| 00-765 | Appeal of Carolyn L. Beard* | ||
| Shawn E. Nichols Nelson A. Raust Attorney General |
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| Workers' compensation - whether board erred by deciding causation issue not properly before it for decision | |||
| 02-0093 | State of NH | v. | Andrew Tucker* |
| Attorney General | Michael J. Iacopino James S. Godron |
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| Conspiracy to sell heroin -- sufficiency of evidence | |||
| 02-0169 | State of NH | v. | Raymond Porelle* |
| Attorney General | Appellate Defender Sven D. Wiberg |
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| Stalking -- whether stalking statute is unconstitutionally vague and overbroad | |||
| 02-0256 | Appeal of Sunbridge Care & Rehabilitation* | ||
| Christopher W. Keenan Kevin W. Stuart Attorney General |
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| Workers' compensation -- whether surgery and underlying osteoarthritis are causally related to work-related injury of 1989 | |||
| 02-0274 | State of NH | v. | Robert Voight* |
| Attorney General | Appellate Defender George H. Ostler |
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| Restitution -- whether court erred in ordering defendant to repay costs of his defense; whether State forfeited right to collect these costs because they were not part of a prior restitution order that was vacated and remanded by supreme court | |||
| 02-0275 | State of NH | v. | James C. Peck* |
| Attorney General | Diane M. Nicolosi Gregory W. Swope Mark L. Sisti |
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| Felonious sexual assault -- sufficiency of evidence | |||
| 02-0282 | Conservation Law Foundation | v. | New Hampshire Wetlands Council* |
| Thomas N. Irwin | Attorney General |
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| Wetlands dredge and fill permit -- erroneous admission of supplemental evidence; whether inclusion of 44 conditions in the permit was sufficient to address alleged deficiencies in the permit; whether court improperly substituted its judgment for that of department of environmental services and wetlands council; whether administrative rules outweigh specifically delegated statutory authority of commissioner of department of transportation | |||
| 02-0293 | William J. Devanna* & a. | v. | Town of Kingston |
| Russell F. Hilliard | Peter J. Loughlin |
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| Road reclassification -- damages; whether court erred by using tax assessed values; denial of opportunity to conduct discovery | |||
| 02-0301 | State of NH | v. | Mark Nott* |
| Attorney General | Tim A. Clark |
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| Criminal contempt -- whether violation of a bail commissioner's order can be grounds for a charge of criminal contempt | |||
| 02-0314 | The Richmond Company, Inc. Individually and as Agent for ATCNH Realty, LLC | v. | City of Concord* |
| David W. Rayment | Paul F. Cavanaugh Charles P. Bauer, pro se, Intervenor* |
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| Municipal regulation -- site plan; whether court erred by ordering planning board to engage in good faith dialogue to assist developer in meeting requirements for site plan approval; application of wrong standard of review; whether evidence supported planning board decision; cross-appeal -- whether court, after finding insufficient evidence to support planning board decision, erred by remanding case rather than reversing and granting site plan approval | |||
| 02-0315 | State of NH | v. | Richard Rowell, Sr.* |
| Attorney General | Appellate Defender Gregory K. O'Connell |
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| Driving after certification as habitual offender -- whether RSA 262:19, III limits director's authority to impose period of certification beyond four years; whether administrative rule violates separation of powers and is unlawful delegation of legislative authority; whether law is unconstitutionally vague | |||
| 02-0317 | Lori Jacobs | v. | Director,* NH Division of Motor Vehicles |
| Harry N. Starbranch Jr. | Attorney General |
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| Administrative suspension of driver's license -- whether court erred by reversing suspension based on finding that police officer's investigatory stop was improper; whether court erred by finding that hearing officer did not give sufficient weight to evidence of sobriety and drew adverse inference from driver's decision not to testify | |||
| 02-0331 | Robert Krieger, CPA* | v. | ERC Realty Trust & a. |
| Keri J. Marshall | David C. Engel, pro se |
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| Default judgment -- allowing defendant to argue after default that all funds from sale had been disbursed by time plaintiff brought suit; whether court erred in determining scope of defendant's authority over funds; whether court erred by vacating default | |||
| 02-0335 | Appeal of Town of Newington* | ||
| Robert Upton II, for Town Michael D. Ramsdell, for Newington Energy, LLC & Hawkeye Funding Limited Partnership Attorney General |
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| Property tax exemption -- numerous issues including whether RSA chapter 541-A governs tax exemption determination by department of environmental services (DES); failure of DES to provide hearing; direct communication between DES and applicants for tax exemption; whether factual determinations were unreasonable; whether DES erred in granting tax exemption for water injection system, heat recovery steam generator stack and fuel gas heater stacks; cross-appeal -- whether DES improperly applied a "primary purpose test"; whether decision was supported by the evidence; failure to make adequate findings | |||
| 02-0337 | State of NH* | v. | Angel J. Roldan a/k/a Joche a/k/a Russo |
| Attorney General | Richard Monteith, Jr. |
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| Conspiracy -- whether RSA 625:4, I(d) requires proof of an agreement and an overt act in New Hampshire; whether State alleged facts sufficient to establish jurisdiction in NH court | |||
| 02-0338 | Appeal of Roland Petit* | ||
| James H. Leary, for claimant Paul R. Kfoury, Jr., for Nashua Corporation Attorney General |
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| Workers' compensation -- failure of board to issue adequate findings; failure to apply correct legal standards for causation; whether board erred by finding lack of causal relationship and by rejecting uncontradicted opinions of the treating doctors | |||
| 02-0339 | In the Matter of Sharon L. Shyavitz and John P. Shyavitz* | ||
| Sharon L. Shyavitz, pro se John P. Shyavitz, pro se |
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| Post-divorce proceedings -- erroneous removal of joint physical custody; award of child support for child who is no longer a minor and not attending school; award of $20 per week credit on child support because child resides at respondent's home | |||
| 02-0345 | Appeal of Town of Hopkinton* | ||
| Russell F. Hilliard, for Town Simon C. Leeming, for Camp Merrimac, LLC Attorney General |
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| Property tax exemption -- whether board erred by granting religious exemption to limited liability company which is not a regularly recognized and constituted denomination, sect or creed; grant of exemption for land and buildings at campground that are not used directly for religious purposes | |||
| 02-0366 | State of NH | v. | Adam D. Chesbrough* |
| Attorney General |
Adam Chesbrough, pro se | ||
| Restitution -- motion to vacate sentence; whether court erred by ordering defendant to pay restitution when victim waived all monetary claims against defendant as part of a settlement agreement | |||
| 02-0369 | In re Trust of John W. Tracy Sr. f/b/o Jena Gagnon & a. | ||
| James B. Hobbs, for father* of minor
beneficiaries James E. Owers, for Peerless Insurance Company |
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| Testamentary trust -- whether court erred by allowing trustee to use trust funds for non-trust expenses; acceptance of compromise settlement over objection of father of minor beneficiaries | |||
| 02-0370 | In the Matter of Arthur J. Breault* and Denise M. Breault | ||
| William A. Whitten, for petitioner Denise M. Breault, pro se |
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| Post-divorce proceedings -- modification of child support; whether court erred by ordering child support to continue to be paid to custodial parent after child turns 18 because child is attending college; whether attending college is substantial change of circumstances; modification of parties' stipulation | |||
| 02-0372 | State of NH | v. | Joseph Freeman* |
| Attorney General | Appellate Defender Michael Davidow Andrew Winters |
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| Second degree assault -- allowing State to call witness who had recanted her statement to police; allowing State to impeach witness with her prior statement; exclusion of evidence that minor victim had prior involvement in child abuse investigations; admission of prejudicial photographs; sufficiency of evidence; failure to give "absent witness" jury instruction | |||
| 02-0379 | In re Juvenile 2002-0379 | ||
| Case is confidential under RSA chapter 169-B. | |||
| 02-0380 | In the Matter of Jennie A. (Rohdenburg) Louzan and Brad D. Rohdenburg* | ||
| Benette N. Pizzimenti, for petitioner Teresa M. Mullen, for respondent |
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| Post-divorce proceedings -- whether court erred by waiving full disclosure protections of Superior Court Rule 197 and by accepting incomplete financial affidavit | |||
| 02-0385 | Mohammed Queiri | v. | Deborah Hawkins* |
| Mohammed Queiri, pro se | Elizabeth A. Donovan |
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| Stalking -- whether defendant's alleged conduct constitutes stalking; reliance upon report of abuse to DCYF as evidence of stalking; due process | |||
| 02-0440 | Appeal of Verizon New England, Inc.* d/b/a Verizon New Hampshire | ||
| Mark C. Rouvalis Victor D. Del Vecchio Sarah B. Knowlton Suzanne M. Woodland Bruce P. Beausejour E. Barclay Jackson Frederick J. Coolbroth Patrick C. McHugh Scott Sawyer Michael W. Holmes Robert M. Derosier Eric Branfman Philip J. Macres Richard C. Fipphen Cynthia Carney-Johnson Alan D. Mandl Martin L. Gross William Durand Frank P. Spinella, Jr. Andrew O. Isar Mary E. Burgess Jay E. Gruber Kenneth Salinger Patricia A. Jacobs, Ph.D. Jennifer A. Duane Ms. Nancy A. Clay William J. Rooney John O. Postl Douglas Denny-Brown Yvette Bigelow Mr. John Lozzi Stacy Parker Mr. Paul Hartman Mr. Brian Susnock Mr. John Leslie Mr. William H. Harper Benjamin D. Brown Ann F. Larney Suzan M. Lehmann |
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| Public utilities -- whether PUC violated Verizon
NH's due process rights by exceeding scope of non-adjudicatory proceeding
Douglas Denny-Brown Yvette Bigelow Mr. John Lozzi Stacy Parker Mr. Paul Hartman Mr. Brian Susnock Mr. John Leslie Mr. William H. Harper Benjamin D. Brown Ann F. Larney Suzan M. Lehmann |
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| Public utilities -- whether PUC violated Verizon NH's due process rights by exceeding scope of non-adjudicatory proceeding and, without taking evidence or holding adjudicatory hearing, imposing new, costly obligations; rejection of recommendation of facilitator that Verizon NH had complied with relevant commission and FCC orders; imposing costly new obligations and requirements without first finding that Verizon NH was not in compliance with relevant orders and finding that new obligations were necessary to achieve compliance | |||