| 02-0248 | In the Matter of Randi Okun* and Stephen Okun | |||
| Doreen F.
Connor for the petitioner Jean-Claude N. Sakellarios for the respondent |
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| 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 |
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| 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 |
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| Judgments, fraudulent transfer -- statute of limitations | ||||
| 02-0743 | State of NH | v. | Angel Roldan* | |
| Attorney General | Richard Monteith, Jr. |
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| 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 |
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| 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. |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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. |
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| 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 |
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| 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 |
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| 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 |
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| 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. |
v. v. |
Kenneth G. Berwick* Motion Motors, Inc.& a. |
|
| Lester W.
Firstenberger for Motion Motors, Inc. Robert R. Lucic for Berwicks |
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| 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 |
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| 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 |
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| 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 |
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| 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. |
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| 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 |
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| First degree assault -- denial of mistrial; sufficiency of evidence | ||||
| 03-0020 | In re Sandra Harvey* | |||
| Attorney
General Richard N. Cornelius |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 | ||||