| 03-0265 | State of NH | v. | Randall B. Hofland* | ||
| Attorney General | Randall B. Hofland, pro se |
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| Parking violation -- whether defendant had adequate notice of parking restriction; whether high cost removes obligation to provide notice; sufficiency of the evidence; whether addition of $10 fee was unconstitutional | |||||
| 03-0302 | In the Matter of Thomas F. DeSteph* and Tracy A. DeSteph | ||||
| Thomas F. DeSteph, pro se Tracy A. DeSteph, pro se |
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| Child support modification -- failure to retroactively modify child support | |||||
| 03-0318 | Cambridge Mutual Fire Insurance Company,* Subrogee of Merle Wilbur and Tammy Wilbur | v. | Thomas Crete | ||
| Paul B. Kleinman | Ralph N. Suozzo |
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| Negligence -- whether court erred by adopting "Sutton Doctrine"; denial of motion to amend; whether extension of Sutton Doctrine to non-subrogation claim of loss caused by fire violates equal protection | |||||
| 03-0326 | State of NH | v. | Michael Gerard Dolbec* | ||
| Attorney General | Michael G. Dolbec, pro se |
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| Passing a school bus -- sufficiency of evidence; admission of hearsay | |||||
| 03-0333 | Petition of Ronald McCauley* | ||||
| Alan N. Linder for petitioner Attorney General |
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| Aid to the permanently and totally disabled -- whether rule allowing 30 days to file reconsideration motion violates federal law; failure to inform petitioner of his right to move for reconsideration or to appeal, and the relevant timeframes | |||||
| 03-0334 | Jennifer Manock | v. | Jim Collins* | ||
| Patrick M. Carron | Jim Collins, pro se |
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| Landlord-tenant -- whether landlord-tenant relationship exists; whether appellant can be ordered to supply water to mobile home being occupied without his permission; whether water outage outside of appellant's control constitutes willful violation of RSA chapter 540-A | |||||
| 03-0355 | In the Matter of the State of NH and Charles M. Nova* | ||||
| Attorney General Charles Novak, pro se |
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| Child support -- whether court erred in ruling State was not required to reimburse respondent for overpayment of child support; failure to return monies taken by tax intercept of which respondent was not given proper notice | |||||
| 03-0371 | Citicorp Vendor Finance, Inc. | v. | MICBEC, LLC and Charles E. Bachelder* | ||
| Jack S. White Davi M. Peters |
Peter J. Duffy | ||||
| Collection action -- guarantor; whether plaintiff entitled to summary judgment against guarantor of an agreement that did not bear a genuine signature of the party whose obligations had been guaranteed; whether material facts were in dispute regarding damages | |||||
| 03-0377 | Onway Lake Association | v. | Town of Raymond & a. | ||
| Michael L. Donovan | Robert D. Ciandella John D. Colliander for intervenor, J.D. Realty Trust* |
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| Municipal regulation -- whether court applied wrong standard of review of zoning board of adjustment (ZBA) decision; whether evidence supported ZBA's findings; failure to take judicial notice; erroneous interpretation of 1987 special exception; distinction between zoned uses permitted as of right or approval by ZBA and change of use review by planning board under site review regulations; vested rights | |||||
| 03-0378 | State of NH | v. | Harold F. Sherman* | ||
| Attorney General | Appellate Defender Justin Shepherd |
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| Probation violation -- admission of hearsay without opportunity to confront and cross-examine the arresting police officer | |||||
| 03-0380 | In the Matter of Toni E. Jerome* and Raymond W. Jerome | ||||
| Peter G. McGrath for petitioner Andrew J. Piela for petitioner David J. Braiterman for respondent |
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| Post-divorce proceedings -- whether court erroneously divided final marital property settlement; whether personal injury settlement was income for purposes of calculating child support; whether court had authority to modify child support retroactively under circumstances of this case | |||||
| 03-0381 | United Services Automobile Association* | v. | James Miller, K.J.'s Electric, Inc., and Town of Atkinson | ||
| Jennifer L. Murphy |
Charles P. Bauer Andrew D. Dunn Sumner F. Kalman Michael Hatem |
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| Negligence -- limitation of action; whether current version of RSA 508:4-b, which provides eight-year period in which to bring action, applies where defendants' tortious conduct occurred and cause of action arose before effective date of statute | |||||
| 03-0382 | Appeal of NH Department of Environmental Services* | ||||
| Attorney General William D. Pandolph for Town of Sunapee Water & Sewer Commission James Q. Shirley for John M. Dixon & Lake Sunapee Property Rights & Conservation Association |
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| Lake Sunapee -- no-swim rule; whether water council erred by ruling that nonenforcement of an administrative rule precludes subsequent enforcement of that rule; whether environmental services acted arbitrarily by denying request for waiver of no-swim rule; failure to allow environmental services to refute testimony of expert | |||||
| 03-0383 | State of NH | v. | Andrew Trudell* | ||
| Attorney General | Appellate Defender Brian P. McEvoy |
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| Criminal threatening – Miranda violation; failure to dismiss indictment; allowing unqualified juror to sit; sufficiency of evidence; admission of prior bad act | |||||
| 03-0388 | Cary Silverstein* | v. | Town of Alexandria | ||
| Gabriel N. Nizetic | John J. Ratigan |
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| Permit to carry firearm -- delay of six months by police chief in acting on permit request; allowing police to rely on after-acquired evidence and new reason for denial of permit during court review; whether burden of proof improperly shifted to appellant; failure to compel production of documents | |||||
| 03-0392 | Robin Ryan d/b/a The Elements of Style* | v. | Louis F. Clarizio and Rana J. Clarizio | ||
| Stephen J. Dibble | Gregory D. Wirth |
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| Contracts -- payment; failure of court to consider sanctions other than dismissal of case for failure to comply with pretrial order; whether court erred by dismissing case | |||||
| 03-0395 | State of NH | v. | Jeremy McIntyre* | ||
| Attorney General |
Ryan L. Russman | ||||
| Aggravated felonious sexual assault -- denial of motion to sever indictments | |||||
| 03-0398 | Summa Humma Enterprises, LLC d/b/a MB Tractor* | v. | Town of Tilton & a. | ||
| Laura A. Spector Scott H. Harris |
Mark H. Puffer |
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| Municipal regulation -- planning board; whether approval of fifty-foot flagpole instead of ninety-foot flagpole was legal and reasonable; whether court erred by not considering evidence that had not been presented to planning board; whether planning board's order constituted a conditional approval of application for flagpole | |||||
| 03-0399 | In the Matter of Lisa M. Escalera (Urdanoff) and Richard P. Escalera* | ||||
| Doreen F. Connor for petitioner Kevin P. Rauseo for respondent |
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| Post-divorce proceedings -- numerous issues including whether respondent was in contempt; sufficiency of evidence; whether court's decision exceeded scope of pleadings and hearing; failure of court to consider tax consequences involved with selling stock; ripeness | |||||
| 03-0400 | In the Matter of Joseph S. Eisenberg* and Roberta L. Eisenberg | ||||
| Patrick J. Sheehan for petitioner Robert M. Shepard for respondent |
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| Divorce -- failure to make adequate findings supporting unequal division of property; whether court erred in dividing property unequally | |||||
| 03-0401 | The Blackthorne Group, Inc.* | v. | Pines of Newmarket, Inc. | ||
| Marie M. McPartlin Joel M. Eads, pro hac vice |
Frank P. Spinella, Jr. | ||||
| Breach of contract, quantum meruit, unjust enrichment -- whether real estate practice act precludes recovery of business consulting fee earned in connection with private sale of a going concern; whether court erred in finding that plaintiff acted as a broker and that sale constituted a transaction in real estate; whether plaintiff's failure to have license should operate to deny plaintiff any compensation | |||||
| 03-0403 | In the Matter of Heather Hamilton and Mark D. Borak* | ||||
| John A. Macoul for petitioner Jean-Claude N. Sakellarios for respondent |
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| Child support modification, contempt -- whether evidence supports court's finding as to amount of respondent's present income; whether court erred in finding respondent in contempt in light of respondent's inability to make required payments | |||||
| 03-0407 | Mary Carignan | v. | Dennis Carignan, Leslie Wheeler,* NH Speedway, Inc.* & NH International Speedway* | ||
| Matthew J. Lahey | Michael J. Lambert Kenneth G. Bouchard Barry M. Scotch Erica U. Bodwell |
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| Negligence -- numerous issues including whether duty of care created when non-motorist signals a driver to proceed; denial of directed verdict; denial of remittitur; numerous evidentiary issues; sufficiency of evidence; failure to reconvene jury; co-appeals | |||||
| 03-0408 | In the Matter of Allan W. Wade and Gail Wade* | ||||
| John A.M. Hinsman for petitioner Jon S. Hanson for respondent |
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| Divorce -- inequitable property division; whether court erred in supporting its division of property by taking into consideration its finding that one party was unlikely to contribute to future child support due to a problem with alcohol | |||||
| 03-0412 | State of NH | v. | James L. French* | ||
| Attorney General | Appellate Defender Brian P. McEvoy |
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| Driving after certification as habitual offender -- denial of motion to suppress | |||||
| 03-0421 | Nathaniel S. Thayer* | v. | Town of Tilton | ||
| Charles A. Russell | Donald E. Gartrell |
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| Municipal regulation -- cease and desist order; laches; whether town ordinances relating to stockpiling and land application of sludge are pre-empted by state and federal laws; whether petitioner had vested right to use biosolids on his land | |||||
| 03-0422 | State of NH | v. | Stephen Dowman* | ||
| Attorney General |
Richard G. Sheehan | ||||
| Possession of child pornography -- whether probable cause was shown by affidavit to support issuance of search warrant | |||||
| 03-0427 | State of NH | v. | Frank Simone* | ||
| Attorney General |
Appellate Defender Charles F. O’Leary |
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| Stalking, breach of bail conditions -- whether district court had jurisdiction over stalking complaints; procedural due process; sufficiency of evidence | |||||
| 03-0429 | Town of Wakefield | v. | Donald L. McMullin* | ||
| Richard D. Sager | Mark D. Hanlon |
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| Municipal regulation -- whether court erred by ordering respondent to complete all landscaping within sixty days | |||||
| 03-0434 | State of NH | v. | James J. Hall* | ||
| Attorney General |
Appellate Defender Donna J. Brown William Schultz |
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| Second degree murder -- exclusion of evidence of racism in statements of victim; denial of motion to recuse trial judge; failure to present exculpatory evidence to grand jury; erroneous jury instruction; failure to further limit coverage by electronic media; failure to order prison to stop taking actions causing defendant anxiety | |||||
| 03-0437 | EnergyNorth Natural Gas, Inc. | v. | Utica Mutual Insurance Company & a | ||
| EnergyNorth Natural Gas, Inc. | v. | Underwriters at Lloyd's | |||
| Bruce W. Felmly | Paul W. Hodes John L. Rivkin Robert J. Gallo Vincent S. Ziccolella Richard W. Bryan Edmund J. Boutin Robert J. Bates, Jr. Kevin C. Devine John D. Frumer Emily G. Rice Paul A. Leodori Melinda S. Gehris Stephen Roberts Doreen F. Connor John A. Guarascio Ann Bickford James C. Wheat Eileen B. Eglin Michael F. Aylward Kevin E. Buchholz John L. Putnam Kimball Ann Lane George W. Lindh |
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| Insurance -- hazardous contaminants; what "trigger-of-coverage" standard applies to determine when an "accident" or "occurrence" causing property damage takes place where hazardous contaminants leaked into site and migrated through soil and groundwater over time; certified question from federal district court | |||||
| 03-0473 | David Follansbee* | v. | Plymouth District Court | ||
| Richard Kelly* | v. | State of NH | |||
| Appellate Defender | Attorney General |
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| Bail -- whether RSA 597:20, entitling bail commissioners to fee of $30 upon setting bail, violates New Hampshire Constitution; interlocutory transfer | |||||
| 03-0482 | Petition of NH Bar Association | ||||
| Russell F. Hilliard Attorney General |
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| Original jurisdiction -- constitutionality of Laws 2003, chapter 250; whether mandated deunificiation of bar and dues rebate violate NH Constitution and inherent power of court to regulate bar; whether lobbying restrictions violate Federal Constitution; whether mandated referendum improperly interferes in the affairs and charter of a private organization in violation of Contract Clause of Federal Constitution | |||||