| 03-0249 | State of NH | v. | Lewis Clark* | |||
| Attorney General | Appellate Defender Paul J. Bennett |
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| Nashua District Court Simple assault, domestic violence -- failure of court to release bail after defendant pleaded guilty and received a deferred sentence |
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| 03-0321 | Alfred Carbone | v. | Nancy S. Tierney, Esquire* | |||
| Charles E. Dibble | Russell F. Hilliard David P. Slawsky |
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| Merrimack County Superior Court Legal malpractice -- whether court erred in finding attorney to have been negligent as a matter of law; failure of plaintiff to mitigate damages; sufficiency of evidence of damages; shifting of burden of proof; failure to reduce verdict to account for contingent fee plaintiff would have paid; cross-appeal -- failure to apply Massachusetts interest statute; exclusion of evidence concerning room and board benefit to which plaintiff was entitled; whether subsequent order of trial court is null and void due to jurisdiction having transferred to supreme court; whether plaintiff plead or proved interest as an element of damages |
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| 03-0431 | Remington Investments, Inc. | v. | William H. Forbes, Jr., Gary A. Howard* & a. | |||
| Marc W. McDonald | Mark P. Cornell |
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| Hillsborough County Superior Court – North Attachment -- whether court erred by extending term of attachment; effect of bankruptcy discharge |
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| 03-0432 | State of NH | v. | Francis Kepple* | |||
| Attorney General |
Duncan J. MacCallum | |||||
| Rockingham County Superior Court Aggravated felonious sexual assault, endangering the welfare of a child, criminal solicitation -- numerous issues including constitutionality of NH wiretapping and eavesdropping statute; whether State violated statutory procedure in RSA 570-A:8; failure to record grand jury proceedings; limitation on cross-examination of victim; failure to unseal confidential records; limits on closing argument |
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| 03-0451 | 190 Elm Street Realty, LLC | v. | Hanna Camery Beaudoin* | |||
| Richard J. Joyal | Jon H. Levenstein |
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| Manchester District Court Landlord-tenant -- eviction; whether option in lease to extend rental term was unenforceable; statute of frauds; whether notice to quit was sufficient |
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| 03-0453 | State of NH | v. | Denis A. Kennedy* | |||
| Attorney General | Appellate Defender Chris McLaughlin |
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| Cheshire County Superior Court Aggravated felonious sexual assault, felonious sexual assault -- numerous issues including denial of requested voir dire questions; failure to exclude picture of victim when she was 11 years old and evidence of defendant's statements to victim regarding disclosure of the alleged conduct; denial of motions for mistrial; sufficiency of evidence |
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| 03-0454 | White Cliffs at Dover | v. | Elaine Bulman* | |||
| Daniel P. Schwarz | Ronald K. Lospennato |
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| Dover District Court Landlord-tenant -- eviction; whether rebuttable presumption of retaliation applies; whether landlord retaliated against tenant by bringing eviction proceedings; whether landlord made reasonable efforts to accommodate tenant under Fair Housing Act |
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| 03-0455 | State of NH | v. | Lee E. Carpenter* | |||
| Attorney General |
Robert A. Zubkus | |||||
| Strafford County Superior Court Aggravated felonious sexual assault -- limiting cross examination of victim; exclusion of evidence of victim's disruptive behavior and of victim's mother's initial disbelief of victim's account of sexual abuse |
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| 03-0459 | State of NH | v. | Bonnie Bleau* | |||
| Attorney General |
Paul J. Garrity | |||||
| Cheshire County Superior Court Theft -- misuse of power of attorney; sufficiency of evidence |
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| 03-0474 | Appeal of David Curtis* | |||||
| Harold O. Beede Attorney General |
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| NH Department of Safety Registration as sex offender -- whether department of safety erred in determining which NH crime is most analogous to Massachusetts crime of which petitioner was convicted |
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| 03-0476 | State of NH | v. | Steven A. Smalley* | |||
| Attorney General |
Appellate Defender Joseph C. Malfitani |
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| Rockingham County Superior Court Possession of crack cocaine -- denial of motion to suppress; denial of right to speedy trial; denial of motion for mistrial |
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| 03-0479 | Appeal of Shaw's Supermarkets* | |||||
| Leslie H. Johnson for Robert E. Carr Eric P. Bernard for Shaw’s Supermarkets |
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| NH Compensation Appeals Board Workers' compensation -- whether claimant had a work capacity; whether pre-existing medical problems were more disabling than work-related injury; failure to place claimant on diminished earning capacity rate; failure to apply Appeal of Hiscoe, 147 N.H. 223 (2001), analysis; cross-appeal -- whether claimant's low back condition was causally related to work; whether board erred by discounting opinions of claimant's treating medical professionals |
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| 03-0480 | Stone Edge Design, Inc. | v. | Kathleen Thomas, Trustee* & a. | |||
| Robert M. Shepard | Kenneth A. Cossingham |
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| Salem District Court Breach of contract, negligence -- installation of pool decking; whether evidence supports award of damages; whether new trial should be held on damages |
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| 03-0484 | Town of Merrimack and Betty J. Spence | v. | David W. McCray | |||
| Charles G. Douglas, III Edmund J. Boutin Norman Carr,*intervenor Steven A. Bolton |
Morgan A. Hollis David M. Gottesman |
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| Hillsborough County Superior Court – South Injunction -- whether court erred by closing case when intervenor did not agree to docket markings; denial of motion to clarify |
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| 03-0485 | GGP Steeplegate, Inc.* | v. | City of Concord | |||
| Anthony M. Ambriano | Paul F. Cavanaugh |
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| Merrimack County Superior Court Property tax abatement -- numerous issues including whether court erred by dismissing case for failure to state with specificity in abatement application the reasons for the abatement; sufficiency of evidence |
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| 03-0491 | Raymond Nicol and Michele Fitzgerald | v. | Town of Newton* | |||
| Thomas J. Donovan Rachel A. Hampe |
Robert M. Derosier Charles F. Tucker William G. Scott |
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| Rockingham County Superior Court Nuisance -- numerous issues including whether nuisance based on use of trail by motorized vehicles was permanent nuisance; failure to mitigage damages; whether jury verdict was based on sympathy; failure to remit damages; whether defendant is immune from liability by statute; cross-appeal -- whether town owns abandoned railroad bed in fee simple |
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| 03-0493 | Michael Bocca* & a. | v. | City of Portsmouth & a. | |||
| Thomas M. Keane | Robert P. Sullivan Raymond A. Ramsey, intervenor Charles A. Griffin |
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| Rockingham County Superior Court Municipal regulation -- variance; failure of superior court to apply hardship test as defined in Simplex Technologies v. Town of Newington, 145 N.H. 727 (2001) |
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| 03-0503 | State of NH* | v. | Michael B. Brobst | |||
| Stephen Fuller Susan P. McGinnis |
Appellate Defender J. Lizette Richards |
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| Hillsborough County Superior Court – South Harassment -- whether RSA 644:4, I(a) is unconstitutionally overbroad |
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| 03-0507 | Gail Devoid,* Trustee Page Pond Trust | v. | Town of Boscawen | |||
| K. William Clauson | James F. Raymond |
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| Merrimack County Superior Court Municipal regulation -- special exception, cluster subdivision; numerous issues including whether special exception was erroneously granted; failure of applicant to address water problems on site; whether submitted plat satisfies plat requirements of zoning ordinance; whether evidence supports findings; whether zoning board on remand wrongly believed it would be held in contempt if it did not approve intervenors' plat |
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| 03-0508 | State of NH | v. | Michael J. Smith* | |||
| Attorney General |
Richard J. Lehmann Erland McLetchie |
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| Northern Carroll County District Court DWI -- denial of motion to suppress evidence obtained subsequent to arrest, where police officer lacked jurisdiction to stop defendant; sufficiency of the evidence |
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| 03-0509 | Appeal of Town of Seabrook* | |||||
| Robert D. Ciandella for Town of Seabrook Robert M. Derosier for Town of Seabrook Michael C. Reynolds for Seabrook Employees Association Attorney General |
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| NH Public Employee Labor Relations Board Public employee labor relations -- whether board erred by ordering town to hold grievance reviews for all backlogged cases during business hours; whether union committed unfair labor practice by attempting to force town to arbitrate time when selectmen would meet to hear grievances |
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| 03-0510 | Barbara M. Hodgkins* | v. | J. Herio Almonor | |||
| Daniel C. Finbury | Dennis T. Ducharme |
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| Salem District Court Negligence -- whether plaintiff is entitled to voluntary nonsuit of district court action in order to refile her action in superior court, where it would not be subject to district court's $25,000 jurisdictional limit; interlocutory appeal from ruling |
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| 03-0512 | State of NH | v. | Joseph E. King* | |||
| Attorney General |
Peter D. Anderson George T. Campbell, III |
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| Cheshire County Superior Court Aggravated felonious sexual assault -- sufficiency of evidence; failure of court after in camera review to order disclosure of investigating officer's personnel files |
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| 03-0514 | In the Matter of Denise Angley-Cook and John W. Cook* | |||||
| Katherine B. Stearns for petitioner Catherine A. Feeney for respondent |
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| Sullivan County Superior Court Post-divorce proceedings -- child support; whether court has authority to consider social security retirement dependent benefits in determining child support; failure to adjust child support by a credit against social security paid to obligee on behalf of child resulting from obligor's retirement |
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| 03-0521 | Kerri Martin* & a. | v. | Continental Insurance Company & a. | |||
| Jeffrey B. Osburn Gordon A. Rehnborg Jr. Mary A. Dempsey |
Andrew A. Prolman | |||||
| Rockingham County Superior Court Commercial general liability insurance coverage -- whether court erred in concluding that Cornelius Donnelly was not an employee of the insured |
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| 03-0525 | In re Juvenile 2003-0525 |
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| Case is confidential under RSA chapter 169-B | ||||||
| 03-0531 | In the Matter of Dianne H. Whitney* and Michael J. Whitney | |||||
| Arthur W. Perkins for petitioner Larry S. Kane for respondent |
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| Merrimack County Superior Court Post-divorce proceedings -- numerous issues including failure to consider purpose of Texas Adoption Subsidy Agreement in setting child support amount; failure to deviate from support guidelines |
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| 03-0533 | James D. Pedersen | v. | Marcia A. Brook* | |||
| Theodore H. Parent | Michael P. Bentley |
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| Cheshire County Probate Court Partition of realty -- failure of probate court | James D. Pedersen | v. | Marcia A. Brook* | |||
| Theodore H. Parent | Michael P. Bentley |
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| Cheshire County Probate Court Partition of realty -- failure of probate court to consider legal import of warranty deed transferring title to premises to the parties jointly; estoppel by deed; whether parties were joint tenants, each owning an undivided half interest; whether court deprived defendant of benefit of a completed gift made to her |
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