| 00-628 | In re Jasmine L. | ||
| Margo Cooper, for Amy L.* Elizabeth Cazden Michael Laws Peter Goldsmith Anne Edwards |
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| 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 |
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| 01-485 | In the Matter of Pamela P. Ward and James P. Ward* | ||
| Doreen F.Connor Frank E. Kenison Douglas Ingersoll Thomas G. Cooper |
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| Divorce – whether child support guidelines
include non-custodial parent’s obligation to pay uninsured medical and counseling
expenses |
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| 01-509 | Appeal of Lumberman's Underwriting Alliance* | ||
| Edward Stewart Kevin W. Stuart Charles T. Giacopelli Attorney General |
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| 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 |
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| 01-562 | State of NH | v. | Gottling,* William H. |
| Attorney General | George H. Ostler |
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| Driving while intoxicated – whether court
applied proper standard of proof |
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| 01-572 | State of NH | v. | Beauregard,* Arnold |
| Attorney General | Robert J. Moses |
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| 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 |
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| 01-590 | State of NH | v. | Hyslop,* Theodore |
| Attorney General | Appellate Defender Nancy A. DeAngelis |
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| 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 |
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| 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. |
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| 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 |
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| 01-642 | In the Matter of Frederick Feddersen* and Shelley Feddersen (now Cannon) | ||
| Elizabeth Cazden William E. Brennan Patricia A. Murphy Scott F. Innes GAL |
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| 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 |
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| 01-662 | Stephens,* Gerald | v. | Quirk, Judith Ann (f/k/a Stephens) |
| pro se | Patricia Murphy |
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| 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 |
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| 01-671 | Robinson,* Michelle J. | v. | Town of Hudson |
| Denis O. Robinson | Stephen C. Buckley |
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| 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 |
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| 01-673 | State of NH | v. | Coutu,* David a/k/a David Hebert |
| Attorney General | Barry I. Harkaway |
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| Second degree assault – motion for new trial;
ineffective assistance of counsel |
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| 01-676 | In the Matter of Theresa Couture and Gregory Couture* | ||
| Douglas L. Ingersoll F. Michael Keefe Janet DeVito GAL |
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| Divorce – whether court erred by imputing to
appellant the ability to earn income higher than his present income |
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| 01-679 | State of NH | v. | Jessica Fleetwood |
| Attorney General | Appellate Defender Bruce E. Kenna |
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| 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 |
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| 01-680 | In re Estate of Geraldine M. Locke | ||
| G. Wells Anderson Simone D. Masse Susan Keller |
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| Probate estate – inheritance of interstate
estate; whether RSA 561:3 bars paternal first cousins once removed from inheriting
one-half of estate |
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| 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 |
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| 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 |
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| 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 |
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| Post-divorce proceedings – whether court
impermissibly modified final property settlement |
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| 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 |
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| 01-695 | State of NH | v. | Blackstock,* Gregory |
| Attorney General | Paul J. Garrity |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 01-700 | State of NH | v. | Tallard,* Henri Paul, Jr. |
| Attorney General | Appellate Defender George H. Ostler |
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| 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 |
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| 01-702 | Monahan-Fortin, LLC | v. | Town of Hudson* |
| Andrew A. Prolman | Stephen C. Buckley |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 01-713 | Appeal of Northeast Rehabilitation Hospital* | ||
| William D. Pandolph Joni N. Esperian Attorney General |
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| 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 |
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| 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 |
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| Wrongful death – directed verdict; whether
court erred in ruling that roofing work was not inherently dangerous activity |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 01-731 | Appeal of Town of Brookline* | ||
| James M. McNamee for Town of Brookline James Donchess for Brookline Police Officers’ Association Attorney General |
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| 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 |
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| 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 |
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| 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 |
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** Docket nos. 2000-628 and 2001-596 are consolidated.