| 2002-0068 | State of NH Attorney General |
v. | Gary Howard* Appellate Defender Philip Desfosses |
| Aggravated felonious sexual assault, second degree assault -- whether court erred by declining to colloquy with defendant to ensure that he authorized defense counsel to admit he committed the acts charged | |||
| 2002-0383 | State of NH Attorney General |
v. | Wigberto Burgos* John P. Newman |
| Violation of restraining order, harassment, simple assault, criminal threatening -- sufficiency of evidence; denial of jury instruction that conditional threats do not constitute criminal threatening | |||
| 2002-0384 | In re Grand Jury
Subpoena for Medical Records of Curtis Payne* Paul J. Bennett Appellate Defender Robert G. Whaland for St. Joseph Hospital Attorney General |
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| Grand jury subpoena -- whether patient-physician privilege prevents disclosure of defendant's medical history and file to the State for purpose of determining if defendant suffered serious bodily injury to support an aggravated driving while intoxicated charge | |||
| 2002-0390 | In re Grand Jury
Subpoena for Medical Records of Scott Carta* Attorney General Ghazi D. Al-Marayati Robert G. Whaland for St. Joseph Hospital |
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| Grand jury subpoena -- whether court erred by ordering defendant's privileged medical records to be reviewed in camera prior to release to grand jury; whether disclosure of privileged medical records was "essential" | |||
| 2002-0410 | State of NH Attorney General |
v. | Thomas Wood* Appellate Defender Ryan L. Russman |
| Aggravated felonious sexual assault, possession of child pornography -- allowing State to amend indictment after State rested; denial of due process on the pattern indictments; whether child pornography statute is unconstitutionally vague and overbroad; refusal to permit defendant to recross-examine witness; sufficiency of evidence | |||
| 2002-0475 | In the Matter of
Roy F. Cuddahy* and Debra L. Cuddahy Elizabeth Cazden, for petitioner Mark S. Moeller for respondent |
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| Divorce - whether business was a marital asset; whether division of property was inequitable; alimony award; inclusion of bonus in husband's income for purposes of calculating alimony | |||
| 2002-0477 | In the Matter of
Gabriel D. Cohen and Karyl Cohen* Gary M. Burt for petitioner David A. Bailinson for respondent GAL: Karen M. Shea |
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| Divorce – denial of request to stay divorce decree and for hearing on distribution of marital assets following entry of judgment pro confesso | |||
| 2002-0478 | LaMontagne Builders, Inc. Rodney L. Stark |
v. | Bank of New Hampshire, Bowman
Brook Purchase Group, Bowman Corporation, R. Scott Brooks and HABS/CDM, Inc. Daphne Lessard for Bowman Brook Purchase Group and R. Scott Brooks* David K. Pinsonneault and Arnold N. Rosenblatt for Bank of NH Jason M. Craven for Bowman Green Development Corp.
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| Fraudulent transfer – award of damages on claims raised sua sponte by court without notice to defendants; piercing of corporate veil; award of attorney's fees | |||
| 2002-0486 | Estate of Richard H. Ireland,
Jr. and Sharon Ireland* John E. Lyons, Jr. |
v. | Worcester Insurance Co. and
St. Paul Fire and Marine Insurance Company Stephen Roberts and Kathleen Monroe for St. Paul F&M Ins. Lawrence W. Getman for Worcester Ins. Co. |
| Uninsured motorist coverage -- whether decision in Matarese v. NH Municipal Association Property-Liability Trust, 147 N.H. 396 (2002), should be applied prospectively only; whether decision in Matarese is contrary to legislative intent | |||
| 2002-0507 | Appeal of
Baldoumas Enterprises, Inc. d/b/a Sparky's American Café* Robert A. Shaines Attorney General |
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| Liquor commission -- whether commission erred in finding that appellant served an intoxicated person; whether commission exceeded its authority in ruling that appellant's violation of RSA 179:5, I, was a significant and contributing cause of injuries | |||
| 2002-0511 | In re Juvenile
2002-0511 A; In re Juvenile 2002-0511 B Attorney General Brian P. McEvoy for mother* Paula J. Werme for Intervenor CASA, David N. Sandberg |
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| This case is confidential under RSA chapter 169-C. | |||
| 2002-0516 | Royal Gardens Harold E. Ekstrom |
v. | Veronica McDavitt* Elliott N. Berry |
| Landlord-tenant -- eviction; whether altercation between tenant and her nonresident boyfriend constituted substantial violation of lease within meaning of 24 C.F.R. § 247.3 | |||
| 2002-0517 | Appeal
of Suzanne D. Decker* Robert V. Johnson, II Attorney General |
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| Unemployment compensation -- exclusion of evidence regarding sexual harassment; misapplication of law regarding disqualification for unemployment benefits for misconduct | |||
| 2002-0518 | State of NH Attorney General |
v. | Charles Carr* Diane M. Nicolosi Gregory W. Swope |
| Bail jumping – numerous issues including admission of district court bond; sufficiency of evidence; jury instructions; admission of clerk of court's opinion testimony that there is an implicit condition of release to appear at hearings; sufficiency of indictment; hearsay | |||
| 2002-0519 | State of NH Attorney General |
v. | David C. Blackledge* Appellate Defender Soudabeh Tahmassebipour |
| Driving after certification as a habitual offender – whether division of motor vehicles can certify defendant as habitual offender for more than four years; failure to exclude evidence of defendant's flight from the police; erroneous jury instructions regarding flight from scene of incident | |||
| 2002-0524 | State of NH Attorney General |
v. | Daniel Mason* Appellate Defender Caroline K. Hill Jesse Friedman |
| Second degree assault, witness tampering, sexual assault – whether court erred in consolidating charges for trial; sufficiency of evidence; whether State opened the door to disclosure of DCYF records; denial of motion for discovery | |||
| 2002-0525 | In the Matter of
Barbara Friedman and Dale Friedman* Attorney General for Department of Health and Human Services Robert A. Shaines for respondent |
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| Modification of N.J. support order -- whether court erred by dismissing motion to modify N.J. support order registered in N.H.; equal protection and due process violations | |||
| 2002-0526 | Appeal of
International Paper Box Machine Co.* Jennifer Holmes Attorney General |
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| Wage claim - civil penalty; whether penalty appeal board acted unreasonably by assessing civil penalties for unintentional violations of RSA 275:43, I | |||
| 2002-0528 | Douglas Blackwell and Dawn
Blackwell Tony F. Soltani |
v. | James J. Fleming, Fleming
Title Services, Inc., Stewart Title of Northern New England, Inc. and GMAC Mortgage
Corporation* Edwinna C. Vanderzanden Steven A. Solomon for GMAC Mortgage Corp. |
| Default -- whether court erred by denying motion to strike default | |||
| 2002-0533 | Deanna Cross* Steven A. Bolton |
v. | David Rhodes Daniel E. Donovan, III |
| Landlord-tenant – security deposit; whether failure to provide receipt for security deposit and failure to inform plaintiff that any conditions in rental unit in need of repair should be noted on receipt or given in writing to landlord constituted one violation or two violations; whether court erred in calculating amount of attorney's fees | |||
| 2002-0539 | State of NH Attorney General |
v. | Roger Paradis* Appellate Defender Kimberly A. Shoen |
| Burglary -- numerous issues including denial of view; evidentiary issues; improper closing argument by State; exclusion of evidence of general reliability of eyewitness testimony; sufficiency of evidence | |||
| 2002-0540 | Appeal of
Belmar/PAG Limited Partnership* David E. Lefevre for Belmar/PAG Limited Partnership David R. Connell for City of Nashua Attorney General |
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| Property tax abatement -- whether board erred in ruling that assessment for tax year 1999 did not have to be used for subsequent years due to "adjustments in property strata" made by city for tax year 2000 | |||
| 2002-0541 | Murray Marketing, Inc. d/b/a
Murray Outdoor Communications, Inc.* John F. Bisson John G. Cronin |
v. | City of Nashua and Nashua
Zoning Board of Adjustment David R. Connell for City Stephen M. Bennett for Zoning Board |
| Municipal regulation – variance; whether zoning administrator's interpretation that a sign is a "ground sign" was erroneous; whether zoning ordinance unconstitutionally bans all billboards | |||
| 2002-0545 | Petition of Moore
Center Services, Inc. (Area Agency VII)* Michael R. Chamberlain for Moore Center Services, Inc. Sheila N. Zakre for William S. Attorney General Granite State Guardianship Services |
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| Developmental disabilities -- whether department erred in ruling that William S. is developmentally disabled due to learning disability; failure to follow administrative rule He-M 503.03(E) | |||
| 2002-0551 | William McLaughlin,
Individually and as Administrator of the Estate of Lauren McLaughlin and Debra DiStefano* Vincent A. Wenners, Jr. |
v. | Commercial Union
Insurance Co. and Christopher Sears Doreen F. Connor for Commercial Union Ins. Co. Christopher Sears, pro se |
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| Liability insurance coverage -- whether court erred in granting summary judgment; whether injection of heroin into decedent by the insured, resulting in death, was an insured "accident" or "occurrence"; whether death "arose out of" the injection of heroin | ||||||
| 2002-0552 | Lone Pine Hunters' Club, Inc. Andrew A. Prolman |
v. | Town of Hollis William R. Drescher for Town Bruce W. Felmly and Jennifer L. Parent for intervenor residents* |
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| Municipal regulation -- whether note signed by three members of ZBA was a valid decision; whether use of property as a fish and game club was pre-existing nonconforming use; whether hunter's club is required to apply for a special exception; sufficiency of evidence; whether issues were preserved for appeal | ||||||
| 2002-0553 | Leo A. Derosia* Michael J. Sheehan |
v. | Warden, NH State
Prison Attorney General |
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| Habeas corpus -- whether State proved two predicate theft offenses as required by RSA 637:11, II(b | ||||||
| 2002-0557 | Roberta Millwood Robin C. Curtiss |
v. | Stephen Peck* Ralph N. Suozzo |
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| Negligence -- automobile accident; whether photographs of vehicles involved in accident were admissible; denial of motion to set aside or for remittitur | ||||||
| 2002-0561 | State of NH Attorney General |
v. | Jeffrey West* Sven D. Wiberg |
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| Second degree assault, criminal threatening, simple assault -- exclusion of evidence relating to grant of immunity to witness; exclusion of evidence of inadequacy of investigation and of credibility of victim; limitation on cross-examination of victim regarding her misstatements of aspects of her prior record | ||||||
| 2002-0562 | Michael Fischer,* Under POA
for Rabbi Bela Fischer Kenneth M. Brown |
v. | Temple Beth
Abraham Ralph F. Holmes |
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| Contracts -- whether court erred by failing to impose the implied covenant of good faith and fair dealing on the defendant's exercise of discretion within the contract; whether court erred by deciding ambiguous contract language in favor of the party moving for summary judgment | ||||||
| 2002-0571 | Franklin Lodge of Elks, #1280
BPO Elks* Matthew J. Lahey |
v. | Sally Marcoux,
Terry Bergeron-Hoyt, Renee LaBonte and Joann LaBonte Christopher J. Seufert |
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| Human rights -- discrimination; whether Lodge of Elks is a private club exempt from RSA 353-A:16-17; whether lodge is a place of public accommodation; whether purpose of RSA 354-A:16-17 is to prevent discrimination against lodge's membership; whether damages are limited to $1,500 in absence of provision for jury trial; sufficiency of evidence of damages | ||||||
| 2002-0575 | Delta and Delta Realty Trust Jack S. White |
v. | City of Nashua* James M. McNamee, Jr. |
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| Property tax – abatement; failure of court to dismiss abatement appeal when taxpayer had provided no evidence to board of assessors regarding value of property; whether court erred by placing burden of proof on City; failure of court to provide specific rulings on requests for findings of fact and rulings of law | ||||||
| 2002-0586 | Gregory Harper, Adm'r. of the
Estate of James R. Whitley, II Kenneth C. Brown |
v. | Water Pik
Technologies, Inc. Andrew D. Dunn Martha Van Oot Heidi A. Bean Debra M. Walsh Michael R. Mortimer for Intervenor ACE USA |
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| Workers' compensation -- whether, under RSA 281-A:13, workers' compensation carrier is entitled to lien on estate beneficiaries' recovery of wrongful death litigation proceeds; certified question from U.S. District Court | ||||||
| 2002-0589 | State of NH Attorney General |
v. | Joseph J. Turmel* F. Michael Keefe |
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| Constitutional violations (4th and 5th amendments and state constitutional equivalents) arising from denial of motion to suppress -- whether court erred when investigatory stop was not supported by specific articulable facts, subsequent warrantless search was not product of consent, and defendant did not receive Miranda warnings before interrogation. | ||||||
| 2002-0591 | Maureen Bacon* Barry C. Schuster |
v. | Town of Enfield Barton L. Mayer |
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| ZBA denial of variance - whether trial court erroneously upheld ZBA's denial of variance when evidence established that denial was arbitrary and violated equal protection | ||||||
| 2002-0593 | Appeal of Police
Commission of the City of Rochester* Daniel P. Schwarz for Police Commission Peter C. Phillips for International Brotherhood of Police Officers, Local 580 Attorney General |
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| PELRB, collective bargaining agreement construction, arbitration - did board apply correct CBA; did board comply with Administrative Procedures Act by promulgating rule on construction of CBA; did PELRB correctly find that commission had waived arbitrability issue and that issue was not ripe; was board's construction of CBA correct; did commission commit ULP by seeking review of arbitrator's award | v. | Town of Enfield Barton L. Mayer |
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| 2002-0596 | Appeal of Melanie
R. Sawyer* Shawn E. Nichols for Melanie R. Sawyer James E. Owers for Liberty Mutual Ins. Co. Attorney General |
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| Workers' compensation - did CAB erroneously fail to rule on whether chiropractic and massage therapy bills are compensable or on whether claimant's disability stems from pain; whether CAB made sufficient findings of fact and rulings of law; whether CAB's decision was supported by evidence; whether claimant was entitled to rehearing before initial panel that decided claim | ||||||
| 2002-0599 | State of NH Attorney General |
v. | Deborah Chapman* Mark L. Sisti |
| Theft by
unauthorized taking -- whether court erroneously excused juror, failed to grant motion to dismiss, failed to grant motion for directed verdict, and failed to answer jury question completely |
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| 2002-0603 | State of NH Attorney General |
v. | Michael D'Amour* Appellate Defender Katherine Cooper |
| Motion to suppress, motion to set aside verdict - did court erroneously fail to suppress evidence obtained in warrantless search of defendant's backpack; did court erroneously fail to set aside verdict because verdict was not supported by sufficient evidence that he was aware that his girlfriend's prescription pills were in his backpack | |||
| 2002-0643 | State of NH Attorney General |
v. | Gregory Barka* Appellate Defender Soudabeh Tahmassebipour Robert G. Whaland for St. Joseph Hospital |
| Aggravated driving while intoxicated -- whether patient-physician privilege yields where State cannot prove element of serious bodily injury without access to defendant's medical records; interlocutory appeal | |||
">Gregory Barka*
Appellate Defender
Soudabeh Tahmassebipour
Robert G. Whaland for St. Joseph Hospital