Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted May 2002


01-655 Alan Parker McCartney* v. Debra L. McCartney
pro se Lenora Boehm
Domestic violence – lack of notice that hearing would be treated as final hearing; failure to notify parties' counsel that domestic violence petitions had been filed and were being heard on a final basis
01-657 State of NH v. James Skinner*
Malinda Lawrence Appellate Defender
Keith F. Barnaby
Petition to annul arrest – whether unproven allegation of violent crime is sufficient to preclude petition to annul arrest; whether RSA 651:5, VI applies to preclude annulment; allowing State to present evidence in defiance of previous court order; consideration by court of substantive evidence presented by State
02-0036 State of NH v. Nancy Lamprey*
Attorney General David M. Rothstein
Matthew J. Lahey
Manslaughter, first degree assault, reckless conduct - allowing view and reenactment of truck traveling at 35 m.p.h.; admission of prior acts of defendant; allowing expert testimony not previously disclosed; erroneous causation jury instruction; whether court erred in giving statutory speed limit jury instruction; erroneous response to jury question
02-0043 Mary P. Hopwood* v. Robert J. Pickett & a.
Michael E. Chubrich Philip R. Desfosses
Charles A. Degrandpre
Ann M. Rice
Probate estate - constructive trust; exclusion of 1996 trial testimony; failure to conduct complete new trial; sufficiency of evidence
02-0053 Katherine Fancett,* Peter Fancett, Karen Booth and Stephen C. Booth v. Commissioner, Department of Health and Human Services, and the Office of the Treasurer of the State of New Hampshire
Mark N. Rufo Orville B. Fitch
Marriage license fee - whether $38 portion of the marriage license application charge under RSA 457:29 is a fee or a tax
02-0130 Stewart Title of Northern New England, Inc. v. Jeanne M. Jasper,* Wells Fargo Equipment Finance, Inc. and United Capital Bank
Michael E. Chubrich Marc W. McDonald
John L. Ahlgren
Interpleader -- whether May 7, 2001 tax lien is inferior to May 23, 2001 judgment lien; whether court erred by divesting joint owner of all funds without allowing her to present evidence; whether court lost jurisdiction when funds were distributed to the IRS
02-0132 State of NH v. Robert Knapp*
Attorney General Chris McLaughlin
Driving while intoxicated, driving after suspension -- admission of "abstract of driver history record"
02-0153 In the Matter of Nancy J. Gilmore and William E. Gilmore, Jr.*
Robert A. Shaines
Edwinna C. Vanderzanden
Costs – expert witness fees; failure to follow procedural requirements of Superior Court Rule 87; whether court erred by awarding fees substantially in excess of those required for witness's appearance at trial
02-0167 Gary W. Russell v. Warden, NH State Prison, Berlin
Janice S. Peterson 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
02-0177 NH Civil Liberties Union v. City of Manchester*
Andru H. Volinsky Daniel D. Muller, Jr.
Right-to-Know Law -- whether court erred by ordering police department to compile photographs in a format that did not already exist; whether photographs are exempt from disclosure on the grounds of invasion of privacy
02-0178 Appeal of the Taylor Home* (City of Laconia)
George R. Moore
Daniel E. Will
Adele M. Fulton
Attorney General
Property tax exemption -- whether taxpayer filed timely appeal of city's denial of charitable exemption
02-0179 Appeal of the Taylor Home* (Town of Sandwich)
George R. Moore
Daniel E. Will
Walter L. Mitchell III
Attorney General
Property tax exemption -- whether taxpayer filed timely appeal of town's denial of charitable exemption
02-0180 Barbara Bielagus* & a. v. EMRE of New Hampshire Corp. & a.
John F. Bisson
John G. Cronin
Anthony M. Ambriano
Daniel J. Murphy
Derek C. Anderson
Alexander J. Walker, Jr.
David S. Phillips
Promissory note -- successor liability; failure to apply continuity of enterprise doctrine to hold defendant liable; failure to find de facto merger; sufficiency of evidence; whether guaranteed payments to corporate shareholders, officers and directors under "noncompetition agreements" are essentially disguised ownership in the purchasing equity for purposes of concluding that a de facto merger has occurred
02-0181 Petition of WMUR Channel 9* & a.
James P. Bassett
Martha Van Oot
Jeffrey C. Spear
Richard C. Guerriero, Jr.
Attorney General
Freedom of the press - whether press has constitutionally protected interest in utilizing still photography or audio/video recording to report on pretrial, trial, and post-trial proceedings; burden of proof; applying ban without undertaking fact-specific consideration; finding that jury and trial participants would be adversely affected where there was no evidence to support such a finding
02-0188 John Furbush* v. Joseph McKittrick, Esquire and John Lyons, Esquire
Edgar D. McKean III
Leslie H. Johnson
Catherine A. Blanchard
William C. Saturley
Legal malpractice -- statute of limitations; whether defendant failed to notify plaintiff and/or file third party claim; whether defendant breached standard of care by failure to perform choice of forum analysis; cross-appeal -- exclusion of evidence of plaintiff's criminal history and alcohol use; excluding evidence of plaintiff's earnings prior to 1989
02-0190 Appeal of Melissa Currin,* J. Jill Group, Inc. and Royal & Sunalliance Insurance Co.
Shawn E. Nichols
J. Kirk Trombley
Stephen J. Schulthess
Workers' compensation -- whether appeal from hearing officer to compensation appeals board by one aggrieved party preserves appeal for all aggrieved parties; whether appealing party may assign its appeal rights to another party; due process
02-0194 David A. LeBlanc* v. Wrenn Associates, Inc.
John P. Griffith Kelly J. Gagliuso
Contracts -- commissions; whether sales representative whose contract was terminated is entitled to payment of commissions received after termination
02-0197 Michelle Madeja v. MPB Corporation d/b/a Split Ballbearing*
Heather M. Burns
Robert Upton II
Craig L. Staples
Sexual harassment -- numerous issues including denial of JNOV for employer on claim of employer liability for co-worker sexual harassment; denial of JNOV on issue of punitive damages in light of employer's good faith effort to comply with Title VII; whether special verdict form included all necessary material issues; erroneous jury instructions; admission of subsequent sexual harassment allegation against plaintiff's supervisor; exclusion of evidence of plaintiff's misconduct and poor work performance with prior employers
02-0198 Big League Entertainment, Inc. d/b/a Chunky's Cinema Pub* v. Brox Industries, Inc. and Bill Hall, Inc.
John B. Garvey
Derek D. Lick
William L. Tanguay
Mark F. Sullivan
Statute of limitations -- whether three-year or eight-year limitations period applies to this construction deficiency claim; whether summary judgment was erroneous because material fact was in dispute
02-0200 State of NH v. Mark Jones*
Attorney General Appellate Defender
Donna J Brown
Driving after certification as a habitual offender, disobeying a police officer -- whether officers had reasonable articulable suspicion to support investigatory stop of defendant's car based on tip from unknown informants or based on independent observations of police
02-0201 State of NH v. Francis P. Dutton*
State of NH v. Deborah Dutton*
Attorney General pro se
Unlawfully tagging deer -- violation of numerous rights
02-0203 In the Matter of Brandy Guerrero and Francisco Guerrero*
Richard C. Follender
Robert G. Daniels
Francis G. Holland
Divorce -- unequal distribution of property
02-0206 Sherry Tasker,* Sarah Tasker, through her mother and next of kin/friend, Sherry Tasker v. Fiesta (Canada) Barbeques, Ltd.,* Fiesta Gas Grills, LLC, TruServe Corporation, Jackson Furniture Industries, Inc., Mark V, Inc. (d/b/a Longos) (Third Party Action) Fiesta Canada (Canada) Barbeques, Ltd. and Fiesta Gas Grills, LLC v. Fayco Industries, Inc.
Garry R. Lane
Lawrence S. Smith
Elizabeth Leonard
Richard E. Mills
James C. Wheat
Paul L. Apple
Donald J. Perrault
John B. Garvey
Gregory A. Moffett
Products liability – indemnification; whether court has personal jurisdiction over defendant; co-appeals
02-0208 Bonnita Rancourt,* Janice Johnson, Erlo Johnson, Diane Packard, Christopher Packard, Gerry Wells, and Katharine Smith v. City of Manchester
David E. Lefevre Daniel D. Muller, Jr.
Paul L. Apple
Municipal regulation -- zoning variance to stable horses; whether property contained "special conditions" within meaning of RSA 674:33, I(b); whether unnecessary hardship existed
02-0211 State of NH v. Beau Illsley*
Attorney General Appellate Defender
Theodore N. Barnes
Accomplice to first degree assault -- sufficiency of evidence
02-0212 State of NH v. Donald Dennis*
Attorney General Appellate Defender
David R. Hammerstad
Reckless conduct -- sufficiency of evidence
02-0231 Michael L. Mooney* v. Nationwide Mutual Insurance Company and Joann Bergeron d/b/a The Bergeron Agency a/k/a Bergeron Insurance Agency
Francis G. Murphy, Jr. Stephen J. Schulthess
Uninsured motorist coverage – whether insured's alleged misrepresentation to insurer regarding use of his vehicle was material; whether equitable rescission of policy was proper remedy
02-0236 State of NH v. Thomas Coombs*
Attorney General Stephen T. Jeffco
Driving while intoxicated, failure to use turn signal -- whether court erred by allowing "certifying scientist" to testify in place of analyst who did laboratory test on blood sample
02-0255 Helen Remsburg, Administratrix of the Estate of Amy Lynn Boyer v. Docusearch, Inc. d/b/a Docusearch.com & a.
David M. Gottesman Dona Feeney
Carol L. Hess
Michael J. Iacopino
Steven B. Ross
Wrongful death, invasion of privacy, Fair Credit Reporting Act, Consumer Protection Act -- whether private investigator or information broker selling information about a third party has any duty owed to the third party; whether cause of action exists against investigator who sells social security number; whether cause of action exists against investigator who obtains work address by means of pretextual telephone call and sells it; certified questions from U.S. District Court

** Docket no. 2002-130 is consolidated with docket no. 2001-329.