| 02-00578 | In re Guardianship of Jason Henderson* | ||
| Ms. Phyllis Henderson, pro se Peter S. Wright, Jr. for Jason Henderson |
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| Guardianship -- whether ward was deprived of his right to counsel when his appointed counsel handled his defense to involuntary guardianship proceedings as if she were his guardian ad litem rather than as legal counsel bound to zealously defend his interests | |||
| 03-0023 | Appeal of Michael Rhodes* | ||
| John E. Durkin Paul L. Salafia |
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| Workers' compensation -- whether appeal to compensation appeals board was timely filed; whether compliance with 30-day statutory deadline for filing appeal under RSA 541:6 is necessary prerequisite to establishing jurisdiction in supreme court | |||
| 03-0076 | Rene R. Smagula* | v. | Town of Hooksett & a. |
| Ms. Nancy B. Winneg | Barton L. Mayer |
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| Protest petition on zoning amendment -- whether court erred in ruling protest petition invalid | |||
| 03-0079 | Estate of Joshua T.*, Dale and Patricia T. as the
Administrators of the Estate of Joshua T., and as Next Friends |
v. | State of NH, Division of Children, Youth and Family Services & a. |
| Nancy S. Tierney | Attorney General |
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| Wrongful death -- whether expert is needed to determine if DCYF had a duty to remove juvenile from foster home; whether plaintiffs satisfied exceptions in McLaughlin v. Sullivan, 123 N.H. 335 (1983 | |||
| 03-0086 | State of NH | v. | Richard Allen Smith* |
| Attorney General | Mark L. Sisti |
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| Aggravated felonious sexual assault -- denial of motion to suppress as untimely; denial of mistrial after prosecution informed jury that taped confession existed and questioned witness with respect to transcript of the confession where transcript of confession was inadmissible | |||
| 03-0087 | State of NH | v. | Raymond Cole* |
| Attorney General |
Appellate Defender Andrew Winters Fabian Braithwaite |
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| Second degree assault -- exclusion of evidence of indictment pending against witness; admission of prejudicial photographs; whether court erred by sentencing defendant to extended term of imprisonment | |||
| 03-0091 | In the Matter of Julie A. Foshay* and Gordon E. Cole | ||
| Doreen F. Connor for petitioner Mr. Gordon E. Cole, pro se |
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| Visitation -- whether court erred by allowing expanded visitation with minor children | |||
| 03-0093 | In the Matter of Robert Jacobson* and Kathleen Tierney | ||
| Michael E. Gould for petitioner Ms. Kathleen Tierney (now Bryan), pro se |
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| Post-divorce proceedings -- numerous issues including reinstatement of award of child support; whether respondent had legal standing to pursue award of child support for adult daughter; whether adult child is not emancipated because of disability | |||
| 03-0096 | State of NH | v. | Otis Daniels* |
| Attorney General |
Appellate Defender Jaye Rancourt |
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| Felonious sexual assault -- denial of funds for expert in eyewitness identification; failure to suppress out-of-court identification; failing to allow defendant to impeach victims; denial of mistrial after State disclosed that State witness made a false statement prior to trial; failure to strike said witness's testimony | |||
| 03-0098 | Cindy M. Cote* | v. | Roger Fournier and Susan M. Fournier |
| John G. Richardson | Hamilton R. Krans, Jr. |
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| Real estate -- specific performance; whether unsigned purchase and sale agreement may be used to construe subsequent contract; reliance upon financing contingency in an unenforceable contract; whether inability to perform for a few days beyond closing date absent clause making time of the essence renders contract unenforceable | |||
| 03-0099 | Michael Porter | v. | City of Manchester* and Susan Lafond* |
| Jon H. Meyer | James G. Walker, for Lafond Robert J. Meagher, for City |
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| Wrongful termination -- whether court erred in directing verdict against city on respondent superior claim; whether constructive discharge action against city was barred by Workers' Compensation Law; whether plaintiff should have been allowed to maintain claim for emotional distress; whether open-ended claim for future lost wages should have been submitted to the jury; whether plaintiff should have been allowed to request punitive damages; whether defendant Lafond was entitled to qualified immunity; whether plaintiff's right to speak was outweighed by injury caused to defendants by his unprotected public statements regarding defendant Lafond; failure to properly disclose opinions of expert; cross-appeal --whether court erred in dismissing claim for intentional infliction of emotional distress; whether plaintiff's "press release" was protected by First Amendment; exclusion of evidence that public policy concerns raised by plaintiff were incorporated into policies and procedures of the next Welfare Commissioner | |||
| 03-0100 | Cheryl Kerr | v. | John Miller* and Donna Miller |
| Michael J. Scott | David M. Groff |
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| Misrepresentation, breach of contract -- sale of home; admission of hearsay evidence of damages; whether expert testimony was necessary to award damages for repairs to allegedly failed septic system; application of doctrine of res ipsa loquitor | |||
| 03-0101 | In the Matter of Susan C. (Coyne) Barrett and John T. Coyne* | ||
| Ronald G. Sutherland for petitioner Elizabeth A. Donovan for respondent |
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| Post-divorce proceedings -- whether court erred by ordering respondent to contribute towards private school tuition when child was entitled to attend public school; consideration of respondent's current wife's income | |||
| 03-0106 | In the Matter of Gary F. Haller* and Dawn Mills | ||
| Mr. Gary F. Haller, pro se Denise F. Shore for respondent |
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| Child support -- whether petitioner, who has been determined not to be child's father, may recover child support paid to State prior to determination | |||
| 03-0109 | David Dillman | v. | New Hampshire College* |
| Robert K. Mekeel | Edward A. Haffer |
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| Breach of employment agreement -- failure to grant directed verdict to defendant based on foreword to handbook that states that the handbook "shall not be considered a contract of employment" | |||
| 03-0111 | Laurie Auen | v. | Kenneth Auen* |
| James J. Tenn, Jr. | Joshua L. Gordon |
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| Domestic violence -- whether court erred by refusing to return weapons to defendant after expiration of domestic violence order | |||
| 03-0112 | Appeal of Linda J. Brown* | ||
| Leslie H. Johnson for claimant Eric G. Falkenham for Sunbridge Care & Rehabilitation |
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| Workers' compensation -- numerous issues including whether board substituted its opinion for that of medical experts; application of improper standard of causation; whether evidence supports board's conclusion that carpal tunnel syndrome was not causally related to claimant's work | |||
| 03-0114 | Appeal of Fred Fuller Oil Co., Inc.* | ||
| Diane M. Gorrow for Barry S. Leonard, Sr. Simon C. Leeming for Fred Fuller Oil Co., Inc. |
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| Whistleblower's Protection Act -- numerous issues including award of excessive amount of back pay; failure of board to consider spoliation of evidence; whether claimant reasonably mitigated his damages | |||
| 03-0116 | State of NH | v. | James H. Mansfield* |
| Attorney General | David I. Bailinson |
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| Driving after suspension -- motion to vacate plea; denial of motion without holding a hearing | |||
| 03-0121 | Ernest M. Cherry, Jr. and Carole A. Cherry | v. | Town of Hampton Falls* and Hampton Falls Planning Board |
| Raymond P. Blanchard | Lawrence M. Edelman |
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| Municipal regulation -- subdivision; numerous issues including failure of court to presume that zoning ordinances are presumptively valid; whether wetlands destruction would be de minimis; whether proposed roadway was essential to productive use of applicants' land outside of the wetlands; whether there is a feasible alternative location for the road | |||
| 03-0122 | Appeal of Ann Miles Builder, Inc.* | ||
| Gregory D. Robbins for claimant Paul B. Kleinman for Ann Miles Builder, Inc. Lisa-Dawn Bollinger for Ann Miles Builder, Inc. |
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| Workers' compensation -- whether board erred by shifting burden of persuasion and holding that the claimant is an employee | |||
| 03-0124 | State of NH | v. | Garry Quimby* |
| Attorney General |
Appellate Defender Paul Halvorsen |
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| Aggravated felonious sexual assault -- sufficiency of evidence | |||
| 03-0126 | Sherwood Forest Mobile Homes, Inc.* | v. | James W. Reardon and Donita C. Reardon |
| Edgar D. McKean III | David C. Engel |
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| Landlord-tenant -- mobile home park eviction; whether failure to pay "rental surcharge" constitutes grounds for eviction; whether landlord must specifically identify that its eviction action is based on commercial component of rent; whether court erred by assessing civil penalty and attorney's fees against landlord | |||
| 03-0132 | In the Matter of Jesper Gronvaldt* and Claudia Gronvaldt | ||
| Patrick J. Devine for petitioner William E. Boc for respondent |
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| Divorce -- numerous issues including whether court erred in awarding divorce on fault grounds; whether expert testimony was required for finding of emotional abuse and distress; failure to give written reasons for property division; failure to give reasons to support alimony award | |||
| 03-0133 | State of NH | v. | Kenneth Gowen* |
| Attorney General |
Robert A. Zubkus |
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| Driving while intoxicated, operating after suspension, felon in possession of a weapon -- whether stop of motor vehicle was supported by reasonable articulable suspicion | |||
| 03-0142 | State of NH | v. | Thomas P. Cossette* |
| Attorney General |
Appellate Defender Donald Ekberg |
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| Aggravated felonious sexual assault -- numerous issues including grant of motion to consolidate; denial of discovery; failure of State to disclose exculpatory evidence; sufficiency of evidence; admission of hearsay; denial of mistrial; double jeopardy; denial of motion for new trial; exclusion of evidence at sentencing hearing | |||
| 03-0144 | In the Matter of Rita A. Flanders and Stephen Richard Flanders* | ||
| Michael Bedard for petitioner Paul F. Coddington, Jr. for respondent |
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| Divorce -- whether court should have heard testimony on post-trial motion; whether property division was equitable | |||
| 03-0150 | Appeal of Edward Fay, III* | ||
| John G. Vanacore for claimant John B. Schulte for Peerless Insurance Company |
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| Workers' compensation -- consideration by board of issues not raised before department of labor; whether board's rulings are contrary to law and the evidence; whether board unlawfully rendered its own medical opinion | |||
| 03-0152 | State of NH | v. | David Reno* |
| Attorney General |
Christopher M. Johnson Donna J. Brown |
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| Driving while intoxicated – denial of motion to suppress evidence of the motor vehicle stop | |||
| 03-0153 | Appeal of Stephen V. Weaver, Jr.* | ||
| Christopher A. Bandazian for claimant Nicole D. Spaur for Land Rover of Scarborough, ME |
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| Workers' compensation -- whether claim was barred by "injuries outside of the state" statute where injury occurred in New Hampshire but claimant received workers' compensation benefits from Maine | |||
| 03-0154 | Cassandra Hawkins | v. | NH Department of Health and Human Services* |
| Kay E. Drought | Attorney General |
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| Right-to-Know Law -- numerous issues including whether court erred in ordering department to produce redacted Medicaid recipients' dental claims forms; whether Medicaid claims are public records; whether confidential information is segregable; whether court erred by limiting costs that can be recovered for producing documents; whether court can require department to provide copies while appeal is pending | |||
| 03-0162 | State of NH | v. | Robert W. Nelson* |
| Attorney General |
Timothy E. Bush |
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| Receiving stolen property -- whether taking photographs from tenant's apartment, scanning them into computer, then returning originals constitutes offense of receiving stolen property | |||
| 03-0164 | Peerless Insurance and Red Oak Property Management, Inc. | v. | Vermont Mutual Insurance Company* and Guumeez-Hill Trust |
| Todd N. Hathaway | Gregory M. Eaton for Vermont Mutual Insurance Co. Gary M. Burt for Guumeez-Hill Trust |
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| Commercial general liability insurance, indemnification -- whether Vermont Mutual policy provided sole primary insurance coverage; whether Peerless should be required to contribute equally to the cost of defending underlying action | |||
| 03-0166 | In the Matter of Jonnalagadda Sasidhar* and Lakshmi Congeevaram | ||
| Margaret R. Crabb for petitioner R. David DePuy for petitioner Robert M. Shepard for respondent |
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| Post-divorce proceedings -- whether court erred in ordering retroactive recalculation of child support; whether court may sua sponte recalculate child support; parol evidence rule | |||
| 03-0169 | In the Matter of Kathy L. Wolfson and Alan C. Wolfson* | ||
| William E. Aivalikles for petitioner Robert M. Shepard for respondent |
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| Post-divorce proceedings -- whether post-divorce alimony award was based on unforeseen substantial change in circumstances; whether respondent has ability to pay alimony | |||
| 03-0172 | Prospect Farm-Lancaster, LLC* | v. | Nicolas Davidge |
| James Q. Shirley | Daniel C. Finbury |
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| Partition of realty -- whether court erred by imposing sealed bidding process upon the parties; failure to value property at fair market value; failure to properly weight factors in RSA 547-C:29; sufficiency of evidence | |||
| 03-0175 | Appeal of Franklin Falls Hydroelectric Corp.* | ||
| R. Peter Shapiro for Franklin Falls
Hydroelectric Corp. Mark Bennett for Department of Revenue Administration Attorney General |
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| Board of tax and land appeals -- whether appeal was timely filed; whether board erred by failing to exercise discretion under RSA 80:55, I(b) to accept appeal as timely filed | |||
| 03-0176 | Mark Poland and Georgette Poland | v. | Paul Twomey* & a. |
| Charles E. Dibble | Andrew D. Dunn Kevin G. Collimore |
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| Legal malpractice -- whether court erred in finding that jury was not free to reject plaintiff's liability expert's opinion; whether court erred in granting plaintiff a new trial given plaintiff's failure to proffer expert testimony supporting legal causation | |||
| 03-0177 | General Linen Services, Inc. | v. | Franconia Investment Associates, LP* & a. |
| Mark D. Hanlon | Charles A. Szypszak |
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| Breach of contract -- whether contract clause for linen services allowed termination if an on-premises laundry was installed; whether liquidated damages clause was enforceable | |||
| 03-0178 | State of NH | v. | Alfred Hogan* |
| Attorney General |
Thomas N. Morgan |
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| Reckless operation -- whether reckless operation is a lesser-included offense of driving while intoxicated | |||
| 03-0183 | In re Juvenile 2003-0183 | ||
| Case is confidential under RSA chapter 170-C | |||
| 03-0187 | In re Juvenile 2003-0187 | ||
| Case is confidential per courtile intoxicated | |||
| 03-0183 | In re Juvenile 2003-0183 | ||
| Case is confidential under RSA chapter 170-C | |||
| 03-0187 | In re Juvenile 2003-0187 | ||
| Case is confidential per court order | |||
| 03-0188 | State of NH | v. | Mark A. Nott* |
| Attorney General |
Tim A. Clark |
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| Probation violation -- denial of discovery request for gun to be fingerprinted; sufficiency of evidence of defendant's control of weapon | |||