be granted; denial of due process; whether publication in NH newspapers was sufficient notice to corporation located in New York; whether mailing of copy of notice to defendant's insurer was reasonable notice that suit had been initiated
01-748 State of NH v. Pratt,* Harvey
Attorney General Appellate Defender
Joseph C. Malfitani
Interference with custody – overruling objections to testimony based on hearsay, lack of foundation and relevance; sufficiency of evidence of purpose to conceal the juvenile victim
01-754 State of NH v. Savini,* Donald E.*
Attorney General Appellate Defender
Timothy P. Gurshin
Indecent exposure and lewdness – sufficiency of evidence
01-755 Whitaker,* Steven v. L. A. Drew, Inc.
Brian C. Shaughnessy Richard E. Mills
Negligence – whether court erred in ruling, prior to trial, that expert was needed to prove that brakes on construction equipment are designed to stop the vehicle when operated down an incline; whether court erred by excluding plaintiff's expert due to late disclosure of expert's report when late disclosure was due to defendant's actions
01-756 Murray, Linda & a. v. Developmental Services of Sullivan County, Inc.*
William E. Conner
David A. Young
Christine Friedman
Torts – assault; allowing plaintiffs to call witnesses first disclosed at final pretrial conference; denial of mistrial; failure to give curative instruction after counsel told jury to "send a message" with its verdict; lack of scientific basis for testimony of plaintiff's expert; admission of irrelevant evidence and evidence lacking foundation
01-757 State of NH v. Barker,* Tasha
Attorney General Richard N. Foley
Illegal possession of alcohol – sufficiency of evidence
02-0003 Appeal of Kerry Tennis
Jonathan P. Baird
Alan N. Linder
Attorney General
Unemployment compensation – whether agency erred by transferring claimant's second quarter earnings to the first quarter of 2000; whether claimant's last day of employment was March 31, 2000; whether agency practices constitute unwritten rules; due process
02-0005 State of NH v. Chambers,* Randolph
Attorney General
Appellate Defender
Anthony F. Dipadova Jr.
Conspiracy to sell heroin - late receipt of discovery; denial of speedy trial; denial of motion to change venue due to publicity; double jeopardy violation due to admission of evidence of prior bad act for which defendant had previously been convicted; admission of prior bad act; admission of heroin and laboratory reports indicating amount thereof when only small samples had been tested; allowing jury to review edited transcript of audio recording in violation of Evidence Rule 1002; due process violation resulting from State providing Giglio material only days before trial
02-0006 State of NH v. Chambers,* Randolph
Attorney General
Appellate Defender
Anthony F. Dipadova Jr.
Conspiracy to sell heroin - late receipt of discovery; allowing jury to review edited transcript of audio recording in violation of Evidence Rule 1002; due process violation resulting from State providing Giglio material only days before trial
02-0008 State of NH v. Riendeau,* Pierre G.
Attorney General
Appellate Defender
John P. Newman
Operating after certification as habitual offender – motion to suspend sentence and dismiss felony; whether principles governing habeas corpus petitions govern this proceeding; whether federal "cause" and "prejudice" standard applies to claims that were not raised at trial or on direct review; whether petitioner proved prejudice; whether petitioner waived valid claim of subject matter jurisdiction
02-0011 R. J. Moreau Companies, Inc. v. Town of Litchfield*
Andrew H. Sullivan
Stephen C. Buckley
Municipal regulation - whether lots were vested from town's increased impact fees
02-0019 State of NH v. Fitzgerald,* Michael
Attorney General
Appellate Defender
Jeffrey S. Levin
Operating after certification as habitual offender - whether defendant's four-year period of certification as a habitual offender, imposed in 1991, had expired in 1999
02-0026 State of NH v. Brewster,* Charles C.
Attorney General Stephen T. Jeffco
Theft - whether evidence of intent to repay was inadmissible; failure to instruct jury that it could consider defendant's intent to repay; whether court impermissibly amended indictment; exclusion of evidence that portion of funds at issue belonged to defendant
02-0029 State of NH v. Stott,* Delbert
Attorney General Appellate Defender
Julia M. Nye
Aggravated felonious sexual assault - prejudicial language about other charged offenses in indictment; leading questions; failure to exclude defendant's statements that he did not want to die in jail; failure to exclude officer's pleas with defendant "to be honest"; whether defendant's statements were admissions; allowing use of anatomical drawings
02-0030 State of NH v. Ramos,* Jerry L.
Attorney General Appellate Defender
Tony N. Hutchins
Burglary, aggravated felonious sexual assault - pre-indictment delay; failure to suppress blood samples where warrant for blood withdrawal lacked probable cause; admission of hearsay; violation of pretrial order by witnesses; denial of jury instruction on consent; sufficiency of evidence
02-0035 Appeal of Environmental Action of Northern New Hampshire, Inc. & a.
John J. Yazinski
Bryan K. Gould
Attorney General
Landfill gas flare permit - whether air resources council erred in holding that appellants do not have standing to appeal permit
02-0038 Petition of Eastcoast Home Loans, Inc. & a.
Carol L. Eldridge
Jim Collins, pro se
Mortgage broker application - whether RSA 397-A applies to first mortgages secured by 1-4 family dwellings in NH not occupied by the borrower; whether banking department's requirement limiting appellant's ability to advertise "money to lend" and order conditioning appellant's ability to work as independent agent for licensed broker were abuse of discretion; failure to issue subpoena duces tecum
02-0039 State of NH v. Brouillard,* Wayne
Attorney General Appellate Defender
Jaye L. Rancourt
First degree assault, second degree assault - denial of request to take deposition; admission of photographs of victim's injuries; erroneous jury instruction on the use of force; sufficiency of evidence
02-0041 State of NH v. Kevlik,* Jan
Attorney General Paul J. Twomey
Simple assault - admission of evidence that defendant removed and secreted a weapon after charged offense had occurred; denial of mistrial after prosecutor attempted to adduce improper evidence; whether court erred by allowing prosecutor to argue facts not in evidence
02-0044 Progressive Northern Insurance Company* v. Enterprise Rent-A-Car Company of Boston, Inc.
Gordon A. Rehnborg, Jr.
Doreen F. Connor
Debra L. Mayotte
Automobile insurance - rental vehicles; whether owner of rental vehicle must provide insurance coverage under Financial Responsibility Act with respect to claims made against operator of its rental vehicles
02-0045 Appeal of Richard Lepage, Jr.
Vicki S. Roundy
James E. Owers
Attorney General
Workers' compensation - whether board erred by precluding claimant from transferring his workers' compensation case from Maine to New Hampshire; failure to address whether NH was the "state of hire"

** Docket nos. 2002-0005 and 2002-0006 are consolidated.