Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted May 2003


02-0794 Michael Marchese d/b/a B&M Knife Sharpening Service v. General Services, Inc. & a.*
Jorel V. Booker Joshua L. Gordon
Edmund J. Waters, Jr.
Albert H. Russell
Defamation, unfair business practices -- whether damages were excessive and unproven; admission of document not prepared until end of trial; whether issue of "rascality" under Consumer Protection Act was question for jury; whether Consumer Protection Act regulates out-of-state conduct; whether injunction issued was too broad, vague, unnecessary or unenforceable
02-0808 Michael Marchese* d/b/a B&M Knife Sharpening Service v. General Services, Inc. & a.
Jorel V. Booker Joshua L. Gordon
Edmund J. Waters, Jr.
Albert H. Russell
Consumer Protection Act -- slander; whether the term "actual damages" in RSA 358-A:10, I, pertains solely to economic damages or whether it includes both economic and presumed damages
03-0171 Linda J. Steir, m/n/f Marika Steir v. Girl Scouts of the U.S.A. & a.
James E. Higgins
Amy Messer
Jennifer Parent for Girl Scouts of America
John F. Bisson for Spar & Spindle Council
Law against discrimination -- whether RSA 508:8 tolls 180-day statute of limitation on claim brought on behalf of a minor pursuant to NH Law Against Discrimination; whether Girl Scouts or local Girl Scout troop constitute a "place of public accommodation"; certified questions from U.S. District Court
03-0173 Duke/Fluor Daniel* v. Hawkeye Funding, LLP & a.
Michael S. Owen
Arnold N. Rosenblatt
Michael D. Ramsdell
Attachment -- numerous issues including whether court misconstrued contract; whether court applied correct standard in determining that contract evidenced waiver of rights under RSA chapter 447; misallocation of burden of proof; whether facility subject to lien would have sufficient value at end of litigation to guarantee payment of any judgment; interlocutory appeal
03-0178 State of NH v. Alfred Hogan*
Attorney General Thomas N. Morgan
Reckless operation -- whether reckless operation is a lesser-included offense of driving while intoxicated
03-0189 In re Juvenile 2003-0189
Case is confidential under RSA chapter 169-D
03-0191 Joseph Miller v. Slania Enterprises, Inc.*
Joanne M. Stella Lynn C. Christie
Landlord-tenant -- award of damages on theory not pled by plaintiff; whether RSA 540:13, VII created a new tenancy after writ of possession had been issued; whether payment by check is made upon transfer of check; whether original lease terms continued under newly created tenancy at will; when 30-day period under security deposit regulation began to run; sufficiency of evidence of willfulness; whether 30-day limit in RSA 540-A:7 acts as a statute of limitations
03-0193 Katelyn E. McGonigle* b/p/n/f Diane McGonigle v. Jessica Jabour & a.
Angelo R. Fisichella
Mary M. Howie
John P. Sherman
Assault at school -- negligence, trespass, assault, battery; whether doctrine of governmental immunity has strayed from original intent of court in Merrill v. City of Manchester, 114 N.H. 722 (1974); whether special education team formulated the discretionary policy that resulted in injury to plaintiff; whether court erred by dismissing case based on a motion filed in violation of a prior court order
03-0195 In re Juvenile 2003-0195
Case is confidential under RSA chapter 169-C
03-0196 Edward Silva* v. Warden, NH State Prison & a.
Michael J. Sheehan Attorney General
Civil rights action -- prisoner suit; whether court erred by dismissing claims with prejudice for failure to exhaust administrative remedies; dismissal of claims because harm suffered was only embarrassment and humiliation and was not supported by expert testimony
03-0198 State of NH v. Eric Smalley*
Attorney General Appellate Defender
Julia M. Nye
Lee E. Topham

Second degree murder -- admission of evidence of prior bad acts; allowing late-disclosed witness to testify; denial of bill of particulars; sufficiency of evidence
03-0205 In the Matter of Donna L. Small and Daniel D. Small*
Donna L. Small, pro se
Daniel D. Small, pro se
Domestic violence -- whether use of words "Mrs. Lucky" or "Osama" constitute abuse or criminal threatening; whether domestic violence order may be based on fact of previous order; whether defendant is credible threat to plaintiff while incarcerated
03-0209 State of NH v. James Wellington*
Attorney General Appellate Defender
Donna Brown
Fabian Braithwaite
Aggravated felonious sexual assault -- numerous issues including denial of motion for expert services; exclusion of evidence related to victim's past acts; exclusion of evidence of victim's use of medications; denial of motion to continue trial to conduct additional investigation and issue a subpoena; right to speedy dispositional hearing; sufficiency of evidence
03-0213 State Farm Mutual Automobile Insurance Company v. Holyoke Mutual Insurance Company* & a.
Gordon A. Rehnborg, Jr. Robert G. Whaland for Holyoke Mutual Insurance Company
Kevin G. James for Mark Sabino
Automobile insurance -- failure of court to decide choice of law issue; failure to enforce anti-stacking language in insurance policy; failure to apply policy language providing that uninsured motorist coverage was not available
03-0214 State of NH v. Scott Batchelder*
Attorney General Appellate Defender
Paul A. Halvorsen
Felonious sexual assault -- exclusion of cross-examination of police officer on issue of whether defendant's statement was voluntary
03-0229 Jose Mora d/b/a Brothers Agency v. Abatement International/Advatex Associates, Inc.* & a.
Michael T. Ryan Brian T. Tucker
Unjust enrichment -- sufficiency of evidence; attorney's fees
03-0231 In re Juvenile 2003-0231
Case is confidential under RSA chapters 169-C and 170-C
03-0232 State of NH v. James Johnston, Jr.*
Attorney General Matthew J. Lahey
Possession of child pornography -- motion to suppress; whether consent was result of unconstitutional entry; whether police were required to advise defendant of his right to refuse consent; whether consent was free, knowing and voluntary; whether consent was obtained as result of custodial interrogation not preceded by Miranda warnings
03-0234 State of NH v. Joshua McKinnon-Andrews*
Attorney General Appellate Defender
Christine Haydinger
Possession of controlled drug -- motion to suppress; whether officer had reasonable suspicion to suspect criminal activity; whether unlawful detention tainted consent to search car; whether search of closed cigar box inside closed duffel bag exceeded scope of consent to search car; reliance by court upon fact not in evidence
03-0288 State of NH* v. Shawn Cochrane
Attorney General Sven D. Wiberg
Bail jumping -- attorney-client privilege; whether attorney's communication of the date of a court hearing to client is a confidential communication and precluded State from asking attorney whether he told defendant the date of his plea hearing
03-0294 Petition of Kevin Petrin*
Richard C. Guerriero, Jr. for Kevin Petrin
Dorothy Graham
Attorney General
Writ of prohibition -- whether court erred by ordering restrictions on petitioner's liberty after finding petitioner to be incompetent to stand trial and not restorable to competency and after criminal charges were dismissed


* Docket no. 2002-0794 and docket no. 2002-0808 are consolidated. Refer to docket no. 2002-0794.