| 02-0287 | State of NH | v. | Chad Evans* |
| Attorney General |
Appellate Defender Mark L. Sisti Alan J. Cronheim |
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| Second degree murder, second degree assault, simple assault, endangering welfare of a child -- admission of excited utterances; improper jury instruction that jury could consider false statements by defendant as evidence of consciousness of guilt; sufficiency of evidence | |||
| 02-0349 | Appeal of Louis Cote* | ||
| Christopher E. Grant, for claimant Andrew A. Merrill, for James River Corporation |
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| Workers' compensation -- whether board erroneously rejected only legally competent evidence of permanent impairment | |||
| 02-0363 | Appeal of Town of Durham* | ||
| J. Joseph McKittrick, for Town John S. Krupski, for union |
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| Public employees -- unfair labor practices; whether probationary employee is covered by collective bargaining agreement; consideration of extrinsic evidence of parties' intent | |||
| 02-0422 | State of NH | v. | Eugene Menard* |
| Attorney General | David M. Rothstein |
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| Possession of controlled drug -- whether affidavit provided probable cause for search of defendant's mother's home; whether search and seizure was reasonable | |||
| 02-0434 | Lee James Enterprises, Inc. | v. | Town of Northumberland* |
| R. James Steiner | Timothy Bates |
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| Tax sale -- proceeds of sale by town to third party; whether the ruling in Thomas Tool Services v. Town of Croydon, 145 N.H. 218 (2000), is limited to parties in that case and to any similar cases pending as of the date of that decision | |||
| 02-0436 | William McNeir Richmond* Environmental Showcase, Ltd.* |
v. v. |
Andrew Hutchinson Andrew Hutchinson |
| William M. Richmond, pro se | Bryan W. Clickner |
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| Wage claim -- whether employer had "financial ability to pay"; whether employer acted willfully | |||
| 02-0441 | State of NH | v. | Ray Hannon* |
| Attorney General | Appellate Defender Theodore Lothstein Joseph Welsh |
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| Aggravated felonious sexual assault -- sufficiency of evidence of penetration; whether court erred by considering prior bad acts at sentencing where the evidence was insufficient to establish the prior bad acts | |||
| 02-0443 | Kay's Realty, Inc. | v. | Town of Hudson* |
| J. Bradford Westgate | Stephen C. Buckley |
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| Municipal regulation -- whether planning board decision to apply growth management ordinance to condominium project was unreasonable; allowing expert to testify to subject not disclosed in expert witness disclosure; cross-appeal - whether RSA 676:12, V exempts landowner who has filed complete application for site plan approval from proposed amendments to zoning ordinance when new notice of public hearing is required on substantive changes to amendments that were proposed after site plan application was complete and acceptable | |||
| 02-0444 | In the Matter of State of NH ex rel Valerie Dutcher* and David Jones | ||
| Diane M. Puckhaber, for petitioner Attorney General David Jones, pro se |
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| Child support -- whether RSA 168-A:1 applies to adult children; whether unwed parent has same financial obligations to child as married parent; failure to order parent to contribute to child's college educational expenses | |||
| 02-0445 | State of NH | v. | John W. Goss* |
| Attorney General | George H. Ostler |
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| Possession of marijuana -- failure to suppress result of search where affidavit contained evidence derived from two prior warrantless entries and searches of defendant's garbage located upon his property | |||
| 02-0448 | Appeal of the Town of Newington, NH* | ||
| Robert Upton, II, for Town Michael D. Ramsdell, for Newington Energy, LLC and Hawkeye Funding Limited Partnership Attorney General |
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| Property tax exemption -- failure of agency to commence adjudicative proceeding or hold hearing; failure to allow town to present evidence; grant of permanent exemption for costs of temporary "construction practices" associated with construction of non-exempt generators | |||
| 02-0453 | Diana Wolters | v. | American Republic Insurance Company* |
| Andrew D. Dunn | Elizabeth Cazden John P. Shea |
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| Health insurance – subrogation; whether equitable right of reimbursement exists for health insurance carrier from subscriber who recovers compensation from tortfeasor causing medical expenses; whether health insurance carriers are by law the primary obligor for payment of medical expenses | |||
| 02-0455 | Sherryland, Inc.* | v. | Regina Snuffer |
| Charles A. Russell | Elaine L. Baillargeon |
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| Landlord-tenant -- eviction; denial of motion to recuse; res judicata; whether notice to quit was vague and failed to comply with RSA 205-A:5; whether subsequent notice to quit acted as an election of remedies and a waiver of rights under first notice to quit | |||
| 02-0456 | Donald P. Chisholm, Jr. | v. | Ultima Nashua Industrial Corporation* & a. |
| Meredith P. Cook | Eleanor H. Maclellan |
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| Contract -- employment benefits; whether document was enforceable employment agreement; whether defendant willfully and without good cause violated a known contract obligation, thereby triggering liquidated damages; whether court erred in doubling the jury verdict after initiating its own jury inquiry | |||
| 02-0457 | Mark Grenier d/b/a Royalty Automotive Services* | v. | Barclay Square Commercial Condominium Owners' Association & a. |
| Robert E. Ducharme | Sanford N. Roberts |
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| Condominium -- illegal towing of vehicles parked in common area; failure to award attorney's fees; whether respondents acted unreasonably or in bad faith; whether condominium association, which illegally towed vehicles, should have been ordered to pay towing and storage costs for the vehicles; cross-appeal -- whether court misconstrued condominium document language applying to designated parking spaces; whether court misconstrued condominium parking rule regarding remedies available to condominium association; attorney's fees | |||
| 02-0468 | State of NH | v. | Andrew P. Lorton* |
| Attorney General | Anthony F. DiPadova , Jr. |
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| Driving while intoxicated -- sufficiency of evidence of intoxication | |||
| 02-0469 | June Balke & a. | v. | City of Manchester* |
| Jed Z. Callen | Daniel D. Muller, Jr. |
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| Municipal water supply -- whether city violated RSA 485:14 when it fluoridated its water system | |||
| 02-0470 | Town of Ossipee* | v. | Whittier Lifts Trust & a. |
| Richard D. Sager | Donald C. Crandlemire Arthur W. Hoover Attorney General |
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| Property tax abatement -- whether landowner has taxable interest in State-owned communications tower affixed to the land; whether assessment of real property for tax purposes can be based on its highest and best use as a site for a communications tower when tower is State-owned; whether landowner is "using or occupying" State-owned communications tower; whether tower is realty; co-appeal -- whether Whittier Communications has taxable interest in tower; whether court prematurely decided State's obligations under agreement; whether court misconstrued agreement; collateral estoppel | |||
| 02-0473 | In the Matter of Raymond K. Ellis* and Susan Ellis | ||
| Keri J. Marshall, for petitioner John A. Macoul, for respondent |
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| Divorce -- failure to consider wife's pension in property division; unequal distribution of property; failure to remove husband from mortgage after awarding marital home to wife; ordering child support when children are emancipated and not minors; failure to specify what college costs husband is required to pay | |||
| 02-0474 | State of NH | v. | Ruben Gonzalez* |
| Attorney General | Appellate Defender James Quay Soudabeh Tahnmassebipour |
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| Aggravated felonious sexual assault, felonious sexual assault, sexual assault -- allowing lay witness to testify about commonness of recantations in sexual assault cases; admission of evidence of prior bad acts; due process and right to confront witnesses | |||
| 02-0476 | State of NH | v. | Craig Davidson* |
| Attorney General | Paul J. Haley |
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| Sentence amendment - whether eligibility waiting period in RSA 651:20 applies separately to consecutive sentences; failure to apply rule of lenity; judicial estoppel; ex post facto laws | |||
| 02-0479 | Appeal of James Beeler* | ||
| Andru H. Volinsky, for petitioner Andrea K. Johnstone, for Cheshire County Emily Rice, for Cheshire County Personnel Committee |
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| Public employment – termination; denial of request for recusal; reliance by personnel commission on grounds for termination that were not detailed in a statement of grounds and reasons signed by a majority of the county commissioners | |||
| 02-0481 | William Berliner | v. | Craig Clukay d/b/a Treeline Timber* |
| Gregory S. Clayton | Edwinna C. Vanderzanden |
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| Negligent timber trespass – admission of irrelevant testimony of plaintiff's emotional reaction to timber cut; improper jury instructions; sufficiency of evidence; whether damages awarded were excessive; exclusion of mitigating evidence | |||
| 02-0482 | Gina Zola* | v. | Marjorie Kelley |
| Paul A. Rinden | Carol L. Hess |
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| Negligence – motor vehicle accident; whether plaintiff was comparatively negligent; admission of plaintiff's prior drug conviction; whether plaintiff waived objection to admission of prior conviction | |||
| 02-0483 | Route 12 Books & Video* & a. | v. | Town of Troy |
| Keri J. Marshall Francis X. Quinn, Jr. |
Silas N. Little, III | ||
| Municipal regulation -- site plan; whether appeal of planning board decision was untimely; whether letter from planning board constituted a "decision"; whether town failed to follow its own procedure for revision and resubmission of applications | |||
| 02-0484 | State of NH | v. | Steven Summa* |
| Attorney General | John A. Wolkowski |
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| Sale of controlled drug, conspiracy to sell controlled drugs, felonious use of firearm -- sufficiency of evidence; whether actions before jury raising safety concerns regarding guns and ammunition marked as evidence had prejudicial effect on defendant | |||
| 02-0489 | State of NH | v. | Stephen Plouffe* |
| Attorney General |
Appellate Defender Alfred Farese |
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| Aggravated felonious sexual assault, prohibited computer pornography – admission of prior bad acts; exclusion of evidence of "coaching" of the alleged victims; sufficiency of the evidence | |||
| 02-0496 | In the Matter of Linda A. Plaisted and Grahame J. Plaisted* | ||
| Michael L. Laws, for petitioner Barry I. Harkaway, for respondent |
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| Child support modification -- whether court erred by considering assets in addition to income in determining amount of child support; whether court erred by ordering that child support continue whether or not the respondent is receiving unemployment benefits; whether court erred by modifying award of dependency deduction for child | |||
| 02-0499 | In re Guardianship of Georgia Robison Beale* | ||
| Thomas A. Rappa, Jr., for guardians Thomas H. Trunzo, Jr., for ward |
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| Guardianship -- whether ward has a right to counsel after imposition of a guardianship when a guardian ad litem has been appointed; if ward has right to counsel, what is role of attorney; interlocutory transfer without ruling; whether guardian's fees and hourly rate were unreasonable; whether Rolfe standard for fiduciary compensation applies to guardian where ward has not requested guardian's services and earlier had had a falling out with the guardian | |||
| 02-0501 | Maynard & Paquette Engineering Associates, L.L.C. | v. | Collette Mall* |
| Richard A. Maynard, pro se | Peter N. Larose |
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| Land surveying contract -- whether court erred in awarding damages absent written contract or mutual understanding of the terms of any contract | |||
| 02-0502 | Hayden Babb* and Laurette Babb | v. | Benjamin Clark |
| Matthew B. Cox Paul R. Cox |
Dennis T. Ducharme |
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| Negligence -- motor vehicle accident; where defendant's negligence is one cause of injury, does plaintiff have burden to prove quantity of injury caused by defendant's negligence | |||
| 02-0538 | Bayson Properties, Inc.* & a. | v. | City of Lebanon |
| William B. Pribis David W. Rayment |
H. Bernard Waugh, Jr. Barry C. Schuster, for intervenor A.D. McKibbin |
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| Municipal regulation -- planning board decision; numerous issues including application of RSA 677:6 review standard to planning board decision; whether issue of bias was preserved for review; whether plaintiffs satisfied site plan regulations; failure of board to provide assistance to applicants; whether plaintiffs are entitled to "builder's remedy" | |||
** Docket no. 2002-0448 is consolidated with 2002-0335.
Docket no. 2002-0455 is consolidated with 2002-0420.