| 02-0751 | State of NH | v. | Odalis Gonzalez* |
| Attorney General | Appellate Defender Martin J. Kenney, Jr. |
||
| Southern District of Hillsborough County Conspiracy to sell controlled drugs -- sufficiency of the evidence; whether phone calls were admissible under coconspirator exception to hearsay rule; whether permitting police officers to testify to accuracy of translation from Spanish to English was error; whether permitting State's witness to offer opinion on meaning of phone calls in which he did not participate was error; failure to declare a mistrial after repeated reference to defendant facing time in jail on robbery charge |
|||
| 03-0470 | State of NH | v. | John Flynn* |
| Attorney General | Courtney Worcester David A. Vicinanzo |
||
| Rockingham Superior Court Aggravated felonious sexual assault -- numerous issues including duplicitous indictments; whether indictment allowed jury to convict on a charge different than that returned by grand jury; sufficiency of evidence; limitation on cross-examination; failure to bar testimony of expert who State failed to properly disclose; jury instructions; denial of continuance |
|||
| 03-0535 | Karen Figlioli and Frank Figlioli | v. | R.J. Moreau Companies, Inc. |
| James E. Fiest Thomas E. Craig |
Russell F. Hilliard Richard E. Mills Douglas N. Steere for intervenor Peerless Insurance Company* |
||
| Northern District of Hillsborough County Intervention -- breach of contract, breach of warranty, negligence, Consumer Protection Act; whether court erred by denying insurance company's motion to intervene; failure to give jury special verdict form |
|||
| 03-0610 | In re Juvenile 2003-0610-A, -B, -C | ||
| Case is confidential under RSA chapter RSA 170-C | |||
| Sullivan Probate Court | |||
| 03-0630 | Northland Insurance Companies* | v. | Stanhope Associates, Inc. d/b/a Elliot Agency |
| Brian T. McDonough | Russell F. Hilliard |
||
| Northern District of Hillsborough County Contribution and indemnity -- when claims for indemnification and contribution accrued; statute of limitations |
|||
| 03-0643 | Appeal of Mary Ann Flood Poitras* | ||
| Brian C. Shaughnessy Thomas W. Kelliher |
|||
| NH Compensation Appeals Board Workers' compensation -- whether board erred by deciding issue not before it; whether board applied correct legal standard; sufficiency of evidence of finding of a change in claimant's medical condition |
|||
| 03-0647 | Sands Resort Management Company, Sands Resort at Hampton Beach* | v. | Daniel Harnum |
| Daniel R. Hartley | Daniel Harnum, pro se |
||
| Rockingham Superior Court Wage claim -- whether housing can be compensation under the statutory definition of "wages"; estoppel |
|||
| 03-0669 | NH Water Resources Council* | v. | Steels Pond Hydro, Inc. |
| Attorney General | James P. Bassett Howard M. Moffett |
||
| Merrimack County Superior Court Lease of hydroelectric facility -- whether lump sum payment was gross revenue received from power sales under lease; whether lessee's construction of lease is against public policy or unconstitutional; unjust enrichment; promissory estoppel; whether lease is ambiguous |
|||
| 03-0673 | In the Matter of Rosemarie E. Hillebrand and Thomas A. Hillebrand* | ||
| K. William Clauson Eugene F. Sullivan, III |
|||
| Sullivan Superior Court Post-divorce proceedings -- failure to terminate alimony; whether continued alimony violates Thirteenth Amendment to U.S. Constitution; failure to address requests for findings and rulings; whether contempt finding and order thereon were erroneous; cross-appeal -- whether court erred in denying request for cost of living increase in alimony |
|||
| 03-0676 | Karen Figlioli and Frank Figlioli | v. | J. Moreau Companies, Inc.* |
| James E. Fiest Thomas E. Craig Consolidated w/ 2003-0535 |
Russell F. Hilliard Richard E. Mills |
||
| Northern District of Hillsborough County Breach of contract, breach of warranty, negligence, Consumer Protection Act (CPA) -- untimely request for enhanced compensatory damages; whether evidence supported sending issue of enhanced compensatory damages to jury; allowing plaintiffs to resurrect CPA claim after close of discovery; whether expert was qualified; evidentiary issues |
|||
| 03-0678 | State of NH | v. | James McLaughlin* |
| Attorney General | Appellate Defender Theodore Barnes |
||
| Merrimack County Superior Court Kidnapping, robbery, simple assault, felon in possession of knife -- denial of mistrial after State corrected victim's identification of defendant during direct testimony; sufficiency of evidence |
|||
| 03-0679 | Henry F. Goode, Jr.* | v. | Michael F. Buckley, CPA & a. |
| John A. Curran | Attorney General |
||
| Merrimack County Superior Court Right-to-Know Law -- numerous issues including failure to find waiver of attorney-client privilege; whether court shifted burden of proof on issue of attorney's fees to petitioner; denial of attorney's fees; whether State acted in good faith; whether court erred in its factual findings and analysis |
|||
| 03-0680 | Nathan Salter* | v. | Paul Somero |
| Corey M. Belobrow | Peter M. Solomon |
||
| Southern District of Hillsborough County Partnership -- whether superior court erred by ruling that department of labor had exclusive jurisdiction to decide issue of partnership/business law |
|||
| 03-0682 | State of NH* | v. | Kristen Chace |
| Attorney General | Andrew F. Cotrupi |
||
| Portsmouth District Court Driving while intoxicated -- whether plea offer letter from State was misleading; whether court erred by dismissing DWI complaint |
|||
| 03-0684 | State of NH | v. | Edward Berthiaume* |
| Attorney General | Edward Berthiaume, pro se |
||
| Rockingham Superior Court Possession of controlled drug, simple assault -- sufficiency of evidence; failure to dismiss case after State refused to grant immunity to witness |
|||
| 03-0686 | State of NH | v. | Miguel A. Ortiz, Jr.* |
| Attorney General | Appellate Defender Neil J. Reardon |
||
| Rockingham Superior Court Sale of heroin -- whether court erred by not allowing a defense witness to testify at trial; allowing State to introduce factual basis of a nol prossed indictment at sentencing |
|||
| 03-0687 | John R. Harrington* and Fernanda M. Harrington | v. | Town of Warner |
| Margaret H. Nelson | Donald E. Gartrell |
||
| Merrimack County Superior Court Municipal regulation -- variance; whether applicant proved undue hardship; whether variance was contrary to spirit of zoning ordinance; failure to determine if variance would nullify or substantially derogate intent of zoning ordinance; failure to rule on proposed findings and rulings |
|||
| 03-0689 | NH Water Resources Council* | v. | Pittsfield Hydropower |
| Attorney General Consolidated w/ 2003-0669 |
James P. Bassett Douglas L. Patch |
||
| Merrimack County Superior Court Lease of hydroelectric facility -- whether lump sum payment was gross revenue received from power sales under lease; whether lessee's construction of lease is against public policy or unconstitutional; unjust enrichment; promissory estoppel; whether lease is ambiguous |
|||
| 03-0690 | Thomas Ireland* | v. | Town of Candia |
| Andrew A. Prolman | Barton L. Mayer |
||
| Rockingham Superior Court Municipal regulation -- variance; whether motion for rehearing filed with zoning board of adjustment was untimely; whether 30-day period for filing motion is extended to next business day when last day falls on a weekend |
|||
| 03-0691 | Frank Marino* | v. | Elizabeth Mendez |
| Frank Marino, pro se | Elizabeth Mendez, pro se |
||
| Franklin District Court Landlord-tenant -- eviction; whether court erred in ruling that the notice period given in notice to quit was insufficient |
|||
| 03-0694 | In the Matter of Michelle (Fogg) Glaude and Kenneth Fogg, II* | ||
| Michelle Glaude, pro se Daniel J. Harkinson |
|||
| Strafford Superior Court Child support -- whether court has authority to impose support obligation upon respondent for his former stepson; modifying support obligation from a date earlier than when motion for modification was filed; failure to make allowance for petitioner's child support arrearages in respondent's child support obligation |
|||
| 03-0699 | Catherine Gilman, d/b/a Four Seasons Day Care | v. | J & S Building Realty* (Steve Lombari and Joseph Pizzano) |
| Keri J. Marshall | Joseph L. Hamilton |
||
| Rockingham Superior Court Breach of lease -- sufficiency of evidence of damages |
|||
| 03-0704 | Heidi McNair | v. | Ryan McNair* |
| Bronwyn Asplund-Walsh | Gabriel N. Nizetic |
||
| Family Division at Plymouth Domestic violence -- personal and subject matter jurisdiction; res judicata and collateral estoppel; whether court engaged in improper ex parte investigation into facts of case; whether court had authority to invalidate final domestic order of Texas court |
|||
| 03-0706 | In the Matter of Elena S. Buchholz* and Steven M. Buchholz | ||
| Doreen F Connor Mary M. Howie |
|||
| Family Division at Brentwood Divorce -- child custody; whether GAL's testimony constituted unfair surprise |
|||
| 03-0710 | State of NH | v. | Peter W. Linley* |
| Attorney General | Lisa A. Wellman-Ally |
||
| New London District Court Driving while intoxicated -- sufficiency of evidence |
|||
| 03-0715 | Appeal of Torromeo Trucking Co., Inc.* | ||
| Sumner F. Kalman Thea S. Valvanis Attorney General |
|||
| NH Department of Environmental Services Administrative fines -- terrain and erosion control; whether agency erred in applying principles of collateral estoppel |
|||
| 03-0716 | Ronald Grenier | v. | Kristine Bell-Grenier* and Elizabeth Bell |
| Richard J. Joyal | Edward W. Richards James M. McNamee Jr. Tanya Pardo |
||
| Southern District of Hillsborough County Constructive trust -- sufficiency of evidence; failure to rule on requests for findings and rulings |
|||
| 03-0719 | Alaina Sweeney* | v. | Ragged Mountain Ski Area, Inc. |
| Peter E. Hutchins | Robert E. Murphy Jr. |
||
| Merrimack County Superior Court Negligence -- snow tubing; whether plaintiff who was snow tubing was a "skier" for purposes of RSA chapter 225-A; whether defendant ski area is immune from liability pursuant to RSA chapter 225-A; whether negligent design or construction of snow berm intended to stop snow tubers is an inherent risk of the sport |
|||
| 03-0722 | Appeal of Acadia Insurance Company* | ||
| Raef J. Granger for Charmaine Pescinski Edward F. Patch for Acadia Insurance James .E Owers for CNA Insurance Company |
|||
| NH Compensation Appeals Board Workers' compensation -- whether board erred by reopening issue on remand in violation of remand order; erroneous ruling regarding subsequent legal aggravation; denial of motion to recuse board member |
|||
| 03-0728 | State of NH | v. | Virginia "Ginger" Anthony* |
| Attorney General | Appellate Defender Patricia O’Brien Wiberg |
||
| Strafford Superior Court Accomplice to cruelty to animals --failure to dismiss indictment; denial of defendant's motion for discovery; proper mens rea; sufficiency of evidence; denial of mistrial |
|||
| 03-0734 | George Dunn* | v. | Joyce Rowe |
| Joyce Rowe | v. | George Dunn | |
| Lanea A. Witkus | Joseph S. Hoppock |
||
| Sullivan Superior Court Equitable relief, constructive trust -- whether motion to dismiss was erroneously granted because opposing party did not object; whether action should have been brought in replevin; whether constructive trust was properly pled |
|||
| 03-0746 | Winona Springs Water, Inc.* | v. | Town of New Hampton |
| John F. Bisson John G. Cronin |
Timothy Bates | ||
| Belknap Superior Court Tax sales -- denial of discovery; whether town was unjustly enriched; whether ruling in Thomas Tool Service v. Town of Croydon, 145 N.H. 218 (2000), should be retroactively applied; unconstitutional taking; whether taxpayer and town are tenants in common pursuant to White v. Town of Wolfeboro, 131 N.H. 1 (1988) |
|||
| 03-0755 | Jay C. Edwards | v. | Minato Auto, LLC* |
| Robert A. Shaines | Bernard W. Pelech |
||
| Portsmouth District Court Landlord-tenant, commercial property -- eviction; whether notice to quit stated with specificity the reason for eviction; denial of discretionary stay; whether court set forth basis for its decision as required by RSA 540:13, VI; failure to name necessary party |
|||
| 03-0758 | State of NH | v. | Michael Bell* |
| Attorney General | Appellate Defender Matthew J. Lahey |
||
| Carroll Superior Court Criminal threatening -- sufficiency of evidence |
|||
| 03-0798 | Petition of Judicial Conduct Committee* | ||
| William C. Saturley Attorney General |
|||
| Original jurisdictioALIGN="TOP">Appellate Defender Matthew J. Lahey |
|||
| Carroll Superior Court Criminal threatening -- sufficiency of evidence |
|||
| 03-0798 | Petition of Judicial Conduct Committee* | ||
| William C. Saturley Attorney General |
|||
| Original jurisdiction -- whether creation of judicial conduct commission or statute requiring that all complaints be directed to commission violates NH Constitution; whether Laws 2003, chapter 319 was enacted constitutionally; whether Judicial Conduct Committee or Judicial Conduct Commission, or both, have authority to investigate the conduct of judges after January 1, 2004 | |||
* Docket no. 2003-0535 is consolidated with docket no. 2003-0676
* Docket no. 2003-0669 is consolidated with docket no. 2003-0689