| 02-0409 | State of NH | v. | David Fischer* | |||
| Attorney General | Appellate Defender Sven D. Wiberg |
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| Motion for new trial -- ineffective assistance of counsel; sufficiency of evidence; admission of prior bad acts and inadmissible character evidence | ||||||
| 03-0007 | Catherine Mercado | v. | Daniel Mitchell* | |||
| Catherine Mercado, pro se |
Mr. Daniel Mitchell, pro se |
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| Domestic violence -- sufficiency of evidence | ||||||
| 03-0120 | State of NH | v. | Bruce Woods* | |||
| Attorney General | Appellate Defender James M. Carroll |
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| Simple assault -- sufficiency of the evidence | ||||||
| 03-0156 | In the Matter of Brian Cummings* and Karen Cummings | |||||
| Brian Cummings, pro se Michael E. Gould |
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| Divorce -- numerous issues including consideration of issues that were not identified previously as contested; admission of real estate appraisal; allowing expert to testify who had not been identified in pre-trial conference order; denial of continuance to address late-filed GAL report; whether evidence supports factual findings; whether property division was fair and equitable | ||||||
| 03-0160 | In the Matter of Michael A. Costa and Karen T. Costa* | |||||
| Debra G. Zuk Karen T. Costa, pro se |
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| Post-divorce proceedings -- numerous issues including denial of respondent's request to relocate; failure to apply standards set forth in RSA 458:23-a; whether court erred in awarding custody of child to a person convicted of sexually abusing children; whether witness was qualified to testify as an expert; failure to address child support issues; failure to find petitioner in contempt | ||||||
| 03-0161 | Appeal of Paul J. Robinson* | |||||
| Paul Robinson, pro se George J. Foster and Company, Inc. d/b/a Foster’s Daily Democrat |
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| Unemployment benefits – whether employer had obligation to accommodate employee’s loss of license by approving use of hired driver | ||||||
| 03-0194 | In the Matter of Stephen B. MacKinnon* and Paula R. MacKinnon | |||||
| Joshua L. Gordon for petitioner Cynthia M. Weston for respondent |
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| Post-divorce proceedings -- whether court erred by ordering petitioner to pay college costs; whether petitioner was in contempt | ||||||
| 03-0218 | Victor H. Lushear, Individually and obo Aaron Lushear | v. | Katherine Christopher* | |||
| Victor H. Lushear, pro se |
David C. Wing | |||||
| Domestic violence -- whether minor child residing with defendant is protected by domestic violence statute; sufficiency of the evidence | ||||||
| 03-0219 | Nancy Regis | v. | Great American Insurance Company* | |||
| Gregory D. Robbins James R. Fox Andrew D. Dunn |
Naomi L. Mooney | |||||
| Automobile insurance coverage -- whether policy's definition of "insured motor vehicle" violated RSA 264:15, I; whether uninsured motorist provisions were ambiguous; whether finding of coverage was contrary to intent of the parties; whether prior order on motions for summary judgment should be reinstated | ||||||
| 03-0236 | MariAnne Gutbier | v. | Hannaford Brothers Co.* d/b/a Hooksett Shop 'N Save | |||
| Daniel N. Duckett |
Michael R. Mortimer | |||||
| Petition for discovery -- whether court exceeded its authority to invade privacy of defendant; whether plaintiff can conduct pre-suit discovery when plaintiff already has a plain, adequate and complete remedy at law | ||||||
| 03-0238 | Alfred L. Arcidi, Jr.* | v. | Town of Rye | |||
| E. Tupper Kinder | Michael L. Donovan |
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| Inverse condemnation -- whether grant to town of pumping station easement created a subdivision of land entitling town to use appurtenant easement over plaintiff's property; whether town can convert private easement to a public use without paying compensation; damages; attorney's fees; cross-appeal -- whether easement and right-of-way includes right to install water service line; attorney's fees | ||||||
| 03-0242 | State of NH | v. | Laurent L. L'Heureux* | |||
| Attorney General |
Michael J. Iacopino | |||||
| Driving while intoxicated -- whether defense of competing harms was available to defendant; whether court shifted burden of proof to defendant; sufficiency of evidence | ||||||
| 03-0243 | Jeremy M. Fall Nikola G. Stanciu Kristen Neves |
v. v. v. |
Russell Kennett* Russell Kennett Russell Kennett |
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| Jeremy M. Fall, pro se Nikola G. Stanciu, pro se Kristen Neves, pro se |
Thomas E. Dewhurst, III Glenn A. Perlow Paul W. Mullen |
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| Stalking -- numerous issues including whether respondent's actions constitute stalking; sufficiency of evidence; whether court erred by barring respondent from entering his own real estate, thereby preventing him from fulfilling his duties as landlord | ||||||
| 03-0244 | In the Matter of Ann-Marie Tracy and James Roger Gagnon* | |||||
| David C. Wing for petitioner James B. Hobbs for respondent |
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| Post-divorce proceedings -- failure to follow child support guidelines; whether court erred by ordering respondent to pay petitioner monthly payments for marital debt; whether court disguised alimony as child support | ||||||
| 03-0245 | Sherry Swain* | v. | Employers Mutual Casualty Co. | |||
| Mark D. Morrissette | Debra L. Mayotte |
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| Uninsured motorist coverage -- whether RSA 264:15, I, provides that a person who qualifies as an insured for liability coverage also qualifies as an insured for uninsured motorist coverage; whether insurance policy is ambiguous | ||||||
| 03-0248 | In re Juvenile 2003-0248 |
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| Case is confidential under RSA chapter 169-B | ||||||
| 03-0251 | Matthew G. Alden* | v. | Atlas Advanced Pyrotechnics & a. | |||
| David W. Jordan | James G. Walker |
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| Products liability -- defective fireworks; whether court erred by determining credibility of plaintiff and witness without permitting either to testify; whether plaintiff had duty to produce for deposition a non-party; exclusion of testimony of eyewitness | ||||||
| 03-0254 | State of NH | v. | Lawrence Sleeper* | |||
| Attorney General | Appellate Defender Christine Haydinger Caroline Smith |
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| Aggravated felonious sexual assault, felonious sexual assault -- denial of motion to quash four pattern indictments; denial of motion to sever; failure to reconvene jury in light of jury foreman's comments; failure to disclose documents reviewed by court in camera to defendant | ||||||
| 03-0255 | Appeal of John Thyng* | |||||
| Michael C. Reynolds for SEA-NH Attorney General |
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| Public employment -- termination; whether termination of classified State employee violated due process, or was unreasonable or unlawful | ||||||
| 03-0263 | State of NH | v. | Kurt R. Carpentino* | |||
| Attorney General | Appellate Defender Dawn E. Caradonna |
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| Aggravated felonious sexual assault, simple assault -- denial of mistrial; comments by prosecutor in closing argument upon defendant's failure to testify and to present evidence; comments by prosecutor vouching for witnesses' credibility | ||||||
| 03-0264 | Stateline Steel Erectors, Inc.* | v. | William Shields & a. | |||
| Todd N. Hathaway James C. Wheat Michael B. O'Shaughnessy |
Russell F. Hilliard | |||||
| Negligent provision of insurance services -- grant of summary judgment to defendant where plaintiff's exposure to excess judgment is a recoverable damage; whether defendants can avoid liability by claiming benefit of plaintiff's agreement to assign its claims in exchange for covenant not to sue; failure to apply rule in Dumas v. State Farm, 111 N.H. 43 (1971) | ||||||
| 03-0266 | David Anderson | v. | Paula Smith* | |||
| James M. Cassidy | Edward C. Mosca |
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| Foreclosure -- breach of fiduciary duties; award of attorney's fees; failure to set aside verdict on account of presence of disqualified juror in jury room; due process; limiting defendant's attorney from assisting defendant during new trial; limiting future trial testimony; cross-appeal -- whether court had authority to sua sponte set aside jury verdict absent request for such relief and absent facts demonstrating verdict was against weight of evidence or result of jury partiality | ||||||
| 03-0268 | State of NH | v. | Barry Gallant* | |||
| Attorney General |
Philip N. Desfosses | |||||
| Conspiracy to sell controlled drug -- whether court erred by requiring defendant to decide whether to accept mistrial before deciding if mistrial would be with prejudice; sufficiency of evidence; after giving Wentworth instruction in preliminary instructions, failure to repeat it during final jury instructions | ||||||
| 03-0271 | New England Homes, Inc.* | v. | R.J. Guarnaccia | |||
| J. Kirk Trombley | Michael E. Chubrich |
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| Wage claim -- when commissions on sales of modular homes were earned; whether commission was owed under terms of letter of understanding; whether court erred by automatically awarding liquidated damages | ||||||
| 03-0272 | New England Homes, Inc.* | v. | George Cooley | |||
| J. Kirk Trombley | Michael E. Chubrich |
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| Wage claim -- when commissions on sales of modular homes were earned; whether court erred by automatically awarding liquidated damages; failure of court to consider evidence of volume-based discounts | ||||||
| 03-0273 | State of NH* | v. | Stephen Merriam | |||
| Attorney General | Gabriel N. Nizetic |
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| Simple assault, criminal mischief -- whether warrantless arrest can only be made in the jurisdiction where the crime occurred by the police department in that jurisdiction | ||||||
| 03-0282 | Rosemary (Ogren) Trenholm | v. | Larss Ogren* | |||
| Rosemary Trenholm, pro se |
David A. Horan | |||||
| Stalking -- sufficiency of evidence | ||||||
| 03-0284 | State of NH | v. | Edward Hannon* | |||
| Attorney General |
Appellate Defender Timothy Landry Scott Rankin |
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| Aggravated felonious sexual assault, attempted aggravated felonious sexual assault -- denial of bill of particulars; failure to quash indictments charging defendant with patterns of sexual assault; double jeopardy; sufficiency of evidence of victim's age | ||||||
| 03-0285 | Sugar River Mills Association | v. | Meredith Geary* | |||
| Todd C. Fahey | Bennett B. Mortell |
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| Landlord-tenant -- eviction; whether federal regulations and HUD handbook required landlord to conduct interim recertification of tenant's income when she reported she was not receiving child support; whether landlord demanded greater amount of rent than was owed | ||||||
| 03-0290 | Sanborn Regional School District | v. | The Budget Committee of the Sanborn Regional School District* | |||
| Diane M. Gorrow | Sumner F. Kalman Thea S. Valvanis |
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| Municipal government -- whether vacancy on cooperative school district budget committee established after 1993 pursuant to RSA 32:14 is filled by chairman of school board or by budget committee | ||||||
| 03-0301 | State of NH | v. | Alex Brenes* | |||
| Attorney General | Appellate Defender Peter D. Anderson |
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| Felonious sexual assault -- where defendant did not appear for sentencing following 1991 conviction until 2003, whether destruction of record of trial deprived defendant of right to meaningful appeal; sufficiency of evidence | ||||||
| 03-0303 | City of Manchester School District & a. | v. | City of Manchester* | |||
| Dean B. Eggert | Thomas I. Arnold, III |
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| Municipal government -- whether city could merge school district corporation into the municipal corporation and establish school district as a city department by charter amendment pursuant to RSA chapter 49-B | ||||||
| 03-0306 | State of NH | v. | Carl Graf,* aka Karl H. Graf | |||
| Attorney General | Michael J. Sheehan |
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| Aggravated felonious sexual assault -- sentence; whether court violated defendant's constitutional rights by extending the call forward period of defendant's suspended sentences beyond the time period stated in the original sentences | ||||||
| 03-0307 | State of NH | v. | Shirley Ann Stern* | |||
| Attorney General |
Stephen T. Jeffco | |||||
| Negligent homicide, aggravated driving while intoxicated -- denial of motion to suppress blood tests; whether court violated due process on May 2 by increasing sentence imposed on April 14 | ||||||
| 03-0314 | State of NH | v. | Dwayne Hearns* | |||
| Attorney General |
Appellate Defender Lee E. Topham Tracy Scavarelli |
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| Aggravated felonious sexual assault -- numerous issues including grant of order compelling defendant to produce blood and saliva; denial of motion to suppress; failure to quash indictments; evidentiary issues; prosecutorial misconduct during closing argument; refusal to give requested jury instruction defining "household" | ||||||
| 03-0316 | Stephen S. Oliva | v. | Vermont Mutual Insurance Company* and Mavrone Alt | |||
| Richard C. Follender | Gary M. Burt Ralph N. Suozzo |
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| Homeowner's insurance policy -- whether person was "in the care" of insured where there was no familial relationship and the person was a 20-year-old adult who cared for himself | ||||||
| 03-0324 | State of NH | v. | Anthony DiMatteo* | |||
| Attorney General |
Appellate Defender Janice S. Peterson |
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| Possession of heroin -- whether stop of vehicle by police was supported by reasonable articulable suspicion; whether scope of stop involving lack of inspection sticker exceeded legal authority | ||||||
| 03-0337 | North Country Environmental Services, Inc.* | v. | Town of Bethlehem & a. | |||
| Bryan K. Gould Robert A. Olson |
Brenda N. Keith Edmund J. Boutin |
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| Declaratory relief, site plan, zoning ordinance -- numerous issues including whether RSA chapter 149-M and RSA chapter 125-C preempt municipality from regulating waste disposal facility; whether North Country Environmental Services v. Town of Bethlehem, 146 N.H. 348 (2001), precluded town from litigating issues; whether ordinance regulating landfills falls outside zoning enabling act or ="TOP"> | Bryan K. Gould Robert A. Olson |
Brenda N. Keith Edmund J. Boutin |
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| Declaratory relief, site plan, zoning ordinance -- numerous issues including whether RSA chapter 149-M and RSA chapter 125-C preempt municipality from regulating waste disposal facility; whether North Country Environmental Services v. Town of Bethlehem, 146 N.H. 348 (2001), precluded town from litigating issues; whether ordinance regulating landfills falls outside zoning enabling act or impermissibly infringes constitutional rights; application of height ordinance; attorney's fees; cross-appeal -- whether town may regulate and prohibit landfill gas utilization facility under its zoning ordinance | ||||||
| 03-0389 | Petition of Hillsborough County* | |||||
| Carolyn M. Kirby for Hillsborough County Barry S. Weinstein for Jeffrey Dale |
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| Writ of prohibition -- whether district court has authority to order county to transport prisoner daily to private healthcare facility and order government to pay for methadone treatments | ||||||