| 00-425 | In re Shelby R. Paula J. Werme, for Mark H.* Christian Lund Attorney General Gert Jacques, GAL |
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| Child abuse and neglect - whether RSA 169-C:10 violates due process by not providing for appointment of an attorney for a stepparent; denial of motion for services other than counsel | |||
| 01-012 | Spruce Lincoln Realty Trust | v. | Hakins,* Eleanor |
| Andrew H. Sullivan | pro se |
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| Landlord-tenant - eviction; whether notice to quit was fourth eviction notice within meaning of RSA 540:9 within calendar year | |||
| 01-248 | State of NH | v. | Covington,* James |
| Attorney General | pro se |
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| Second degree murder - motion to withdraw guilty plea; whether court erred by sentencing defendant to longer sentence than he agreed to in plea negotiations without allowing defendant to withdraw plea; sufficiency of evidence of finding that defendant agreed to thirty-year minimum sentence | |||
| 01-277 | Amherst Park Company | v. | de la Rosa,* Cecilia |
| Robert McKenney | pro se |
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| Landlord-tenant – eviction; whether tenant violated occupancy agreement by supplying inaccurate information to the landlord | |||
| 01-354 | State of NH | v. | Patten,* Brian |
| Attorney General | Appellate Defender Caroline Smith Ted Lothstein |
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| First degree murder – insufficient evidence of premeditation; whether jury should have been instructed, with respect to premeditation, that defendant must have weighed pros and cons and thought about moral consequences of killing | |||
| 01-356 | State of NH | v. | McGinn,* James, III |
| Attorney General | Appellate Defender Arthur J. Broadhurst Salim R. Tabit |
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| Felonious sexual assault – sufficiency of evidence; denial of discovery of victim's psychiatric records; denial of motion to require victim to submit to independent blood test | |||
| 01-358 | State of NH | v. | Beausoleil,* Patrick A. |
| Attorney General | Appellate Defender John E. Durkin |
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| Aggravated felonious sexual assault, felonious sexual assault – failure to disqualify teenage rape victim and former police chief who conducted child sexual assault investigations as jurors; admission of evidence of defendant's alleged suicide attempt; admission of victim's statements to pediatrician; failure to dismiss indictments alleging events occurred in living room where no evidence supported finding that any events occurred there; admission of written statement of victim's mother; limitation upon defendant's argument to jury | |||
| 01-360 | State of NH | v. | Taylor,* Wesley A., Jr. |
| Attorney General | Appellate Defender Katherine Cooper |
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| Aggravated felonious sexual assault – whether court erred in assuming jury was deadlocked; whether court erred by giving jury instruction taken from State v. Silva rather than from State v. Jordan | |||
| 01-362 | State of NH | v. | D’Amelio,* Peter |
| Attorney General | Appellate Defender Robert R. Bennett |
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| Attempted first degree assault – denial of motion in limine to exclude knife; sufficiency of evidence | |||
| 01-364 | State of NH | v. | Szczerbiak,* Mark |
| Attorney General | Appellate Defender Jean-Claude Sakellarios |
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| Possession of controlled drugs – whether defendant had standing to challenge police entry onto another's property; whether exigent circumstances justified warrantless entry and search; whether defendant gave valid consent to search; whether police need articulable suspicion to request consent to search; whether search of knapsack was within scope of consent given | |||
| 01-365 | In the Matter of Dawn Fusi and Charles Fusi* | ||
| Anthony F. DiPadova, Jr. Robert I. Morgan |
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| Contempt – whether issuance of support order by superior court terminates a district court's ex parte support order; whether superior court support order survives dismissal of divorce petition for lack of jurisdiction; whether district court support order was revived; whether court order striking conviction for criminal contempt but finding civil contempt cured district court's failure to give full and fair hearing on issue of support | |||
| 01-369 | In re Estate of Frank Emery, Jr. | ||
| Nicholas R. Aeschliman for Anne B. Hussey* Michael D. Hatem for Frank M. Emery, III and Carol A. Eaton Kenneth F. Money, Jr. Michael E. Chubrich |
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| Estates - petition for ancillary administration; denial of ancillary administration in New Hampshire where petitioner has negligence claim against decedent for acts that occurred in NH, decedent had personal property in NH, and decedent had insurance policy issued by company doing business in NH | |||
| 01-370 | Hooksett Conservation Commission | v. | Hooksett Zoning Board of Adjustment* |
| Scott E. Hogan | William R. Drescher | ||
| Patrick J. McNicholas for intervenor Sered
Memorial, LLC |
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| Municipal regulation – whether conservation commission has standing to appeal decision of zoning board of adjustment; whether conservation commission can appeal to superior court without approval of town's governing body | |||
| 01-373 | State of NH | v. | Merritt,* John |
| Attorney General | Appellate Defender Sven D. Wiberg |
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| Driving while intoxicated, subsequent offense –reference
by State in closing argument to facts not in evidence |
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| 01-378 | State of NH | v. | Nowlin,* Richard |
| Attorney General | Appellate Defender Mark Larsen |
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| Aggravated felonious sexual assault – failure to dismiss when defendant was not charged until 18 months after assaults; allowing victim to testify about her medical condition; denial of motion to allow defendant to question victim about her clothing; failure to prohibit victim from testifying about her fear of defendant; prohibiting defendant from introducing evidence of prior consensual sexual activity between victim and defendant | |||
| 01-379 | State of NH | v. | Grey,* Jeffery A. |
| Attorney General | Appellate Defender Mark Larsen |
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| Possession of controlled drugs – warrantless entry; whether defendant's grandparents implicitly consented to police entering home when they asked police to do home check while they were out of country; whether defendant was in custody when police entered his grandparents' home and demanded that he produce identification | |||
| 01-383 | Citizens of the East Derry Fire Precinct, June M. Fahey, Frederick T. Love, Frank Knutkowski, East Derry Fire Precinct | v. | Town of Derry* |
| Sumner F. Kalman | Edmund J. Boutin Brenda E. Keith |
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| Municipal boundaries – whether court erred by substituting its judgment for that of town council; denial of rehearing to correct obvious mathematical and factual errors in order; reliance upon 1995 superior court decision, not part of certified record, to find town council acted in bad faith; attorney's fees; failure to find that plaintiff filed motion for summary judgment in bad faith | |||
| 01-384 | State of NH | v. | Butler,* Gary F. |
| Attorney General | Mark L. Sisti |
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| Driving after certification as a habitual offender – whether police had reasonable articulable suspicion to stop defendant's motor vehicle | |||
| 01-385 | In the Matter of Barbara Buell and Robert Buell* | ||
| Elizabeth Donovan Didier A. Matel Susan M. Donovan GAL |
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| Divorce – erroneous calculation of and distribution of equity in marital home; whether court erred by awarding property in lieu of future child support | |||
| 01-390 | Hall, Daniel E., Lewis J. Fortin, Sunset Properties and Management | v. | Highland Auto, Inc.* |
| Paul L. Apple | Joseph Williams |
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| Landlord-tenant – eviction; whether court misconstrued lease provision regarding option to renew; exclusion of evidence of ambiguity of lease | |||
| 01-391 | In re Gary C.* | ||
| Lisa A. Dennehy for Mr. C. Attorney General |
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| Involuntary civil commitment – allowing petitioner to amend petition to substitute witness who testified to different facts than those alleged in petition; sufficiency of evidence; whether witness committed perjury | |||
| 01-395 | Vandoros,* Peter, Appeal of | ||
| Matthew B. Cox James Owers Attorney General |
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| Workers' compensation – whether board erred in determining that claimant failed to prove medical causation | |||
| 01-396 | State of NH | v. | Hall,* Luis A. a/k/a Luis J. Wilner a/k/a Joseph Wilner |
| Attorney General | Mark L. Sisti |
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| Felonious sexual assault, sale of alcohol to minors – failure of trial court to consider defendant's first statement in deciding whether later statement should be suppressed; whether statement was involuntary; denial of mistrial after officer testified twice in reference to the suppression hearing; admission of evidence that defendant asked victim and another female to kiss | |||
| 1-399 | State of NH | v. | Holt, Monica* |
| Attorney General | Francis G. Holland |
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| Arson, insurance fraud – numerous issues including denial of motion for directed verdict; denial of motion to set aside verdict; denial of motion to strike testimony of fire marshal; sufficiency of the evidence | |||
| 01-400 | Wingate,* Thomas, Appeal of | ||
| Christopher A. Bandazian for claimant Scott Ewing for Hanson & Fox Co. Attorney General |
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| Workers' compensation – numerous issues including whether prior unappealed decision of hearings officer was binding on issue of causation; res judicata; failure to place burden on employer to prove change in condition; sufficiency of evidence; inconsistent rulings by board | |||
| 01-404 | Pryor,* Kimberly, Appeal of | ||
| Christopher A. Bandazian for Ms. Pryor Charles T. Giacopelli for Community Newsdealers, Inc. Attorney General |
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| Workers' compensation – numerous issues including whether claimant who performed newspaper delivery services was an employee or an independent contractor | |||
| 01-421 | Labrecque,* Coreen A., Petition of | ||
| Richard Guerriero Dawnangela Minton Attorney General |
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| Criminal threatening – competency hearing; whether trial court violated RSA 135:17 and :17-a, due process, and right to speedy trial by delaying petitioner's competency hearing from June 13 to September 13 | |||
| 01-429 | State of NH | v. | Roy,* Steven |
| Attorney General | James Moir Barbara Keshen Philip Desfosses |
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| First degree murder – motion for new trial; ineffective assistance of counsel; whether Bruton-type errors were made at trial; whether error could, as a matter of law, be harmless | |||
| 01-430 | State of NH | v. | Bemis,* Matthew |
| Attorney General | Dawn E. Caradonna |
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| Dog licensing and control violations – sentencing; whether court had authority to order destruction of dogs; due process | |||
| 01-461 | In re Caleb L. In re Jonathan T. In re Troy L. |
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| Michael P. Bentley for father* Gerald D. Neiman for mother* Glenn R. Smith, GAL Attorney General |
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| Termination of parental rights - co-appeals of mother and father; admission of reports without requiring person generating report to be available to testify; admission of hearsay; whether services offered by State were inappropriate given parents' cognitive and financial limitations; admission of expert testimony absent compliance with Superior Court Rule 63(G); whether court erred by terminating parental rights | |||