| 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.