Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted March 2002

01-634 State of NH v. Juan Rosario*
Attorney General Raylene Wentz-Fischer
Appellate Defender
Driving after certification as habitual offender – failure to dismiss indictment where habitual offender certification occurred more than four years before offense; denial of motion to suppress evidence obtained by stop of defendant's car by police; delay in presenting case for re-indictment; whether court erred in interpreting RSA 579:14-b; sufficiency of evidence; whether sentence should have been limited to maximum of 12 months because State failed to prove felony
02-0025 In re Estate of William C. Constance
Michael C. Harvell, for Eleni Constantopoulos*
Alex J. Koromilas
William G. Scott
Probate estate - will contest; numerous issues including whether testator had requisite testamentary capacity to execute a will; whether there was undue influence; whether presumption exists of sanity and capacity; improper assignment of burden of proof; failure to set aside will as being the result of mistake
02-0027 Lydia Wallace* v. School Administrative Unit #72 Alton School District
K.W. Clauson Donald E. Gardner
Michael A. Ricker
Settlement agreement - whether court erred in applying statute of frauds to bar oral agreement; cross-appeal - whether issue of material fact existed concerning whether attorney possessed school board's implied authority to promise future employment; application of parol evidence rule; whether alleged contract was void as against public policy; whether contract was supported by consideration and sufficiently definite to enforce; failure to grant summary judgment
02-0067 State of NH v. Denis Chadwick*
Attorney General George H. Ostler
Driving while intoxicated -- whether police had reasonable suspicion to stop defendant's motor vehicle
02-0077 Gertrude Sternberg,* Marjorie Fisher, Marijane Black v. Nancy S. Tierney and Samuel R. Reid, III, Trustee
Robert E. Fisher Nancy S. Tierney
Michael J. Bolduc
Trust -- petition to terminate; whether settlor's intent could be determined; whether trust could not be terminated because remainderman objected; failure to rule on question whether trust could be modified
02-0079 State of NH v. Terry Thomas*
Attorney General Mark M. Rumley
Appellate Defender
Receiving stolen property -- whether court erred by allowing defendant to proceed pro se; denial of request to subpoena defendant's previous counsel; whether court erred by forcing defendant to proceed to trial with stand-by counsel who has a conflict of interest; denial of mistrial when jury overheard objections at sidebar; failure to allow impeachment of police officer with information tantamount to felony behavior; denial of transcript of suppression hearing; failure to consider motions in limine filed on day of trial
02-0080 Janice J. Cook & a. John D. Sullivan* and Diane E. Sullivan
Mark S. Derby
Robert C. Varney

Philip P. Bonafide, III
Injunctive relief -- nuisance, water diversion, trespass, negligence; numerous issues including res judicata and collateral estoppel; denial of proffer of department of environmental services file; whether court erred in ordering that fill and buildings be removed from particular area; sufficiency of evidence; failure to apply balancing test and properly weigh hardship to respondents
02-0084 Gregory Marceau d/b/a/ Concord Heritage Life Agency v. Concord Heritage Life Insurance Company*
Robert J. Meagher Martha V. Oot
Trade name -- whether Insurance Commissioner must approve filings pertaining to trade names before corporate documents effecting change of name can be accepted by Secretary of State; failure of court to defer to interpretation of statutes by insurance commissioner and secretary of state
02-0098 In re Juvenile 2002-0098
John D Macintosh
David N Sandberg
Ronald L Abramson
Michael R Chamberlain
Attorney General
Nicholas Brodich
Katherine B Stearns
Case is confidential under RSA chapter 169-C.