| 03-0518 | Heidi L. Krol | v. | Kathleen M. Heiberg* |
| Heidi Krol, pro se | S. W. Dahar II |
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| Family Division at Derry Domestic violence -- whether mother and adult daughter who do not reside at same residence are "household members"; sufficiency of evidence that respondent posed a credible threat to petitioner; whether court erred by awarding use of a house to petitioner in which she has no ownership interest |
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| 03-0519 | Rymes Heating Oils, Inc.* | v. | Commissioner, NH Department of Safety |
| Edward A. Haffer | Attorney General |
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| Merrimack County Superior Court Road tolls -- whether the term "special fuel" as used in RSA 260:38, VI, applies to home heating oil |
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| 03-0529 | State of NH | v. | Ronald Martin* |
| Attorney General |
Mark L. Sisti |
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| Belknap Superior Court Aggravated felonious sexual assault -- motion to vacate sentence; whether court erred by applying statute of limitations that was expanded by the legislature after commission of the crimes; due process |
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| 03-0538 | Appeal of Timothy Heinz* | ||
| Mark D. Wiseman for claimant James E. Owers for New Hampshire Hospital |
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| NH Compensation Appeals Board Workers' compensation -- whether board erred by adopting opinion of doctor who performed records review rather than opinion of treating physician and other physicians; whether insurer is estopped from denying payment for medical bills; denial by board of opportunity for claimant to present photographs and print-out of prescription medicines |
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| 03-0539 | Edward Jenks & a. | v. | Scott Nichols* & a. |
| R. Peter Decato | Barry C. Schuster |
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| Grafton Superior Court Boundary dispute -- whether court erred in granting summary judgment |
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| 03-0540 | In the Matter of Francis B. Rives* and Susan Rives | ||
| Patrick T. Hayes for petitioner Susan Rives, pro se |
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| Family Division at Lebanon Divorce -- whether court had jurisdiction to order division of Nevada corporation |
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| 03-0544 | State of NH | v. | Deborah Moore* |
| Attorney General | Appellate Defender James T. Brooks |
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| Grafton Superior Court Possession of controlled drug -- denial of motion to suppress; whether police had reasonable, articulable suspicion to justify expansion of scope of motor vehicle stop; whether police were justified in requesting defendant to exit truck; whether defendant was detained longer than necessary |
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| 03-0547 | Appeal of City of Portsmouth* | ||
| Thomas M. Closson for City of Portsmouth Mark Bennett for Department of Revenue Administration |
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| NH Board Of Tax and Land Appeals Equalized valuation of property -- whether board erred by upholding department of revenue administration's determination that $1.2 million received by city from Pease Development Authority should be treated as a payment in lieu of taxes |
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| 03-0548 | State of NH | v. | Carl A. Merk* |
| Attorney General | Richard N. Foley |
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| Rockingham Superior Court Reckless conduct -- denial of right to argue defense theory of competing harms; exclusion of statements made by victim to defendant concerning accident; sufficiency of evidence |
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| 03-0549 | In the Matter of Nancy Henry and Kevin Henry* | ||
| Janina N. Stodolski for petitioner Christopher W. Kelly for respondent |
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| Family Division at Derry Divorce -- failure to follow Hodgins formula in awarding pension; whether court erred by considering fault as reason for unequal distribution of property after issuing no-fault divorce decree; erroneous division of equity in home; failure to respond to requested rulings of law |
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| 03-0551 | In re Will and Estate of Anna Mae Frisbee | ||
| Michael J. Bolduc for George E. Frisbee* Carl Dunton, pro se Eugene Dunton, pro se Barbara Brock, pro se Judith Keck, pro se Pearl E. Smith, pro se |
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| Rockingham Probate Court Probate estate -- anti-lapse statute; whether court erred in holding that RSA 551:12 applies; whether express language in codicil of will is sufficient to avoid application of anti-lapse statute |
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| 03-0553 | State of NH | v. | Mark Mariano* |
| Attorney General | Appellate Defender Barbara Keshen |
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| Belknap Superior Court Criminal threatening -- whether court amended indictment and lessened State's burden of proof by court's response to jury question |
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| 03-0554 | Richard H. Pelletier* | v. | City of Manchester |
| David E. LeFevre | Daniel D. Muller, Jr. |
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| Northern District of Hillsborough County Municipal regulation -- whether motion for rehearing filed with zoning board of adjustment was untimely |
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| 03-0555 | State of NH | v. | Jason J. Porter* |
| Attorney General | Appellate Defender Alexander E. Roth |
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| Cheshire Superior Court Driving after certification as a habitual offender -- whether court erred by determining that information in police officer's confidential personnel files was not exculpatory; allowing State to reopen its case to introduce videotape into evidence |
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| 03-0558 | Bessie Cuming* & a. | v. | Governor, State of NH & a. |
| Amy B. Messer Ronald K. Lospennato |
Attorney General |
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| Northern District of Hillsborough County Services for developmentally disabled -- denial of voluntary nonsuit without prejudice; whether court erred in ordering nonsuit with prejudice |
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| 03-0563 | State of NH | v. | Benjamin Tyrance* |
| Attorney General | Kent M. Barker Marta E. Rodriguez |
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| Southern District of Hillsborough County Robbery, conspiracy to commit robbery -- sufficiency of evidence |
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| 03-0564 | Charles Tiberghein & a. | v. | B.R. Jones Roofing Company* |
| Paul R. Cox | Robert D. Ciandella Robert M. Derosier |
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| Strafford Superior Court Arbitration -- failure of trial court to correct arbitrator's decision; failure of arbitrator to apply legal rule in Russell v. Arthur Whitcomb, Inc., 100 N.H. 171 (1956); whether plaintiff had right to recover in both contract and negligence; failure to order remittitur |
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| 03-0576 | Town of Lyndeborough* | v. | Boisvert Properties, LLC & a. |
| William R. Drescher | Robert M. Shepard |
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| Northern District of Hillsborough County Municipal regulation - whether RSA chapter 215-A preempts local land use controls; whether RSA chapter 215-A permits municipality to require site plan approval; whether finding that RSA chapter 215-A provides for public input when trail system is to be located on public property but not when on private property violates equal protection and due process protections of state and federal constitutions and state constitutional provision barring unfunded mandates; whether trial court's finding that site plan compliance was an unreasonable burden was supported by the evidence |
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| 03-0577 | State of NH | v. | Dean H. Garland* |
| Attorney General | Appellate Defender Howard A. Clayman |
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| Belknap Superior Court Aggravated felonious sexual assault - sufficiency of the evidence; whether trial court erred in denying defendant's motions for discovery depositions; whether trial court erred in denying admission of evidence concerning victim's birth father's criminal record and in failing to require State to obtain and provide to defendant copies of police reports related to birth father's criminal activity; whether trial court erred by refusing to allow defense counsel access to DCYF records containing statements related to current offense |
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| 03-0580 | In the Matter of Harold Arabian* and Denise Arabian | ||
| Thomas K. MacMillan for petitioner Joseph L. Hamilton for respondent |
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| Family Division at Brentwood Divorce -- whether court had authority to order petitioner to contribute to the miscellaneous expenses of the child; requiring petitioner to contribute to after school day care and private educational expenses |
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| 03-0581 | State of NH | v. | Christopher J. McBrian* |
| Attorney General | Andrew K. Wilson |
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| Milford District Court Driving while intoxicated -- whether court erred by imposing deferred sentence as a consecutive sentence despite fact that original sentencing order did not indicate that any deferred sentence would be consecutive |
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| 03-0585 | Duryco, LLC d/b/a Paul Davis Restoration of Central New Hampshire | v. | Denis Cloutier* |
| Donald C. Crandlemire | Jean-Claude N. Sakellarios |
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| Northern District of Hillsborough County Non-competition agreement -- whether agreement was overly broad; whether court erred in determining amount of damages; whether court modified provisions of non-competition agreement; whether plaintiff failed to prove any legitimate proprietary interest or entitlement in the clients of defendant; sufficiency of evidence |
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| 03-0586 | State of NH | v. | Annaliese Goodwin* |
| Attorney General | Eric R. Wilson |
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| Jaffrey/Peterborough District Court Attempted driving while intoxicated -- whether defendant can be convicted of attempted driving while intoxicated when she was charged with aggravated driving while intoxicated per se; whether driving under the influence is a lesser-included offense of driving while intoxicated per se |
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| 03-0589 | Appeal of New Hampshire Fireworks, Inc.* | ||
| Douglas J. Miller Frank P. Spinella, Jr. Attorney General |
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| NH Department of Safety Bureau of Hearings Fireworks license -- suspension; numerous issues including inadequate notice of charges; sufficiency of evidence; whether RSA 160-B:6, VII applies only to sales to NH residents; unconstitutional burden on interstate commerce; entrapment; whether commissioner has power to suspend a license beyond its expiration date |
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| 03-0592 | A&B Lumber Company, Inc. | v. | Paul E. Vrusho,* Individually and d/b/a Johnson's Restaurant and Dairy Bar |
| Christopher H.M. Carter | Mark F. Sullivan |
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| Merrimack County Superior Court Collection action -- whether court erred by assessing costs against defendant's counsel |
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| 03-0593 | Kimberly Cochran | v. | Harold Bennett* |
| Thomas A. Fredenburg | Frederick E. Upshall, Jr. |
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| Concord District Court Landlord-tenant -- collateral estoppel |
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| 03-0594 | State of NH | v. | Bradley MacInnes* |
| Attorney General | R. Peter Decato |
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| Grafton Superior Court Criminal threatening -- failure to permit impeachment of witness with prior convictions; failure to direct verdict for defendant; whether court erred by instructing jury prior to closing arguments; failure to grant mistrial after jury declared it was deadlocked; failure to correct prosecutor's erroneous closing argument |
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| 03-0641 | New Hampshire Motor Transport Association | v. | State of NH & a. |
| Daniel P. Luker Michael Kaplan |
Attorney General | ||
| Merrimack County Superior Court Expenditure of state funds -- whether State Constitution prohibits expenditure of highway funds on some or all components of the Nashua Commuter Rail Project; whether funds collected pursuant to NH Constitution part II, article 6-a may be spent on public transit projects; interlocutory transfer without ruling |
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