| 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 |
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| 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 |
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| 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 |
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| 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 |
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| Reckless operation -- whether reckless operation is a lesser-included offense of driving while intoxicated | |||
| 03-0189 | In re Juvenile 2003-0189 |
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| Case is confidential under RSA chapter 169-D | |||
| 03-0191 | Joseph Miller | v. | Slania Enterprises, Inc.* |
| Joanne M. Stella | Lynn C. Christie |
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| 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 |
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| Case is confidential under RSA chapter 169-C | |||
| 03-0196 | Edward Silva* | v. | Warden, NH State Prison & a. |
| Michael J. Sheehan | Attorney General |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| Unjust enrichment -- sufficiency of evidence; attorney's fees | |||
| 03-0231 | In re Juvenile 2003-0231 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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.