Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted March 2003


02-0076 In the Matter of Joanne Pfeuffer* and Glenn Pfeuffer
Doreen F. Connor for petitioner
Mr. Glenn Pfeuffer, pro se
Post-divorce proceedings -- whether relocation of mother to South Carolina would be harmful to child; improper application of best interest test; whether mother has constitutionally protected right to choose residence for herself and minor child
03-0028 Leif Nilsson* v. Eric Robert Knight & a.
Jeffrey B. Osburn
David S.V. Shirley
Fred J. Desmarais
Scott A. Ewing
Heather G. Silverstein
Negligence -- automobile accident; whether court erred in instructing jury to consider fault of driver who was not a defendant represented at trial where there was no claim for comparative fault against the plaintiff; allowing jury to consider said driver's share of liability at less than 100% as required for the defense of superseding or intervening cause; failure to amend verdict
03-0032 State of NH v. Earle K. Fox, III*
Attorney General Appellate Defender
Patrick Donovan
Felon in possession of firearm -- failure to suppress evidence obtained pursuant to invalid warrant; denial of second evaluation of defendant's competency; denial of discovery; granting of motion to quash subpoena of defendant's aunt; sufficiency of evidence
03-0034 In re Juvenile 2003-0034
Case is confidential under RSA 169-C and 170-C
03-0047 City of Rochester Police Commission* v. International Brotherhood of Police Officers, Local 580
Daniel P. Schwarz Peter C. Phillips
Arbitration -- whether court erred in determining which collective bargaining agreement applies; whether court erred by deferring to the PELRB
03-0049 In the Matter of Allen Carder and Robbyn Carder*
Jan Lint for petitioner
Jane M. Schirch for respondent
Child support -- dismissal of petition for lack of personal jurisdiction; whether 1996 Connecticut support order modified 1985 NH order; whether Connecticut has exclusive jurisdiction; whether court erred in its application of RSA chapter 546
03-0065 New Hampshire Department of Health and Human Services v. Terry L. Bonser* & a.
Attorney General Mr. Terry L. Bonser, pro se
Ms. Mary L. Bonser, pro se
Injunction -- unlicensed food services; whether nudists participating in private activities are "members of the public"; whether RSA 645:1 applies to nudists participating in private nudist activities; whether seasonal food services at nudist park are exempt from licensing and regulation by department of health and human services
03-0069 State of NH v. Amanda Bortner*
Attorney General
Patricia O. Wiberg
Endangering welfare of a child -- erroneous jury instructions on mens rea; whether RSA 639:3 is unconstitutionally vague or overbroad; violation of immunity agreement; violation of sequestration order; failure to exclude autopsy photographs and graphic testimony regarding physical cause of death
03-0070 State of NH v. Paul B. Gatchell*
Attorney General Andrew .F Cotrupi
Negligent driving -- whether defendant was convicted of offense with which he had not been charged; whether court had authority to suspend defendant's license; whether RSA 263:57 violates State Constitution
03-0077 Rachel Godbout, Executrix of the Estate of Roger Godbout v. Lloyd's Insurance Syndicates* Mesrs. Mendes and Mount
Gregory R. Couture Debra M. Walsh
Personal accident insurance coverage -- whether insurance policy is ambiguous; whether receipt of actual insurance policy was necessary for insured to be put on notice of exclusions within policy
03-0078 State of NH v. Denis Velez*
Attorney General
Appellate Defender
James D. Quay
Justin Shepherd
Robbery -- failure to suppress defendant's taped statement to police; whether witness was "unavailable" under NH Rule of Evidence 804
03-0082 State of NH v. Troy W. Zwicker*
Attorney General Richard N. Foley
Possession of crack cocaine, possession of marijuana with intent to sell -- numerous issues including denial of motions to suppress evidence seized pursuant to search warrant and statements made by defendant while in custody; denial of request to have State chemist present at trial; sufficiency of evidence; speedy trial; double jeopardy; incorrect answer to jury question
03-0085 JTR Colebrook, Inc.* d/b/a The Colebrook House v. Town of Colebrook
James Q. Shirley Timothy Bates
Municipal regulation -- whether RSA 155:64 et seq. preempts town ordinance that bans smoking in restaurants