New Hampshire Supreme Court
Cases Accepted - April 1999
98-243 State of NH* v. Kamasinski, Theodore
Attorney General pro se
Unauthorized practice of law - original petition
seeking injunction to prevent defendant, who has been
found by superior court to be a citizen who is not of
good character, from unauthorized practice of law
98-378 State of NH v. Lieber,* Michael
Attorney General James E. Duggan
Howard A. Clayman
Criminal contempt - failure of defendant to appear at
probable cause hearing; whether all elements of offense
occurred in presence of court as required for finding
of direct summary criminal contempt
98-502 Donna R.,* Petition of
Janet F. DeVito
Attorney General
Judith A. Roman, GAL
Abuse and neglect proceeding - review hearing; absent
testimony from a mental health expert, was
dispositional modification order that Donna R. cannot
adequately parent her children supported by sufficient
evidence; failure to hold evidentiary hearing;
inadequate notice; whether DCYF plan for long term
foster care must include conditions parent must meet to
regain custody
98-541 Buzzell,* Richard, Appeal of
(compensation appeals board)
James H. Leary, for the claimant
Jeffrey H. Karlin, for Goulet Siding & Windows
Attorney General
Workers' compensation - whether board applied correct
legal standard and burden of proof in determining
whether claimant was employee or independent
contractor; whether board adequately addressed
conflicting contracts between the parties; reliance
upon documents signed by parties rather than totality
of circumstances
98-553 Rapore, Jonathan David v. Gehring,* Louis Bo
W.E. Whittington, IV K. William Clauson
Unpaid legal fees - default judgment; whether court
awarded attorney's fees not actually paid by plaintiff,
in violation of fee agreement; sufficiency of evidence;
whether court erred in computing interest
98-591 State of NH v. Cristaldi,* Mark
Attorney General James E. Duggan
Patrick W. Fleming
Taking automobile without owner's consent -
restitution; whether due process violated by ordering
defendant to pay restitution for damage to automobile
absent any evidence that defendant's use of automobile
had any connection to cause of damage
98-659 Littleton Stamp & Coin,* Appeal of
(compensation appeals board)
Donna M. Head
Jeffrey Karlin
Sylvia Wright, pro se
Attorney General
Workers' compensation - whether board erred in holding
Commercial Union responsible for workers' compensation
benefits for cumulative trauma injury where Liberty
Mutual was the carrier when disability began; date that
claimant's disabling condition occurred
98-660 State of NH v. Dumont,* Robert
Attorney General James E. Duggan
Christopher M. Keating
Probation violation - whether court erred in preventing
defendant from introducing evidence to contradict facts
underlying restraining order issued by district court;
whether court erred in finding defendant violated
probation by not paying restitution and not going to
counseling where defendant testified he was willing to
do both but did not have the money to do either
98-835 In re Paulette Amirault and Alan Lee Amirault*
Barbara E. Taylor
Patti Blanchette
Divorce - whether testimony of one party can be used as
basis for property division absent corroboration when
other party is unable to be present at hearing;
admission of and reliance by court upon allegations of
sexual abuse by respondent against petitioner's sisters
20 years ago in deciding fault for purpose of unequal
property division; whether delay in divorce proceedings
due to respondent's unrelated criminal proceedings
violates Part I, Article 14 of the New Hampshire
Constitution
98-836 In the matter of Edith L. DuBuc (Tomasko)* and Vincent
E. DuBuc
Ellen M. Joseph
Barbara J. Griffin
Post-divorce proceedings - denial of request to allow
plaintiff to relocate to Montana with children; right
to travel; due process; improper modification of
custody
99-002 State of NH* v. Bain, Robert Jr.
Attorney General James E. Duggan
Carl D. Olson
Simple assault, criminal threatening - whether court
erred by dismissing complaints absent violation of
rights to speedy trial or effective assistance of
counsel, where defendant was not prejudiced by alleged
bad faith of prosecutor, and where there is no
indication that court considered alternative sanctions
99-013 Jackson,* Thomas, Appeal of
(compensation appeals board)
Benette Pizzimenti
Thomas Kelliher
Attorney General
Workers' compensation - improperly placing burden of
showing continuing disability upon petitioner; whether
board erred in considering petitioner's condition as of
1998 when issue appealed was petitioner's condition in
1994; whether board erred in finding earning capacity;
failure of employer to attempt to return petitioner to
employment or offer vocational rehabilitation services;
denial of motion in limine
99-016 Iannelli,* Nicholas and v. Burger King Corporation
Jodiann, individually Robert Backus
and as p/n/f of Nicole,
Jeremy, and Renee Iannelli
Steven L. Maynard
Negligence - whether defendant owed duty of care to
plaintiffs; whether disputed facts existed precluding
grant of summary judgment
99-025 State of NH v. Negron-Carabello,* Jorge
Attorney General James E. Duggan
Richard E. Samdperil
Andrew D. Correia
Reckless conduct with a deadly weapon - sufficiency of
evidence that defendant placed another in danger of
serious bodily injury; whether RSA 651:2, II-g violates
State Constitution by impermissibly limiting the
sentencing judge's discretion
99-050 State of NH v. Holmes,* William
Attorney General James E. Duggan
John F. Lake
Accomplice to theft - sufficiency of evidence
99-068 State of NH v. Kulas,* Paul
Attorney General Timothy E. Bush
Aggravated felonious sexual assault - admission of
testimony from attorney as to whether she believed
victim; exclusion of evidence from victim's journal
regarding alleged sexual assault by third party;
admission of evidence regarding prior assault by
defendant on victim; sufficiency of evidence
99-070 Kijek,* L. Cletus, Appeal of
(department of labor)
Charles G. Douglas
Steven E. Hengen
Attorney General
Whistleblowers' Protection Act - where employee
terminated in violation of Act, did department of labor
err by denying request for reinstatement based on
after-acquired evidence defense; sufficiency of
evidence
99-088 State of NH v. Dumas,* Arturo
Attorney General James E. Duggan
Barbara R. Keshen
Donna J. Brown
Manslaughter - motion to suppress; whether defendant
had capacity to knowingly, voluntarily, and
intelligently waive his Miranda rights
99-102 State of NH v. Walton,* Robert
Attorney General Paul Twomey
Aggravated felonious sexual assault - sufficiency of
evidence; whether State argued facts not in evidence
during closing argument
99-109 State of NH v. Yarrington,* Eugene
Attorney General Andru H. Volinsky
Possession of marijuana with intent to sell - search
warrant; whether affiant made material misstatements in
support of warrant
99-194 State of NH* v. Galgay, Philip A.
Attorney General Eugene Struckhoff, III
Driving while intoxicated - whether investigatory stop
of defendant's car was supported by reasonable,
articulable suspicion