Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted July 2003


03-0033 State of NH v. William J. Pandolfi*
Attorney General
Appellate Defender
Sven D. Wiberg
Aggravated felonious sexual assault, sexual assault -- whether trial court complied with orders of supreme court on remand; failure by State to timely provide full discovery
03-0286 Terry Bennett* v. ITT Hartford Group, Inc. & a.
Charles G. Douglas, III
Benjamin T. King
Michael F .Aylward
Jennifer A. Eber
Insurance investigation -- breach of duty of good faith and fair dealing; whether court erred in holding that insurer's performance of its contractual obligations entitled it to summary judgment regardless of its deceptive conduct with respect to duties owed independent of contract; denial of motion to amend writ; denial of voluntary non-suit without prejudice; cross-appeal -- whether plaintiff injected the legal advice of counsel and other privileged communications into his coverage cases
03-0292 State of NH v. Paul Tasker*
Attorney General
Paul J. Twomey
Possession of methadone, possession of marijuana -- whether police had probable cause to arrest defendant; whether identification procedures used by police violated due process
03-0293 State of NH v. Anthony R. Mastrorocco*
Attorney General
Gabriel N. Nizetic
Driving while intoxicated -- whether police had sufficient articulable suspicion to stop defendant; double jeopardy
03-0312 The Lyme Timber Company and Lyme NC LLC v. DSF Investors LLC and Arthur P. Solomon*
Joseph F. Daschbach
William A. Zucker
Russell F. Hilliard
Lauren S. Irwin
Howard M. Cooper
, pro hac vice
Fraudulent misrepresentation -- personal jurisdiction; whether court erred in exercising specific jurisdiction over defendants; whether plaintiffs made a prima facie showing of jurisdictional facts; whether NH or Massachusetts law applies; whether court erred by crediting assertion that defendants orally waived limiting language of term sheet given express provision in term sheet allowing amendment in writing only
03-0335 State of NH v. Ken L. Wrisley*
Attorney General
Stephen T. Jeffco
Driving while intoxicated -- allowing State to prove "way" by offer of proof over defendant's objection; whether offer of proof was sufficient to prove that defendant drove on a way
03-0336 In the Matter of Steve Izzo* and Sheryl Holladay
Peter G. Webb for petitioner
Gary M. Burt for respondent
Post-divorce proceeding -- numerous issues including whether financial obligations in divorce decree to former in-laws are void; res judicata; standing; estoppel; whether obligations are modifiable as support payments
03-0338 Blagbrough Family Realty Trust* v. Town of Wilton
William B. Pribis
David W. Rayment
Silas N. Little, III
Gregory E. Michael
for intervenor, A&T Forest Products, Inc.
Municipal regulation -- whether court erred by approving ZBA's decision on basis of administrative gloss, town's change in the zoning ordinance, or plain language of the ordinance; whether "time of decision" rule barred appeal; whether changes to zoning ordinance were made in good faith
03-0339 State of NH v. Gerald Cundiff*
Attorney General
Appellate Defender
Harry N. Starbranch
Driving after certification as habitual offender, driving while intoxicated, disobeying police officer -- not allowing cross-examination relative to witness's opinion of State's eyewitness identification procedure; lack of foundation for admission of blood test; failure to give jury instruction on identification
03-0340 Kevin Price & a. v. Dutton & Garfield, Inc.*
Kevin Price, pro se R. James Steiner
Breach of contract -- whether subcontractor had duty to measure foundation; failure of trial court to credit defendant with additional costs it incurred
03-0342 State of NH v. Benjamin Tyrance*
Attorney General
Appellate Defender
Jessica C. Brown
Armed robbery, kidnapping, burglary -- sufficiency of evidence; whether court should have excluded cell phone records as hearsay; whether court erred by giving accomplice liability jury instruction
03-0343 In the Matter of Margaret A. Daisy and Richard E. Daisy*
K. William Clauson
John A. Bell
Divorce -- award of child support reduced by over 70% from support guidelines amount; failure to order that liquidation costs be deducted from net value of properties to be divided between the parties; cross-appeal -- whether court erred in awarding custody; denial of motion to recuse; improper modification of custody order without notice to party; errors in valuing property and in ordering party to pay property taxes
03-0347 State of NH* v. Ricardo Navarro
Stephen Fuller Patrick E. Donovan
Aggravated felonious sexual assault, felonious sexual assault -- severance of charges; whether decision in State v. Ramos, 149 N.H. 118 (2003), applies retroactively to trials held prior to date of decision where defendant did not ask for severance at or prior to trial; whether charges were "unrelated" for purposes of severance standards in Ramos
03-0354 State of NH v. Richard (Ricky) Ellsworth*
Attorney General
Stephen T. Jeffco
Aggravated felonious sexual assault, felonious sexual assault -- limiting cross-examination of police officer regarding conversation he had with defendant; denial of mistrial
03-0356 State of NH v. Kevin Landry*
Attorney General Harry N. Starbranch, Jr.
Theft -- motion for new trial; whether court erred by dismissing motion based on ineffective assistance of counsel, filed seven months after issuance of decision affirming conviction, as being untimely
03-0358 Tina Flagg & a. v. Cynthia Stalker*
Stephen A. White Jonathan M. Flagg
Landlord-tenant -- attorney's fees; failure to award fees to defendant where plaintiffs sued wrong party and should have known they could not recover under statute they relied upon
03-0360 State of NH v. Earle Fox, III*
Attorney General
Earl Fox, III, pro se
Felon in possession -- return of property; whether court erred by denying motion for return of property not used by State; whether State is barred from forfeiting property
03-0362 State of NH v. Steven Kidder*
Attorney General
Appellate Defender
Diane M. Nicolosi
Gregory W. Swope
Violating protective order -- whether defendant violated protective order that prohibits third party contact with the victim by telephone when defendant's attorney contacted the unrepresented victim on behalf of the defendant; interlocutory transfer
03-0363 State of NH v. Harvey Pratt*
Attorney General
Richard B. McNamara
Interference with custody -- sentence modification; denial of motion to remove condition of parole that defendant not use computers
03-0368 J.S.K. Property Management, Inc. v. Robin Peabody* & a.
Steve J. Bonnette Martha M. Jacques
Landlord-tenant -- eviction; whether court erred by distinguishing repairs from rehabilitation; whether RSA 540:13-d, I, applies to protect tenant when landlord has not made repairs over long period of time to point that they now require rehabilitation of building
03-0369 Appeal of Atlas News Company*
D. Lance Tillinghast
Patrick W. Fleming
Workers' compensation -- reliance upon claimant's lack of "work capacity" instead of her "earning capacity"; whether petitioner proved change in claimant's work capacity under RSA 281-A:48
03-0370 Petition of Goffstown Education Support Staff*
James F. Allmendinger
William D. Pandolph
Municipal employment -- retirement system; failure to allow education support staff to seek service credit in retirement system for periods prior to July 1, 2001
03-0406 State of NH v. Peter Leonard*
Attorney General
Appellate Defender
Aggravated felonious sexual assault, incest -- whether court must dismiss indictments after defendant has been found incompetent unless court orders treatment by psychiatrist; whether court may order re-evaluation by psychiatrist who previously found defendant incompetent and who has had no post-evaluation contact with defendant; interlocutory appeal

* Docket no. 2003-0363 is consolidated with docket no. 2002-0569.