Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted January 2002

00-628 In re Jasmine L.
Margo Cooper, for Amy L.*
Elizabeth Cazden
Michael Laws
Peter Goldsmith
Anne Edwards
Visitation agreement - enforcement; whether court has authority to enforce adoption agreement giving natural parent visitation rights; whether adoptive parents waived their right to challenge validity of agreement
01-485 In the Matter of Pamela P. Ward and James P. Ward*
Doreen F.Connor
Frank E. Kenison
Douglas Ingersoll
Thomas G. Cooper
Divorce – whether child support guidelines include non-custodial parent’s obligation to pay uninsured medical and counseling expenses
01-509 Appeal of Lumberman's Underwriting Alliance*
Edward Stewart
Kevin W. Stuart
Charles T. Giacopelli
Attorney General
Workers' compensation – whether claimant established medical causation; whether board ignored medical opinions and substituted its own judgment; failure of board to conduct an aggravation versus recurrence analysis; whether board improperly shifted burden of proof onto carrier
01-562 State of NH v. Gottling,* William H.
Attorney General George H. Ostler
Driving while intoxicated – whether court applied proper standard of proof
01-572 State of NH v. Beauregard,* Arnold
Attorney General Robert J. Moses
Driving while intoxicated – motion to vacate conviction based on plea; failure of court to create adequate record for appeal; whether motion to vacate was untimely
01-590 State of NH v. Hyslop,* Theodore
Attorney General Appellate Defender
Nancy A. DeAngelis
Aggravated felonious sexual assault – numerous issues including failure to suppress contents of intercepted telephone call; admission of prior bad acts; denial of mistrial; admission of evidence that victim made prior disclosures of sexual assaults by defendant
01-596 In re Jasmine L.
Michael L. Laws for adoptive parents*
Margo Cooper for Amy L.
Peter D. Goldsmith GAL for Amy L.
Anne M. Edwards GAL for Jasmine L.
Adoption – whether court violated due process by vacating adoption and withdrawing the relinquishment of the child's biological mother on the basis of fraud; denial of procedural due process; whether biological parent was fraudulently induced to relinquish her parental rights; retrospective application of post-adoption decision that a pre-relinquishment open adoption agreement was not enforceable; whether third party can fraudulently induce a biological parent into relinquishing her parental rights in light of RSA 170-B:8
01-642 In the Matter of Frederick Feddersen* and Shelley Feddersen (now Cannon)
Elizabeth Cazden
William E. Brennan
Patricia A. Murphy
Scott F. Innes
Post-divorce proceedings – numerous issues including whether respondent signed permanent stipulation as a result of fraud or as a result of intentional nondisclosure of material facts upon which she actually and reasonably relied; whether disclosures made to a party's lawyer are equivalent to disclosures made to a party; whether party has obligation to further investigate pending lawsuit that may affect value of a marital asset; whether fiduciary duty exists between separated spouses whose divorce is pending; whether under Superior Court Rule 158 party is required to list as income proceeds of lawsuit brought by closely-held corporation; sufficiency of evidence
01-662 Stephens,* Gerald v. Quirk, Judith Ann (f/k/a Stephens)
pro se Patricia Murphy
Stalking – numerous issues including barring competent material witness from testifying and refusing to permit offer of proof; failure to accord full faith and credit to prior permanent protective order
01-671 Robinson,* Michelle J. v. Town of Hudson
Denis O. Robinson Stephen C. Buckley
Municipal regulation – zoning variance; numerous issues including whether appellant appealed all five conditions of granting a variance; reliance by trial court upon worksheets completed by ZBA members; whether court erred in requiring appellant to show that grant of variance would benefit public interest rather than merely not be contrary to public interest; whether court erred in finding that proposed dwelling would block access to remaining lots in subdivision; exclusion of testimony of town engineer; whether application of frontage requirement amounts to unconstitutional taking
01-673 State of NH v. Coutu,* David a/k/a David Hebert
Attorney General Barry I. Harkaway
Second degree assault – motion for new trial; ineffective assistance of counsel
01-676 In the Matter of Theresa Couture and Gregory Couture*
Douglas L. Ingersoll
F. Michael Keefe
Janet DeVito
Divorce – whether court erred by imputing to appellant the ability to earn income higher than his present income
01-679 State of NH v. Jessica Fleetwood
Attorney General Appellate Defender
Bruce E. Kenna
Second degree murder – where initial pre-Miranda confession was suppressed, whether court erred by admitting subsequent post-Miranda confessions; whether medical examiner's testimony was beyond his expertise and inadmissible; whether mother's consent given to police to use defendant's notebook was sufficient to permit introduction of notes found in notebook
01-680 In re Estate of Geraldine M. Locke
G. Wells Anderson
Simone D. Masse
Susan Keller
Probate estate – inheritance of interstate estate; whether RSA 561:3 bars paternal first cousins once removed from inheriting one-half of estate
01-687 Moody,* Deborah, Co-Administratrix to the Estate of Raymond Baker and m/n/f to Kayley Baker, and Theresa Cromwell, Co-Administratrix of the Estate of Raymond Baker and m/n/f to Raymond Baker-Cromwell and Sean Baker-Cromwell v. Continental Paving, Inc.
Peter E. Hutchins Richard E. Mills
Wrongful death – whether application of statutory immunities in RSA 215-A:34, RSA 212:34 and RSA 508:14 to claim of reckless or wanton conduct of landowners violates State Constitution
01-689 In the Matter of Glenn F. Newberry and Denice J. Newberry*
John L. Allen for Ms. Newberry
Carolyn S. Garvey for Mr. Newberry
Post-divorce proceedings – whether court impermissibly modified final property settlement
01-690 Oleson,* Michael v. Town of Chester and Chester Zoning Board of Adjustment
Sumner F. Kalman
Thea S. Valvanis
Dean B. Eggert
Municipal regulation – where court found that property enjoyed non-conforming use due to previously granted variance, whether court erred in finding that property remained residentially zoned and zoning board of adjustment applied proper de novo review
01-695 State of NH v. Blackstock,* Gregory
Attorney General Paul J. Garrity
Aggravated felonious sexual assault – sufficiency of evidence; exclusion of expert testimony; whether court erred by ruling that defendant's privileged statements could be used on cross-examination if defendant chose to testify
01-698 Witcomb, Charles W. H. and Francis R. Witcomb* v. City of Dover and Dana C. Mitchell, Chairman of DCFY
Paul McEachern George E. Wattendorf for City of Dover
Dana C. Mitchell, pro se
Right-to-Know Law – whether Dover Coalition for Youth conducts public proceedings within the meaning of RSA 91-A:1-a; whether person attending public meeting has reasonable expectation that his words would not be recorded on tape; denial of evidentiary hearing
01-699 Cumberland Farms, Inc. v. City of Nashua and City of Nashua Planning Board
Costco Wholesale Corporation,* Intervenor
Malcolm R. McNeill, Jr. for plaintiff
John V. Dwyer and Laura A. Spector for intervenor
David R. Connell
Municipal regulation – subdivision approval; numerous issues including whether planning board by-law prohibits considering subdivision proposal that would resolve pending litigation; whether court erred in concluding that subdivision approval would not resolve litigation; whether abutter had standing to invoke by-law; whether frontage is required on "accepted" street in order to subdivide property; whether city ordinance was intended to be more restrictive than RSA 641:41; whether court improperly shifted burden of proof; whether planning board decision approving subdivision of commercial property was illegal or unreasonable
01-700 State of NH v. Tallard,* Henri Paul, Jr.
Attorney General Appellate Defender
George H. Ostler
Assault by a prisoner – motion to modify sentence; failure to modify extended term of imprisonment where indictment did not allege facts necessary for an extended term, and jury was not instructed concerning facts necessary to impose extended term
01-702 Monahan-Fortin, LLC v. Town of Hudson*
Andrew A. Prolman Stephen C. Buckley
Municipal regulation – growth management ordinance; whether court erred by extending protection from growth management to condominium site plan where project had not been approved by planning board and had not been assessed impact fees
01-704 Appeal of Vijay Basani, WebManage Technologies, Inc. and Network Appliance, Inc.*
Alexander J. Walker, Jr. for appellants
Jeffrey D. Spill for Bureau of Securities Regulation
Attorney General
Securities regulation – whether sales of stock to investors at issue in this matter are exempt from the licensing and registration requirements of RSA 421-B:6 and :11; whether bureau erred in singling out Basani for prosecution in this matter
01-712 New England Dragway, Inc. v. M-O-H Enterprises, Inc.*
Mark Weaver
Ann Larney
, Attorney General’s Office
Mark F. Sullivan
Contempt – whether RSA chapter 421-A violates Commerce Clause
01-713 Appeal of Northeast Rehabilitation Hospital*
William D. Pandolph
Joni N. Esperian
Attorney General
Whistleblowers' Protection Act – numerous issues including whether whistleblowers' claim was time-barred; whether claim should have been dismissed because claimant was not an employee when she made her report; whether hearing officer erred in finding that claimant was not hired due to her report of another individual's claim of an alleged violation of law; reliance upon document not introduced into evidence at hearing; sufficiency of evidence of lost wages; whether officer ordered relief not authorized by statute
01-716 DuBois,* Barbara, Individually and as Administratrix of the Estate of William DuBois and Rebecca DuBois by her mother and next friend, Barbara A. DuBois v. Trinity Church of the Nazarene and Stanley Knapp d/b/a Stanley Knapp Custom Builder
R. David DePuy
Jeremy T. Walker
Michael Lonergan
Gregory M. Eaton
Wrongful death – directed verdict; whether court erred in ruling that roofing work was not inherently dangerous activity
01-720 Petition of Dr. Jeffrey Haines*
Russell F. Hilliard for Dr. Haines
Mary Donne Peters and John D. MacIntosh for James J. and Joanne Doe, as parents and legal guardians of James W. Doe
Emily G. Rice for Dr. Robert Vidaver
Diane M. Nicolosi for Dr. Peter Stephens
Bradley D. Holt for Lakes Region Mental Health Center, Inc. d/b/a Genesis, d/b/a The Counseling Group, d/b/a Cornerstone, John A. Acker, Ken Norton and Faith Pappachristo
Anne M. Edwards for NH Hospital, Chester Batchelder, Terry Martin, and John Does #1-5
Physician-patient privilege – whether defendant in civil proceeding for negligence may be compelled to reveal confidential medical and psychiatric records based on allegation that defendant's negligence resulted from his illness
01-727 In re Estate of Roland A. Bennett*
Bernard W. Pelech for Constance Morrison
Vincent A. Wenners, Jr. for James Bennett, Administrator
Barbara Bennett, pro se
Dana Bennett, pro se
Scott Bennett, pro se
Reagan Bennett, pro se
Jon Bennett, pro se
Seasons Mortgage Group, pro se
Probate estate – creditor's claim; whether failure to timely file suit against estate was due to culpable neglect when failure was due to non-disclosure by administrator of assets; failure to hold evidentiary hearing
01-731 Appeal of Town of Brookline*
James M. McNamee for Town of Brookline
James Donchess for Brookline Police Officers’ Association
Attorney General
Public employee labor relations – whether board erred by including police sergeant with supervisory authority in bargaining unit; failure to provide hearing on motion to amend petition for certification
01-735 In the Matter of Theresa Moeller Subs Watson and Paul D. Moeller*
Barbara L. Parker for Mr. Moeller
Theresa Watson, pro se
Attorney General
Post-divorce proceedings – requiring child support in excess of cost of current post-secondary tuition; failure to allocate any portion of tuition expense to petitioner or child

** Docket nos. 2000-628 and 2001-596 are consolidated.