Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted June 2002

01-252 Appeal of Kenneth J. Lindbloom*
Richard J. Walsh
Thomas Kelliher
Attorney General
Workers' compensation – denial of interest on unpaid medical bills and expenses
01-580 Sherman D. Horton, Jr.,* David A. Brock and John T. Broderick, Jr. v. Attorney General for the State of NH and the State of NH
Kevin M. Leach
David L. Nixon
Philip T. McLaughlin
Nancy C. Smith
Attorney's fees and costs – impeachment proceedings; whether reimbursement of attorney’s fees and costs incurred by judicial officer in resisting impeachment and removal proceedings is non-justiciable; whether NH common law allows reimbursement of attorney’s fees and costs incurred by judicial officer in resisting impeachment and removal proceedings under a "public trust" doctrine; whether dismissal of petition violates equal protection
02-0125 Dennis M. Riley, Jr. v. Warden,* NH State Prison
Alexander E. Roth
Attorney General
Habeas corpus -- driving after certification as a habitual offender; whether felony indictment under RSA 262:23 must allege underlying offense; whether defendant waived objection to indictment by pleading guilty
02-0140 Appeal of Verizon New England, Inc.* d/b/a Verizon New Hampshire
Mark C. Rouvalis
Sarah B. Knowlton
Frederick J. Coolbroth
Robert M. Derosier
Eric Branfman
Philip J. Macres
Martin L. Gross
E. Barclay Jackson
Richard C. Fipphen
Alan D. Mandle
Cynthia Carney-Johnson
William Durand
Frank P. Spinella Jr.
Mary E. Burgess
Jay E. Gruber
Kenneth Salinger
Jennifer A. Duane
Scott Sawyer
Michael W. Holmes
Attorney General
Public utilities -- whether PUC erred by denying Verizon 80% of its costs of providing DC electric power to competitors it must serve; whether PUC erred in calculating installation costs of power equipment and in calculating Verizon's power investment costs
02-0155 Peter DeVere v. State of NH*
Jonathan H. Meyer Attorney General
Driver Privacy Act -- whether petitioner had standing to challenge failure to disclose motor vehicle records; whether commissioner erred by refusing to disclose records on grounds that disclosure would be invasion of privacy and contrary to public interest; whether definitions of "legitimate business" and "research" in department of safety rules are valid
02-0209 In re Christina L.
Judy T. Constantian, for mother*
Andrew M. Shusta
Paul M. DeCarolis
Attorney General
Case is confidential under RSA chapter 169-C
02-0218 In the Matter of Amal Jawa and Vinod K. Jawa*
Joshua L. Gordon
Ronald Sutherland
Divorce -- erroneous award of stock account; double-counting of stock account
02-0220 State of NH v. Stephen J. Robinson*
Attorney General Howard N. Gross
Misuse of power -- whether city ordinance prohibiting misuse of power is invalid or unconstitutional
02-0224 Town of Raymond v. Kenneth Patterson* and Bernadette Patterson
Robert A. Battles Daniel R. Hartley
Trespass, adverse possession -- whether deeds are latently ambiguous; whether boundary in deed can be changed by a later in time plan; whether court erred in locating boundaries; whether intent of grantor in a deed can be determined by referencing extrinsic evidence where deed is unambiguous; whether road was in existence at time of deed
02-0237 In the Matter of Christopher D. Davis* and Penelope S. Davis
Doreen F. Connor
Marsha N. Kazarosian
Divorce -- whether award of alimony was erroneous; whether court erred in relying on agreement made in 2000 as evidence of what parties considered fair when husband's employment terminated in 2001; if 2000 agreement is enforceable, failure to excuse payment of alimony under agreement due to unemployment
02-0239 State of NH v. Dwayne Thompson*
Attorney General Appellate Defender
Donna J. Brown
First degree murder -- numerous issues including limiting testimony of Dr. Kinsler; denial of jury instructions on circumstantial evidence and flight; admission of evidence of flight; admission of statements by defendant under Evidence Rule 803(3); exclusion of evidence of defendant's use of alcohol; denial of motion in limine regarding DNA testing; sufficiency of evidence of premeditation and intent
02-0240 In the Matter of Bradford Watterworth and Julie Watterworth*
Keri J. Marshall
John A. Macoul
Divorce -- whether pension contributions are mandatory and not includable for child support consideration; whether court erred in valuing interest in orthodontic practice and in pension and profit-sharing plans; erroneous award of child support and alimony; arbitrary restrictions on movement of wife as custodial parent
02-0241 State of NH v. Kathleen Obst*
Attorney General Appellate Defender
Neil J. Reardon
Aggravated felonious sexual assault, felonious sexual assault -- denial of motion for victim’s records without a hearing; denial of defendant's motion for further discovery; failure to exclude tape and transcripts of defendant's intercepted conversation with victim; whether defendant had sufficient information to cross-examine adverse witness at trial
02-0247 BankNorth Group, Inc. v. Barbara J. Eldridge*
George H. Thompson Jr.
Gregory D. Palkon
Brian T. Stern
Assumpsit, unjust enrichment -- whether plaintiff failed to provide defendant with timely notice of dishonor of check; whether conditional endorsement relieved defendant of obligations as endorser; whether defendant's statements constituted disclaimer of liability; whether RSA 382-A:416 warranties apply and whether they were breached and caused damages
02-0258 State of NH v. Antoine Valentin*
Attorney General Appellate Defender
Patrick E. Donovan
Burglary, first degree assault -- sufficiency of evidence of possession or use of deadly weapon; admission of prejudicial evidence of beating and injuries sustained by third party with which defendant was not involved; prosecutorial misconduct where prosecutor offered his personal views concerning credibility of witnesses; denial of mistrial or curative instruction
02-0261 Sheldon Robbins, M.D. v. Salem Radiology,* Robert Hannon, Robert Schall and James Johnston
Jack B. Little Michael R. Callahan
Partnership -- whether court misconstrued partnership agreement regarding withdrawal of partner
02-0263 Neil B. Schneider*
Neil B. Schneider
Orrin L. Davis
Park Place Motel, Inc.
Michael S. McGrath Susan M. Champagne
Anthony I. Blenkinsop
Michael B. O'Shaughnessy
Negligence, negligent supervision -- whether under doctrine of spoliation jury was entitled to infer that defendant destroyed swing because inspection of swing would have revealed negligence; whether disputed issue of material fact exists
02-0265 Fastrack Crushing Services, Inc. v. Abatement International/Advatex Associates Inc.* and American Guarantee and Liability Insurance Co.
Frank P. Spinella, Jr. Brian T. Tucker
Statutory payment bond -- numerous issues including failure of claimant to give proper notice of claim; whether surety and contractor waived right to present evidence challenging manner and duration of claimant's contract performance; whether surety and contractor are barred from introducing parol evidence; whether court erred in determining amount due from the bond; award of late fees and attorney's fees
02-0268 In re Estate of Grace E. Grundy
Kevin M. Fitzgerald for James Gundy*
Ms. Marianne Doyle
G.Wells Anderson
Philip Curtin, Executor
Distribution of estate -- failure to even-handedly administer order implementing divorce stipulations; whether court erred in charging all expenses of administration against property awarded to petitioner; whether estate has interest in motor vehicle
02-0269 State of NH v. Paul Schmitt*
Attorney General Appellate Defender
Paul A. Halvorsen
Driving after certification as habitual offender -- admission of report of hearings examiner; allowing State to refer to report as an "order"; due process; failure to issue valid certification order; sufficiency of evidence
02-0271 Robert Engelhardt* and Cynthia Engelhardt v. Concord Group Insurance Companies
Peter E. Hutchins Gordon A. Rehnborg, Jr.
Underinsured motorist coverage -- whether plaintiff is entitled to coverage under two uninsured motorist policies issued by same carrier; whether petitioner is entitled to stack coverage under the two policies, or is entitled to higher of the two policy limits
02-0277 State of NH v. Christopher Sirrell*
Attorney General Appellate Defender
Lincoln T. Soldati
Kidnapping, criminal threatening -- numerous issues including not allowing cross-examination of victim concerning prior false allegations of sexual harassment; exclusion of witness's prior assault charge; admission of prejudicial photographs; limitation on defendant's cross-examination; admission of evidence regarding defendant's brother's firearm; reliance by State at sentencing upon evidence related to charges for which defendant was acquitted; whether two kidnapping charges constitute a single continuous offense
02-0279 In the Matter of Steve A. Kalaitzidis* and Malamati Kalaitzidis
J. Campbell Harvey
Ms. Malamati Kalaitzidis
Divorce -- numerous issues including award of permanent alimony in excessive amount; erroneous valuation of business; inequitable distribution of marital property
02-0280 Karen Meehan v. Thomas A. Gleason*
Ms. Karen Meehan
Paul F. Coddington, Jr.
Landlord-tenant -- eviction from mobile home park; whether notice to quit provided tenant with thirty days notice
02-0281 In re Kory M.*
Attorney General
Appellate Defender
Diana G. Bolander
Case is confidential under RSA chapter 169-C
02-0283 In the Matter of Karen Folley and Michael P. Folley*
John A. Macoul
Laura J. Gandia
Divorce -- whether court erred in determining amount of child support
02-0288 State of NH v. Geraldine Spencer*
Attorney General Appellate Defender
Brian P. McEvoy
Forgery, theft -- denial of motion to change venue; denial of counsel's motions to withdraw; denial of motion to suppress; failure to ask voir dire question pertaining to racial bias; sufficiency of information; sufficiency of evidence; improper closing argument by State
02-0294 State of NH v. Helda L. Cameron*
Attorney General Harry N. Starbranch, Jr.
Driving while intoxicated -- whether arrest was illegal
02-0296 William B. Dunkerley* and Elaine V. Dunkerley v. Lawrence Curley, Carol Curley, Patrick Curley, and Darlene Cassidy
Mr. William B. Dunkerley Ms. Elaine V. Dunkerley
Kenneth L. Russell, Jr.
Contempt -- right-of-way; whether court erroneously ruled in a manner inconsistent with powers granted to planning board; whether court erred in applying doctrine of reasonable use in granting right-of-way; whether court erred in finding plaintiffs in contempt and in ordering plaintiffs to remove boulders and metal posts
02-0297 State of NH v. Gregg Hull*
Attorney General Robert J. Moses
Driving while intoxicated, subsequent offense; felony reckless conduct -- whether Massachusetts conviction was "reasonably equivalent" to a NH DWI conviction; whether automobile is a deadly weapon as used in this case; double jeopardy; sufficiency of evidence
02-0322 In the Matter of Frederick J. Feddersen* and Shelley Feddersen (now Cannon)
William E. Brennan
Elizabeth N. Cazden
Patricia A. Murphy
Post-divorce proceedings -- child support; whether court erred by basing child support for next 3-4 years on 2001 income, which included one-time extraordinary income; whether court erred by ordering obligor to escrow extraordinary income to guarantee payment of future child support