| 2002-0361 | State of NH Attorney General |
v. | Lowell Mark Hall* Mark L. Sisti |
| Sexual assault, simple assault -- sufficiency of
evidence |
|||
| 2002-0565 | David G. Staples K. William Clauson George E. Spaneas |
v. | Nicholas A. Shorter & a. Robert G. Whaland for McLaughry Assoc., Inc.* |
| Fraud, Consumer Protection Act -- whether
Consumer Protection Act applies to real estate brokers; whether court erred by giving
enhanced damages instruction; admission of three separate plaintiff expert reports |
|||
| 2002-0568 | William Morrissey* & a. Joshua L. Gordon Jed Z. Callen |
v. | Town of New Boston Leslie C. Nixon |
| Land use, estoppel -- whether RSA chapter 221-A
permits construction of parking lot on land acquired under Land Conservation Investment
Program; whether town is estopped from building parking lot on conservation area |
|||
| 2002-0592 | State of NH Attorney General |
v. | Daniel Small* Appellate Defender Dawnangela Minton |
| Felony stalking - whether court erroneously
failed to dismiss case or set aside verdict; sufficiency of evidence; jury instructions;
prosecutorial misconduct; whether sentence is unconstitutional because disproportionately
harsh |
|||
| 2002-0608 | Mark H. Horne* & a. Frank P. Spinella, Jr. |
v. | Pauline T. Chase K. William Clauson George E. Spaneas |
| Purchase and Sale of Real Property - whether
buyers' refusal to close on June 20, 2002 was breach of contract entitling seller to
discharge obligation; cross-appeal - whether the right to prepayment, the ability to sell
the mortgaged premises and pay off the mortgage, or the assignability of the obligations
of the mortgage is a reasonable and customary term that should be implied into a purchase
and sale contract which contemplates a note and mortgage but is silent as to their terms |
|||
| 2002-0617 | State of NH Attorney General |
v. | Cory MacElman* George H. Ostler |
| Possession of marijuana -- whether police were
authorized to make warrantless entry upon property; community caretaking exception to
warrant requirement |
|||
| 2002-0618 | State of NH Attorney General |
v. | Michael Rezk* Appellate Defender Joseph C. Malfitani |
| Theft, attempted burglary, felon in possession of
and felonious use of a firearm -- failure to suppress statements made to police; denial of
request for subpoenas; sufficiency of evidence; whether indictment properly alleged
offense of attempted burglary |
|||
| 2002-0628 | Joyce Rowe Joseph S. Hoppock |
v. | George Dunn* William E. Conner |
| Domestic violence -- failure of court to make any
finding of criminal conduct; whether plaintiff was abused; sufficiency of evidence |
|||
| 2002-0637 | Richard Knapp & a. Edward M. Van Dorn, Jr. |
v. | Tennessee Gas Pipeline Co. & a. Gregory S. Clayton Holly M. Polglase Adam A. Larson Corey M. Belobrow for Acadia Ins. Co.*, intervenor |
| Workers' compensation lien -- apportionment of
attorney's fees; whether court erred by assessing entire attorney's fee and costs of
recovery from third party against insurer holding workers' compensation lien |
|||
| 2002-0644 | Appeal of Source Electronics Corporation* (compensation appeals board) Robert E. Raiche, Sr. for Estate of Robin L. Pelletier Merrick C. Weinstein for Source Electronics Corp. & a. Attorney General |
||
| Workers' compensation -- failure of board to
require proof of both legal and medical causation; whether board erred in its treatment of
competing expert opinion evidence; failure of board to rule upon requests for findings |
|||
| 2002-0653 | In the Matter of Robin L. Gowing* and Catherine
Gowing R. Peter Decato for Robin L. Gowing James R. Laffan for Catherine Gowing |
||
| Divorce -- whether court should impute income to
respondent; sufficiency of evidence to support unequal property distribution and award of
alimony |
|||
| 2002-0654 | Appeal of Sanford Woodmansee* (compensation appeals board) Gregory D. Robbins for Sanford Woodmansee Eric G. Falkenham for Florida Textures, Inc. & a. Attorney General |
||
| Workers' compensation -- numerous issues
including whether board erroneously shifted burden of proof to claimant; sufficiency of
evidence; whether claimant has earning capacity; failure of board to adequately set forth
factual basis for decision; attorney's fees |
|||
| 2002-0678 | State of NH Attorney General |
v. | Raymond J. Bahmer* Appellate Defender Richard C. Guerriero, Jr. Katherine Cooper |
| Reckless conduct, unauthorized use of motor vehicle – certiorari petition; whether RSA 135:17-a violates due process and equal protection by placing burden on incompetent criminal defendant to prove that his competency cannot be restored through mental health treatment including medication; whether statute violates due process by compelling defendants to undergo mental health treatment | |||