New Hampshire Supreme Court
Cases Accepted - September 1999
* denotes appealing parties
98-471 In re Wesley B.*
James E. Duggan
Andrew D. Correia
Attorney General
Arson - juvenile petition; whether juvenile was
competent; exclusion of defendant's expert witness from
courtroom; whether juvenile was in police custody;
whether juvenile's statements to police were voluntary;
sufficiency of evidence
99-377 State of NH v. Monjes,* Rozinia
Attorney General James Duggan
Kent E. Smith
Driving after certification as habitual offender -
grant of motion to redact; failure to dismiss based on
improper identification of the defendant; sufficiency
of evidence
99-386 Harding, Laura, Adrienne v. Harding*, Eugene H.,
Harding, Elizabeth Rose Kenneth Harding
Kristen Lewis Eugene Harding, pro se
Divorce - real estate partition; whether court erred in
signing final decree where appeal was in progress and
parties had no notice; conversion from tenancy with
right of survivorship to tenancy in common; ordering
sale of property without first ordering estate to clear
IRS liens; ordering sale of extra lot where estate did
not have sufficient equity to pay for its share of the
liens
99-388 State of NH v. Doucette,* Christopher
Attorney General James E. Duggan
Joachim H. Barth
Randy Hawkes
Second degree murder, conspiracy to commit murder -
whether court's jury instructions impermissibly amended
indictment; failure to instruct jury that it must be
unanimous with respect to basis for accomplice
liability; failure to instruct jury that it must
unanimously find that defendant committed specific acts
alleged in indictment
99-389 State of NH v. Cannon,* Michael
Attorney General James E. Duggan
Dennis P. O'Connor
Keith Barnaby
Aggravated felonious sexual assault - numerous issues
including exclusion of victim's prior sexual history;
exclusion of testimony of witness who was disclosed
late; denial of motion to recall witness; exclusion of
reputation and opinion evidence that victim was not a
truthful person; admission of hearsay; limiting
evidence on consent defense to facts described in
discovery; admission of irrelevant and prejudicial
statement by defendant to police after arrest; jury
instruction that if jury accepted victim's testimony,
jury could reach a verdict based on that evidence alone
99-390 State of NH v. Cannon,* Michael
Attorney General James E. Duggan
Dennis P. O'Connor
Keith Barnaby
Aggravated felonious sexual assault, felonious sexual
assault - numerous issues including denial of
deposition of victim's mother; denial of expert
services; failure to order discovery regarding victim's
medical history; failure to grant mistrial; double
jeopardy; adoptive admission; denial of request to
impeach victim with inconsistent statements; whether
court's jury instruction on corroboration of
complainant's testimony was erroneous; failure to
adequately instruct jury as to mens rea of "knowingly";
improper response to jury question
99-404 State of NH v. Park,* Darryl
Attorney General James E. Duggan
Charles F. O'Leary
Aggravated felonious sexual assault, felonious sexual
assault - limiting cross-examination of victim's
mother; whether State failed to establish that six-
year-old victim possessed "breasts"; failure to set
aside verdict based on affidavit from juror as to
reason for his vote
99-414 Burgon Tool Steel v. Industrial Machine
Company Inc.* Tool, Inc.
John J. Ryan Suzanne Woodland
Breach of contract - motion to stay pending
arbitration; whether purchase order was an offer and
the contract in this case; whether contract was formed
under Uniform Commercial Code as a result of purchase
order and subsequent payment of purchase price and
shipment of machine
99-416 H.J.H., Inc.,* Pierre v. Cleary, Charles F., and
Bug Inc., Marielise Wagner Wadleigh, Starr,
William E. Aivalikles Peters, Dunn and
Chiesa
Kevin M. Leach
Negligence, breach of fiduciary duty,
misrepresentation, assumpsit - whether court erred in
dismissing suit and amendments to suit as violative of
statute of limitations
99-419 State of NH,* Appeal of
(public employee labor relations board)
Attorney General
Michael C. Reynolds
Unfair labor practice - whether State entitled to treat
arbitrator's decision as advisory only under collective
bargaining agreement (CBA); whether PELRB misconstrued
CBA provision dealing with layoffs; sufficiency of
evidence
99-421 East Coast Conference v. Town of Swanzey
of the Evangelical Gary J. Kinyon
Covenant Church of
America, Inc.*
Richard B. Couser
Property tax exemptions - whether plaintiff lacked
sufficient definite purpose and sufficient public
character to be a charity; whether lodging and
recreational facilities of religious camp are exempt
under religious exemption; attorney's fees