Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted December 2003

 

02-0751 State of NH v. Odalis Gonzalez*
Attorney General Appellate Defender
Martin J. Kenney, Jr.
Southern District of Hillsborough County
Conspiracy to sell controlled drugs -- sufficiency of the evidence; whether phone calls were admissible under coconspirator exception to hearsay rule; whether permitting police officers to testify to accuracy of translation from Spanish to English was error; whether permitting State's witness to offer opinion on meaning of phone calls in which he did not participate was error; failure to declare a mistrial after repeated reference to defendant facing time in jail on robbery charge
03-0470 State of NH v. John Flynn*
Attorney General Courtney Worcester
David A. Vicinanzo
Rockingham Superior Court
Aggravated felonious sexual assault -- numerous issues including duplicitous indictments; whether indictment allowed jury to convict on a charge different than that returned by grand jury; sufficiency of evidence; limitation on cross-examination; failure to bar testimony of expert who State failed to properly disclose; jury instructions; denial of continuance
03-0535 Karen Figlioli and Frank Figlioli v. R.J. Moreau Companies, Inc.
James E. Fiest
Thomas E. Craig
Russell F. Hilliard
Richard E. Mills
Douglas N. Steere
for intervenor Peerless Insurance Company*
Northern District of Hillsborough County
Intervention -- breach of contract, breach of warranty, negligence, Consumer Protection Act; whether court erred by denying insurance company's motion to intervene; failure to give jury special verdict form
03-0610 In re Juvenile 2003-0610-A, -B, -C
Case is confidential under RSA chapter RSA 170-C
Sullivan Probate Court
03-0630 Northland Insurance Companies* v. Stanhope Associates, Inc. d/b/a Elliot Agency
Brian T. McDonough Russell F. Hilliard
Northern District of Hillsborough County
Contribution and indemnity -- when claims for indemnification and contribution accrued; statute of limitations
03-0643 Appeal of Mary Ann Flood Poitras*
Brian C. Shaughnessy
Thomas W. Kelliher
NH Compensation Appeals Board
Workers' compensation -- whether board erred by deciding issue not before it; whether board applied correct legal standard; sufficiency of evidence of finding of a change in claimant's medical condition
03-0647 Sands Resort Management Company, Sands Resort at Hampton Beach* v. Daniel Harnum
Daniel R. Hartley Daniel Harnum, pro se
Rockingham Superior Court
Wage claim -- whether housing can be compensation under the statutory definition of "wages"; estoppel
03-0669 NH Water Resources Council* v. Steels Pond Hydro, Inc.
Attorney General James P. Bassett
Howard M. Moffett
Merrimack County Superior Court
Lease of hydroelectric facility -- whether lump sum payment was gross revenue received from power sales under lease; whether lessee's construction of lease is against public policy or unconstitutional; unjust enrichment; promissory estoppel; whether lease is ambiguous
03-0673 In the Matter of Rosemarie E. Hillebrand and Thomas A. Hillebrand*
K. William Clauson
Eugene F. Sullivan, III
Sullivan Superior Court
Post-divorce proceedings -- failure to terminate alimony; whether continued alimony violates Thirteenth Amendment to U.S. Constitution; failure to address requests for findings and rulings; whether contempt finding and order thereon were erroneous; cross-appeal -- whether court erred in denying request for cost of living increase in alimony
03-0676 Karen Figlioli and Frank Figlioli v. J. Moreau Companies, Inc.*
James E. Fiest
Thomas E. Craig

Consolidated w/ 2003-0535
Russell F. Hilliard
Richard E. Mills
Northern District of Hillsborough County
Breach of contract, breach of warranty, negligence, Consumer Protection Act (CPA) -- untimely request for enhanced compensatory damages; whether evidence supported sending issue of enhanced compensatory damages to jury; allowing plaintiffs to resurrect CPA claim after close of discovery; whether expert was qualified; evidentiary issues
03-0678 State of NH v. James McLaughlin*
Attorney General Appellate Defender
Theodore Barnes
Merrimack County Superior Court
Kidnapping, robbery, simple assault, felon in possession of knife -- denial of mistrial after State corrected victim's identification of defendant during direct testimony; sufficiency of evidence
03-0679 Henry F. Goode, Jr.* v. Michael F. Buckley, CPA & a.
John A. Curran Attorney General
Merrimack County Superior Court
Right-to-Know Law -- numerous issues including failure to find waiver of attorney-client privilege; whether court shifted burden of proof on issue of attorney's fees to petitioner; denial of attorney's fees; whether State acted in good faith; whether court erred in its factual findings and analysis
03-0680 Nathan Salter* v. Paul Somero
Corey M. Belobrow Peter M. Solomon
Southern District of Hillsborough County
Partnership -- whether superior court erred by ruling that department of labor had exclusive jurisdiction to decide issue of partnership/business law
03-0682 State of NH* v. Kristen Chace
Attorney General Andrew F. Cotrupi
Portsmouth District Court
Driving while intoxicated -- whether plea offer letter from State was misleading; whether court erred by dismissing DWI complaint
03-0684 State of NH v. Edward Berthiaume*
Attorney General Edward Berthiaume, pro se
Rockingham Superior Court
Possession of controlled drug, simple assault -- sufficiency of evidence; failure to dismiss case after State refused to grant immunity to witness
03-0686 State of NH v. Miguel A. Ortiz, Jr.*
Attorney General Appellate Defender
Neil J. Reardon
Rockingham Superior Court
Sale of heroin -- whether court erred by not allowing a defense witness to testify at trial; allowing State to introduce factual basis of a nol prossed indictment at sentencing
03-0687 John R. Harrington* and Fernanda M. Harrington v. Town of Warner
Margaret H. Nelson Donald E. Gartrell
Merrimack County Superior Court
Municipal regulation -- variance; whether applicant proved undue hardship; whether variance was contrary to spirit of zoning ordinance; failure to determine if variance would nullify or substantially derogate intent of zoning ordinance; failure to rule on proposed findings and rulings
03-0689 NH Water Resources Council* v. Pittsfield Hydropower
Attorney General

Consolidated w/ 2003-0669

James P. Bassett
Douglas L. Patch
Merrimack County Superior Court
Lease of hydroelectric facility -- whether lump sum payment was gross revenue received from power sales under lease; whether lessee's construction of lease is against public policy or unconstitutional; unjust enrichment; promissory estoppel; whether lease is ambiguous
03-0690 Thomas Ireland* v. Town of Candia
Andrew A. Prolman Barton L. Mayer
Rockingham Superior Court
Municipal regulation -- variance; whether motion for rehearing filed with zoning board of adjustment was untimely; whether 30-day period for filing motion is extended to next business day when last day falls on a weekend
03-0691 Frank Marino* v. Elizabeth Mendez
Frank Marino, pro se Elizabeth Mendez, pro se
Franklin District Court
Landlord-tenant -- eviction; whether court erred in ruling that the notice period given in notice to quit was insufficient
03-0694 In the Matter of Michelle (Fogg) Glaude and Kenneth Fogg, II*
Michelle Glaude, pro se
Daniel J. Harkinson
Strafford Superior Court
Child support -- whether court has authority to impose support obligation upon respondent for his former stepson; modifying support obligation from a date earlier than when motion for modification was filed; failure to make allowance for petitioner's child support arrearages in respondent's child support obligation
03-0699 Catherine Gilman, d/b/a Four Seasons Day Care v. J & S Building Realty* (Steve Lombari and Joseph Pizzano)
Keri J. Marshall Joseph L. Hamilton
Rockingham Superior Court
Breach of lease -- sufficiency of evidence of damages
03-0704 Heidi McNair v. Ryan McNair*
Bronwyn Asplund-Walsh Gabriel N. Nizetic
Family Division at Plymouth
Domestic violence -- personal and subject matter jurisdiction; res judicata and collateral estoppel; whether court engaged in improper ex parte investigation into facts of case; whether court had authority to invalidate final domestic order of Texas court
03-0706 In the Matter of Elena S. Buchholz* and Steven M. Buchholz
Doreen F Connor
Mary M. Howie
Family Division at Brentwood
Divorce -- child custody; whether GAL's testimony constituted unfair surprise
03-0710 State of NH v. Peter W. Linley*
Attorney General Lisa A. Wellman-Ally
New London District Court
Driving while intoxicated -- sufficiency of evidence
03-0715 Appeal of Torromeo Trucking Co., Inc.*
Sumner F. Kalman
Thea S. Valvanis
Attorney General

NH Department of Environmental Services
Administrative fines -- terrain and erosion control; whether agency erred in applying principles of collateral estoppel
03-0716 Ronald Grenier v. Kristine Bell-Grenier* and Elizabeth Bell
Richard J. Joyal Edward W. Richards
James M. McNamee Jr.
Tanya Pardo
Southern District of Hillsborough County
Constructive trust -- sufficiency of evidence; failure to rule on requests for findings and rulings
03-0719 Alaina Sweeney* v. Ragged Mountain Ski Area, Inc.
Peter E. Hutchins Robert E. Murphy Jr.
Merrimack County Superior Court
Negligence -- snow tubing; whether plaintiff who was snow tubing was a "skier" for purposes of RSA chapter 225-A; whether defendant ski area is immune from liability pursuant to RSA chapter 225-A; whether negligent design or construction of snow berm intended to stop snow tubers is an inherent risk of the sport
03-0722 Appeal of Acadia Insurance Company*
Raef J. Granger for Charmaine Pescinski
Edward F. Patch for Acadia Insurance
James .E Owers for CNA Insurance Company
NH Compensation Appeals Board
Workers' compensation -- whether board erred by reopening issue on remand in violation of remand order; erroneous ruling regarding subsequent legal aggravation; denial of motion to recuse board member
03-0728 State of NH v. Virginia "Ginger" Anthony*
Attorney General Appellate Defender
Patricia O’Brien Wiberg
Strafford Superior Court
Accomplice to cruelty to animals --failure to dismiss indictment; denial of defendant's motion for discovery; proper mens rea; sufficiency of evidence; denial of mistrial
03-0734 George Dunn* v. Joyce Rowe
Joyce Rowe v. George Dunn
Lanea A. Witkus Joseph S. Hoppock
Sullivan Superior Court
Equitable relief, constructive trust -- whether motion to dismiss was erroneously granted because opposing party did not object; whether action should have been brought in replevin; whether constructive trust was properly pled
03-0746 Winona Springs Water, Inc.* v. Town of New Hampton
John F. Bisson
John G. Cronin
Timothy Bates
Belknap Superior Court
Tax sales -- denial of discovery; whether town was unjustly enriched; whether ruling in Thomas Tool Service v. Town of Croydon, 145 N.H. 218 (2000), should be retroactively applied; unconstitutional taking; whether taxpayer and town are tenants in common pursuant to White v. Town of Wolfeboro, 131 N.H. 1 (1988)
03-0755 Jay C. Edwards v. Minato Auto, LLC*
Robert A. Shaines Bernard W. Pelech
Portsmouth District Court
Landlord-tenant, commercial property -- eviction; whether notice to quit stated with specificity the reason for eviction; denial of discretionary stay; whether court set forth basis for its decision as required by RSA 540:13, VI; failure to name necessary party
03-0758 State of NH v. Michael Bell*
Attorney General Appellate Defender
Matthew J. Lahey
Carroll Superior Court
Criminal threatening -- sufficiency of evidence
03-0798 Petition of Judicial Conduct Committee*
William C. Saturley
Attorney General
Original jurisdiction -- whether creation of judicial conduct commission or statute requiring that all complaints be directed to commission violates NH Constitution; whether Laws 2003, chapter 319 was enacted constitutionally; whether Judicial Conduct Committee or Judicial Conduct Commission, or both, have authority to investigate the conduct of judges after January 1, 2004

* Docket no. 2003-0535 is consolidated with docket no. 2003-0676

* Docket no. 2003-0669 is consolidated with docket no. 2003-0689