| 01-655 | Alan Parker McCartney* | v. | Debra L. McCartney |
| pro se | Lenora Boehm |
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| Domestic violence – lack of notice that hearing
would be treated as final hearing; failure to notify parties' counsel that domestic
violence petitions had been filed and were being heard on a final basis |
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| 01-657 | State of NH | v. | James Skinner* |
| Malinda Lawrence | Appellate Defender Keith F. Barnaby |
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| Petition to annul arrest – whether unproven allegation of violent crime is sufficient to preclude petition to annul arrest; whether RSA 651:5, VI applies to preclude annulment; allowing State to present evidence in defiance of previous court order; consideration by court of substantive evidence presented by State | |||
| 02-0036 | State of NH | v. | Nancy Lamprey* |
| Attorney General | David M. Rothstein Matthew J. Lahey |
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| Manslaughter, first degree assault, reckless conduct - allowing view and reenactment of truck traveling at 35 m.p.h.; admission of prior acts of defendant; allowing expert testimony not previously disclosed; erroneous causation jury instruction; whether court erred in giving statutory speed limit jury instruction; erroneous response to jury question | |||
| 02-0043 | Mary P. Hopwood* | v. | Robert J. Pickett & a. |
| Michael E. Chubrich | Philip R. Desfosses Charles A. Degrandpre Ann M. Rice |
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| Probate estate - constructive trust; exclusion of 1996 trial testimony; failure to conduct complete new trial; sufficiency of evidence | |||
| 02-0053 | Katherine Fancett,* Peter Fancett, Karen Booth and Stephen C. Booth | v. | Commissioner, Department of Health and Human Services, and the Office of the Treasurer of the State of New Hampshire |
| Mark N. Rufo | Orville B. Fitch |
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| Marriage license fee - whether $38 portion of the marriage license application charge under RSA 457:29 is a fee or a tax | |||
| 02-0130 | Stewart Title of Northern New England, Inc. | v. | Jeanne M. Jasper,* Wells Fargo Equipment Finance, Inc. and United Capital Bank |
| Michael E. Chubrich | Marc W. McDonald John L. Ahlgren |
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| Interpleader -- whether May 7, 2001 tax lien is inferior to May 23, 2001 judgment lien; whether court erred by divesting joint owner of all funds without allowing her to present evidence; whether court lost jurisdiction when funds were distributed to the IRS | |||
| 02-0132 | State of NH | v. | Robert Knapp* |
| Attorney General | Chris McLaughlin |
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| Driving while intoxicated, driving after suspension -- admission of "abstract of driver history record" | |||
| 02-0153 | In the Matter of Nancy J. Gilmore and William E. Gilmore, Jr.* | ||
| Robert A. Shaines Edwinna C. Vanderzanden |
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| Costs – expert witness fees; failure to follow procedural requirements of Superior Court Rule 87; whether court erred by awarding fees substantially in excess of those required for witness's appearance at trial | |||
| 02-0167 | Gary W. Russell | v. | Warden, NH State Prison, Berlin |
| Janice S. Peterson | Attorney General |
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| Habeas corpus -- driving after certification as a habitual offender; whether felony indictment under RSA 262:23 must allege underlying offense; whether defendant waived objection to indictment by pleading guilty | |||
| 02-0177 | NH Civil Liberties Union | v. | City of Manchester* |
| Andru H. Volinsky | Daniel D. Muller, Jr. |
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| Right-to-Know Law -- whether court erred by ordering police department to compile photographs in a format that did not already exist; whether photographs are exempt from disclosure on the grounds of invasion of privacy | |||
| 02-0178 | Appeal of the Taylor Home* (City of Laconia) | ||
| George R. Moore Daniel E. Will Adele M. Fulton Attorney General |
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| Property tax exemption -- whether taxpayer filed timely appeal of city's denial of charitable exemption | |||
| 02-0179 | Appeal of the Taylor Home* (Town of Sandwich) | ||
| George R. Moore Daniel E. Will Walter L. Mitchell III Attorney General |
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| Property tax exemption -- whether taxpayer filed timely appeal of town's denial of charitable exemption | |||
| 02-0180 | Barbara Bielagus* & a. | v. | EMRE of New Hampshire Corp. & a. |
| John F. Bisson John G. Cronin |
Anthony M. Ambriano Daniel J. Murphy Derek C. Anderson Alexander J. Walker, Jr. David S. Phillips |
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| Promissory note -- successor liability; failure to apply continuity of enterprise doctrine to hold defendant liable; failure to find de facto merger; sufficiency of evidence; whether guaranteed payments to corporate shareholders, officers and directors under "noncompetition agreements" are essentially disguised ownership in the purchasing equity for purposes of concluding that a de facto merger has occurred | |||
| 02-0181 | Petition of WMUR Channel 9* & a. | ||
| James P. Bassett Martha Van Oot Jeffrey C. Spear Richard C. Guerriero, Jr. Attorney General |
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| Freedom of the press - whether press has constitutionally protected interest in utilizing still photography or audio/video recording to report on pretrial, trial, and post-trial proceedings; burden of proof; applying ban without undertaking fact-specific consideration; finding that jury and trial participants would be adversely affected where there was no evidence to support such a finding | |||
| 02-0188 | John Furbush* | v. | Joseph McKittrick, Esquire and John Lyons, Esquire |
| Edgar D. McKean III Leslie H. Johnson |
Catherine A. Blanchard William C. Saturley |
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| Legal malpractice -- statute of limitations; whether defendant failed to notify plaintiff and/or file third party claim; whether defendant breached standard of care by failure to perform choice of forum analysis; cross-appeal -- exclusion of evidence of plaintiff's criminal history and alcohol use; excluding evidence of plaintiff's earnings prior to 1989 | |||
| 02-0190 | Appeal of Melissa Currin,* J. Jill Group, Inc. and Royal & Sunalliance Insurance Co. | ||
| Shawn E. Nichols J. Kirk Trombley Stephen J. Schulthess |
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| Workers' compensation -- whether appeal from hearing officer to compensation appeals board by one aggrieved party preserves appeal for all aggrieved parties; whether appealing party may assign its appeal rights to another party; due process | |||
| 02-0194 | David A. LeBlanc* | v. | Wrenn Associates, Inc. |
| John P. Griffith | Kelly J. Gagliuso |
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| Contracts -- commissions; whether sales representative whose contract was terminated is entitled to payment of commissions received after termination | |||
| 02-0197 | Michelle Madeja | v. | MPB Corporation d/b/a Split Ballbearing* |
| Heather M. Burns Robert Upton II |
Craig L. Staples |
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| Sexual harassment -- numerous issues including denial of JNOV for employer on claim of employer liability for co-worker sexual harassment; denial of JNOV on issue of punitive damages in light of employer's good faith effort to comply with Title VII; whether special verdict form included all necessary material issues; erroneous jury instructions; admission of subsequent sexual harassment allegation against plaintiff's supervisor; exclusion of evidence of plaintiff's misconduct and poor work performance with prior employers | |||
| 02-0198 | Big League Entertainment, Inc. d/b/a Chunky's Cinema Pub* | v. | Brox Industries, Inc. and Bill Hall, Inc. |
| John B. Garvey Derek D. Lick |
William L. Tanguay Mark F. Sullivan |
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| Statute of limitations -- whether three-year or eight-year limitations period applies to this construction deficiency claim; whether summary judgment was erroneous because material fact was in dispute | |||
| 02-0200 | State of NH | v. | Mark Jones* |
| Attorney General | Appellate Defender Donna J Brown |
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| Driving after certification as a habitual offender, disobeying a police officer -- whether officers had reasonable articulable suspicion to support investigatory stop of defendant's car based on tip from unknown informants or based on independent observations of police | |||
| 02-0201 | State of NH | v. | Francis P. Dutton* |
| State of NH | v. | Deborah Dutton* | |
| Attorney General | pro se |
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| Unlawfully tagging deer -- violation of numerous rights | |||
| 02-0203 | In the Matter of Brandy Guerrero and Francisco Guerrero* | ||
| Richard C. Follender Robert G. Daniels Francis G. Holland |
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| Divorce -- unequal distribution of property | |||
| 02-0206 | Sherry Tasker,* Sarah Tasker, through her mother and next of kin/friend, Sherry Tasker | v. | Fiesta (Canada) Barbeques, Ltd.,* Fiesta Gas Grills, LLC, TruServe Corporation, Jackson Furniture Industries, Inc., Mark V, Inc. (d/b/a Longos) (Third Party Action) Fiesta Canada (Canada) Barbeques, Ltd. and Fiesta Gas Grills, LLC v. Fayco Industries, Inc. |
| Garry R. Lane Lawrence S. Smith |
Elizabeth Leonard Richard E. Mills James C. Wheat Paul L. Apple Donald J. Perrault John B. Garvey Gregory A. Moffett |
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| Products liability – indemnification; whether court has personal jurisdiction over defendant; co-appeals | |||
| 02-0208 | Bonnita Rancourt,* Janice Johnson, Erlo Johnson, Diane Packard, Christopher Packard, Gerry Wells, and Katharine Smith | v. | City of Manchester |
| David E. Lefevre | Daniel D. Muller, Jr. Paul L. Apple |
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| Municipal regulation -- zoning variance to stable horses; whether property contained "special conditions" within meaning of RSA 674:33, I(b); whether unnecessary hardship existed | |||
| 02-0211 | State of NH | v. | Beau Illsley* |
| Attorney General | Appellate Defender Theodore N. Barnes |
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| Accomplice to first degree assault -- sufficiency of evidence | |||
| 02-0212 | State of NH | v. | Donald Dennis* |
| Attorney General | Appellate Defender David R. Hammerstad |
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| Reckless conduct -- sufficiency of evidence | |||
| 02-0231 | Michael L. Mooney* | v. | Nationwide Mutual Insurance Company and Joann Bergeron d/b/a The Bergeron Agency a/k/a Bergeron Insurance Agency |
| Francis G. Murphy, Jr. | Stephen J. Schulthess |
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| Uninsured motorist coverage – whether insured's alleged misrepresentation to insurer regarding use of his vehicle was material; whether equitable rescission of policy was proper remedy | |||
| 02-0236 | State of NH | v. | Thomas Coombs* |
| Attorney General | Stephen T. Jeffco |
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| Driving while intoxicated, failure to use turn signal -- whether court erred by allowing "certifying scientist" to testify in place of analyst who did laboratory test on blood sample | |||
| 02-0255 | Helen Remsburg, Administratrix of the Estate of Amy Lynn Boyer | v. | Docusearch, Inc. d/b/a Docusearch.com & a. |
| David M. Gottesman | Dona Feeney Carol L. Hess Michael J. Iacopino Steven B. Ross |
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| Wrongful death, invasion of privacy, Fair Credit Reporting Act, Consumer Protection Act -- whether private investigator or information broker selling information about a third party has any duty owed to the third party; whether cause of action exists against investigator who sells social security number; whether cause of action exists against investigator who obtains work address by means of pretextual telephone call and sells it; certified questions from U.S. District Court | |||
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** Docket no. 2002-130 is consolidated with docket no. 2001-329.