Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted February 2003


02-0248 In the Matter of Randi Okun* and Stephen Okun
Doreen F. Connor for the petitioner
Jean-Claude N. Sakellarios for the respondent
Post-divorce proceedings -- whether court erred by switching primary physical custody of children; whether mother's relocation to a place five hours from father justifies termination of primary physical custodial rights; failure of court to find that relocation would substantially harm children's relationship with father
02-0705 State of NH v. Lawrence Woodard*
Attorney General Mr. Lawrence Woodard, pro se
Enhanced sentence -- whether trial court erred by imposing enhanced sentence without a jury having found the factors that allowed for an enhanced sentence
02-0726 The Norwood Group, Inc.* & a. v. Rose Marie Phillips & a.
John F. Bisson
John G. Cronin
Alexander J. Walker, Jr.
Anthony M. Ambriano
Judgments, fraudulent transfer -- statute of limitations
02-0743 State of NH v. Angel Roldan*
Attorney General Richard Monteith, Jr.
Drug enterprise leader, conspiracy to sell controlled drugs -- whether court erred by granting application for wire tap; allowing untrained witnesses to testify to the accuracy of Spanish translations; admission of hearsay; failure of State to produce all exculpatory evidence; denial of jury instruction
02-0753 Petition of the State of New Hampshire*
Attorney General
John A. Wolkowski
for Steven Summa
Terrence M. Kennedy, pro hac vice, for Steven Summa
Alan J. Cronheim for Chad Evans
Mark L Sisti for Chad Evans
Philip D. Cross for Allan Cullen
Sentence review -- whether sentence review division exceeded its authority by denying State's petitions for sentence review based on a collateral matter of constitutional law; whether lack of specific notice to defendants at sentencing hearings that State could petition for sentence increase violated due process
02-0762 State of NH v. William Carbo*
Attorney General Richard Monteith, Jr.
Felonious sexual assault, violation of protective order -- failure to suppress results of consent search; denial of mistrial after witness testified to prior bad acts; failure to excuse juror who possibly communicated with victim and his family
02-0772 State of NH v. Eric Cousens*
Attorney General Gregory K. O'Connell
Driving while intoxicated -- sufficiency of evidence; whether defendant drove vehicle
02-0786 HippoPress, LLC v. SMG (A Pennsylvania Partnership) d/b/a SMG Operations* & a.
Brenda N. Keith Alexander J. Walker, Jr. for SMG and City of Manchester

Daniel E. Will for SMG and City of Manchester
Gregory V. Sullivan for Union Leader Corporation*

Injunction -- whether plaintiff has constitutional right to distribute newspapers inside city-owned arena; whether contract with Union Leader was reasonable regulation of speech; whether fact that a single newspaper is permitted to be distributed in arena requires that all other newspapers be given equal opportunity to distribute; whether court erred in finding state action; whether court erred in finding violation of First Amendment rights; cross-appeal -- whether State Constitution provides greater protection to press than does First Amendment to US Constitution; failure to award attorney's fees
02-0790 State of NH v. Ernest T. Madore, Jr.*
Attorney General Lawrence A. Vogelman
Aggravated felonious sexual assault -- denial of motion for discovery of victim's counseling records; denial of mistrial
02-0800 State of NH v. Nicholas Memole*
Attorney General R. Peter Decato
Simple assault -- sentencing; whether court erred in considering allegations of sexual assault at sentencing where sexual assault charges had been nol prossed; sufficiency of evidence
02-0812 Russell Shopland and Lindsay Shopland v. Town of Enfield*
Barry C. Schuster Barton L. Mayer
Municipal regulation -- variance; numerous issues including whether plaintiffs had burden of proving variance would not be contrary to public interest; whether court improperly substituted its judgment for that of ZBA; whether applicant must prove unique hardship inherent in the land; improper expansion of a non-conforming use; failure to require plaintiffs to produce expert testimony
02-0813 K. Ventures, LLC* v. Town of Hudson
K. Ventures, LLC v. Town of Hudson
Robert M. Parodi Stephen C. Buckley
Municipal regulation -- subdivision; whether lots had adequate frontage; whether court erred in upholding planning board's denial of consolidation and subdivision plan
03-0002 State of NH v. Allen Belton*
Attorney General Appellate Defender
Katherine Cooper
Benjamin Felcher
Robbery -- failure to suppress evidence gathered as a result of illegal detention and arrest; failure to suppress defendant's statements to police; failure to sanction State for not providing exculpatory evidence; admission of evidence of dog track without proper foundation; admission of jacket and mask despite incomplete chain of custody; admission of DNA evidence when State's expert was not qualified to render opinion on relevance
03-0003 State of NH v. Frederick P. Dubois*
Attorney General Roy W. Tilsley, Jr.
Possession of controlled drug -- whether officers were entitled to conduct protective sweep for weapons in defendant's home; whether officer was entitled to seize knife and prescription bottle
03-0004 State of NH v. Cindy Grant-Chase*
Attorney General Appellate Defender
Behzad Mirhashem
John Newman
Solicitation of solicitation of murder -- whether indictment alleging "solicitation of solicitation" should have been dismissed; failure to suppress recording made without defendant's consent; admission of uncharged bad acts; whether county attorney should have been disqualified; admission of recording of defendant's conversation with her father; erroneous jury instructions regarding cooperating witnesses; sufficiency of evidence
03-0005 In the Matter of Harry C. Ramsey * and A. Jean Ramsey
Anna B. Hantz for petitioner
Kris E. Durmer for respondent
Post-divorce proceedings -- whether court erred in finding alimony arrearage accrued after expiration of the order for alimony; estoppel
03-0006 State of NH v. Michael D. Rix*
Attorney General Appellate Defender
Patrick W. Fleming
Driving after certification as a habitual offender -- enhanced sentence; whether Criminal Code provision allowing enhanced sentence of up to thirty years in prison applies to this offense; whether fact of prior incarcerations must be pled and proved to a jury in order to impose enhanced sentence
03-0008 Motion Motors, Inc.

Kenneth Berwick & a.

Kenneth G. Berwick*

Motion Motors, Inc.& a.
Lester W. Firstenberger for Motion Motors, Inc.
Robert R. Lucic for Berwicks
Real property rights -- whether RSA 227-J:8 forecloses claim for enhanced damages brought by an owner of timber rights who does not own the land underlying the timber; whether court erred in ruling that defendants must remove sawmill upon plaintiff's demand; whether court correctly construed agreement regarding gravel rights; cross-appeal -- prohibiting plaintiff from reviewing notes of defendant's attorney who drafted documents; parol evidence rule; whether court erred in granting defendants' motion to quiet title as to a right-of-way and extending their mineral rights; dismissal of contract claims and damages for loss of sale due to refusal to remove sawmill; dismissal of count regarding removal of barricades
03-0009 Appeal of Richard E. Purington*
D. Lance Tillinghast for claimant
Corey M. Belobrow for F.L. Merrill Construction and Acadia Insurance
Workers' compensation -- denial of permanent impairment award because employee had no earnings when permanency was assessed
03-0011 Michael E. O'Brien* & a. v. National Grange Mutual Insurance Company
Michael P. Rainboth Doreen F. Connor
Uninsured motorist coverage -- res judicata; whether RSA 264:15 requires insurer to provide uninsured motorist coverage with same monetary limits as the liability coverage of $1,000,000 per person
03-0014 State of NH v. Lee R. Davis*
Attorney General Paul J. Garrity
Driving while intoxicated -- sufficiency of evidence
03-0016 Appeal of Lakeview NeuroRehabilitation Center, Inc.*
Heather M. Burns for Joseph McCusker
Lauren S. Irwin for Joseph McCusker
Edwinna C. Vanderzanden for Lakeview NeuroRehabilitation Center, Inc.
Unemployment benefits -- misapplication of law governing employee misconduct; whether employees in healthcare profession should be held to higher standard in assessing issue of employee misconduct; whether evidence supported finding that employee's repeated episodes of irrational behavior were the result of his medical condition and not due to misconduct
03-0019 State of NH v. Ley Choeupp*
Attorney General Appellate Defender
Stephen A. White
First degree assault -- denial of mistrial; sufficiency of evidence
03-0020 In re Sandra Harvey*
Attorney General
Richard N. Cornelius
Involuntary civil commitment -- sufficiency of evidence; denial of jury trial; whether repeal of physician-patient privilege for persons in petitioner's situation violates equal protection; non-availability of court-appointed psychiatrist's report; whether court erred in ordering commitment for longer period than recommended by psychiatrist
03-0035 State of NH v. Franklin D. Harvey*
Attorney General Appellate Defender
Branwen Gregory
Janice Peterson
Aggravated felonious sexual assault -- sufficiency of evidence of element of false imprisonment
03-0036 State of NH v. James Keiley*
Attorney General Lincoln T. Soldati
Criminal threatening, resisting arrest – admission of prejudicial references to defendant's membership in motorcycle club; erroneous jury instructions on elements of criminal threatening
03-0039 State of NH v. Daniel Barnes*
Attorney General Appellate Defender
Duncan MacCallum
Driving after certification as habitual offender – numerous issues including allowing State to impeach defendant with testimony he gave at hearing on motion to withdraw plea; failure of State to turn over all exculpatory evidence to defendant; failure to instruct jury that testimony of police is entitled to no special weight; allowing police to wear their uniforms while testifying in court; exclusion of evidence of attempts to summon a late-discovered witness
03-0041 State of NH v. Lawrence Green*
Attorney General Stephen T. Jeffco
Simple assault -- allowing State to ask police officer if defendant, after his release on bail, ever returned to police station to give a statement
03-0050 In the Matter of David G. Blanchflower and Sian E. Blanchflower
Jeanmarie N. Papelian for petitioner
Margaret R. Crabb for petitioner 
Lanea A. Witkus for Ms. Sian Blanchflower
Ms. Robin Mayer,* pro se
Divorce -- whether petitioner can specify adultery as fault ground for divorce when the respondent and co-respondent are of the same sex; appeal from denial of motion for interlocutory transfer
03-0103 Appeal of Roland E. Huston, Jr., D.V.M.*
Attorney General
Robert M. Shepard
for Dr. Huston
License suspension -- veterinarian; failure to disclose all exculpatory evidence; whether walls of division between hearing counsel's office and counsel for board were sufficient; whether sanctions were unjust or unreasonable