Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted November 2002

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