New Hampshire Supreme Court Decisions 2014
Date: December 30, 2014
Docket Number: 2014-0024
Justia Opinion Summary: Plaintiffs George Maroun, Sr. and Edith Maroun filed a petition seeking to enjoin defendant Deutsche Bank National Trust Company from foreclosing on property owned by Mrs. Maroun. The Superior Court denied plaintiffs’…
Date: December 19, 2014
Docket Number: 2013-0612
Justia Opinion Summary: The respondents, Shared Towers VA, LLC and NH Note Investment, LLC, appealed, and petitioner Joseph Turner, individually and as trustee of the Routes 3 and 25 Nominee Trust, cross-appealed, Superior Court orders after a…
Date: December 19, 2014
Docket Number: 2013-081
Justia Opinion Summary: In 1973, defendant was convicted of murdering Susan Randall. At the time of the murder, the police obtained fingernail clippings from Randall. Between 2000 and 2008, by various motions to the trial court, defendant…
Date: December 19, 2014
Docket Number: 2014-0189
Justia Opinion Summary: Petitioner Robert Gunderson was a New Hampshire resident who worked as a self-described "export buyer’s agent:" he purchased specific motor vehicles from retail dealers across the country and exported them to buyers in…
Date: December 10, 2014
Docket Number: 2012-0701
Justia Opinion Summary: Defendant Charles Glenn, Jr. appealed his convictions by a jury of second degree murder, criminal threatening, attempted armed robbery, falsifying physical evidence, and unlawful possession of a deadly weapon. On appeal,…
Date: December 10, 2014
Docket Number: 2013-037
Justia Opinion Summary: Petitioners K.L.N. Construction Company, Inc., Cormier & Saurman, LLC, and Brian Soucy, and the intervenor, Gerald Gagnon Sr. (collectively, petitioners), appealed a Superior Court order dismissing their petition for…
Date: December 10, 2014
Docket Number: 2013-0669
Justia Opinion Summary: The State appealed a Superior Court ruling that legislative changes increasing the contribution rates paid by members of the New Hampshire Retirement System violated the Contract Clauses of the New Hampshire and United…
Date: November 25, 2014
Docket Number: 2013-0737
Justia Opinion Summary: Defendant Shawn Carter filed an interlocutory appeal to the Supreme Court because the Superior Court denied his motion for pre-indictment discovery on the ground that the statutory authority (RSA 604:1-a (2001)),…
Date: November 21, 2014
Docket Number: 2013-0569
Justia Opinion Summary: Petitioners Susan and Peter White appealed a superior court order denying their petition for a declaratory judgment that respondent Charles Matthews was covered under a homeowner's insurance policy issues to his mother…
Date: November 13, 2014
Docket Number: 2013-0400
Justia Opinion Summary: Intervenors Scott Kukesh, Eric Kulberg, Jeremiah Murphy, and Gregory Turner, appealed a superior court order granting summary judgment in favor of petitioner Amica Mutual Insurance Company. Amica filed a declaratory…
Date: November 13, 2014
Docket Number: 2013-0506
Justia Opinion Summary: Petitioners the Strafford County Sheriff's Office and the Strafford County Board of Commissioners (collectively, the county), appealed an order of the New Hampshire Public Employee Labor Relations Board (PELRB), which…
Date: November 13, 2014
Docket Number: 2013-0649
Justia Opinion Summary: At the time of her death, decedent Muriel Mills she owned property in Manchester. She had granted a "home equity conversion mortgage" on the property to Financial Freedom Senior Funding Corporation. The mortgage deed was…
Date: November 13, 2014
Docket Number: 2013-0680
Justia Opinion Summary: Petitioners Daryl and Marcy Dembiec appealed a superior court order dismissing their petition for equitable relief. In October 2011, petitioners obtained a permit from the respondent, the Town of Holderness to construct…
Date: November 13, 2014
Docket Numbers: 2013-0780, 2013-0779
Justia Opinion Summary: In consolidated appeals, employer-petitioner Ichiban Japanese Steakhouse, Inc. appealed superior court orders upholding the determinations of the state Department of Labor (DOL) that employees-respondents Kymberly…
Date: November 13, 2014
Docket Number: 2013-0825
Justia Opinion Summary: This case came before the New Hampshire Supreme Court as a certified question from the First Circuit Court of Appeals: under sections 500-A:7-a(V) and 651:5 of the New Hampshire Revised Statutes and the undisputed facts…
Date: November 7, 2014
Docket Number: 2013-0781
Justia Opinion Summary: Petitioner Ismail Yaman, a Turkish citizen, and respondent Linda Yaman, a United States citizen, were married in Turkey in August 2000, and respondent became a Turkish citizen in October 2000. Their first child, K.Y.,…
Date: November 7, 2014
Docket Number: 2014-0308
Justia Opinion Summary: Respondent-father G. B., II appealed a Circuit Court order terminating his parental rights over his son, G. B., III. In September 2008, the father was arrested after making arrangements with an undercover state trooper…
Date: November 6, 2014
Docket Number: 2012-0440
Justia Opinion Summary: Plaintiff James Conrad appealed a Superior Court order granting the defendants’ motion for a directed verdict on grounds that they were entitled to sovereign, official, and qualified immunity. Plaintiff sued both…
Date: October 28, 2014
Docket Number: 2013-069
Justia Opinion Summary: Petitioner Professional Fire Fighters of Hudson, IAFF Local 3154 (Union), appealed a New Hampshire Public Employee Labor Relations Board (PELRB) decision that found respondent Town of Hudson (Town), did not commit an…
Date: October 24, 2014
Docket Number: 2013-0064
Justia Opinion Summary: Plaintiff J. Albert Lynch, Trustee of FIN-LYN Trust, appealed a superior court order granting a motion to dismiss his action seeking to enforce restrictive covenants contained in a deed between the Trustee and the Town…
Date: October 24, 2014
Docket Number: 2013-0348
Justia Opinion Summary: The respondents in this case were fourteen non-residents who were named in a petition filed by the New Hampshire Bank Commissioner, as liquidator for Noble Trust Company (Noble) and Aegean Scotia Holdings, LLC (Aegean…
Date: October 24, 2014
Docket Number: 2013-0426
Justia Opinion Summary: Defendant Richard Paul was convicted by jury on three counts of the sale of an ounce or more of marijuana, one count of possession with intent to distribute an ounce or more of marijuana, and one count of the sale of a…
Date: October 17, 2014
Docket Number: 2013-0343
Justia Opinion Summary: Petitioner Susan Spenard appealed the final circuit court orders in her divorce from respondent David Spenard. She argued that the trial court erred by: (1) imputing income to her of $4,000 per month for purposes of…
Date: October 17, 2014
Docket Number: 2013-0512
Justia Opinion Summary: Defendant Kevin Rawnsley was convicted by jury of robbery. On appeal, he argued that the Superior Court erred when it failed to strike certain testimony by defendant's ex-wife. Finding no reversible error, the Supreme…
Date: October 15, 2014
Docket Number: 2013-0079
Justia Opinion Summary: Defendant Myles Webster appealed his conviction by a jury of attempted murder, armed robbery, reckless conduct, and resisting arrest. On appeal, he argued the Superior Court erred by denying his motions to suppress…
Date: October 15, 2014
Docket Number: 2013-0469
Justia Opinion Summary: In September 2010, the New Hampshire Attorney General’s Office received information regarding polling telephone calls made to New Hampshire residents that were described as containing negative content about United States…
Date: September 30, 2014
Docket Number: 2013-0452
Justia Opinion Summary: Petitioner Mahindra & Mahindra, Ltd. Appealed a superior court decision to affirm a default judgment by the New Hampshire Motor Vehicle Industry Board in favor of respondents Holloway Motor Cars of Manchester, LLC,…
Date: September 30, 2014
Docket Number: 2013-0620
Justia Opinion Summary: Petitioner Scott Anderson appealed a superior court order granting summary judgment to respondents, the Executive Director of the New Hampshire Retirement System (NHRS) and the State, and denying summary judgment to…
Date: September 30, 2014
Docket Number: 2013-0760
Justia Opinion Summary: The New Hampshire Department of Administrative Services appealed a superior court order granting the cross-motion for summary judgment filed by petitioner William Bovaird, and denying the Department's motion. The New…
Date: September 30, 2014
Docket Number: 2014-0023
Justia Opinion Summary: Respondents, Larry M. and Sonia M. appealed a Circuit Court order terminating their parental rights over their children, A.M. and C.M. On appeal, Larry argued that the trial court erred by: (1) proceeding with the…
Date: September 12, 2014
Docket Number: 2013-0071
Justia Opinion Summary: A jury convicted defendant Paul Costella on two counts of criminal threatening, and one count of disorderly conduct. Defendant brought his car to Wal-Mart for an oil change. Jane Sylvestre, an employee in the automobile…
Date: September 12, 2014
Docket Number: 2013-0136
Justia Opinion Summary: Defendant James Perry was indicted on one count of attempted kidnapping and one count of criminal restraint arising out of a single course of conduct in late 2011. A jury convicted defendant on both counts, but, because…
Date: September 12, 2014
Docket Number: 2013-0434
Justia Opinion Summary: Petitioner Gregory Malisos appealed a New Hampshire Retirement System board of trustees ruling that his legally separated spouse did not qualify for the medical subsidy benefit set forth in RSA 100-A:52, I (2013). The…
Date: September 12, 2014
Docket Number: 2013-0497
Justia Opinion Summary: The Hillsborough County Nursing Home appealed the New Hampshire Public Employee Labor Relations Board's (PELRB) decision finding that the County committed an unfair labor practice by refusing to participate in the…
Date: September 12, 2014
Docket Number: 2013-0652
Justia Opinion Summary: Respondents Susan and Joseph Traina appealed a Superior Court order which ruled in favor of the petitioners, Ralph and Ruth Gallo, on their petition to quiet title to land that the Gallos used to access their home on…
Date: September 9, 2014
Docket Number: 2013-0009
Justia Opinion Summary: After a jury trial in Superior Court defendant, Timothy McKenna was convicted of six counts of aggravated felonious sexual assault. Before trial, defendant moved to suppress his statements to the police on the ground…
Date: August 29, 2014
Docket Number: 2013-0221
Justia Opinion Summary: Respondent, the City of Concord (City) appealed a superior court decision granting summary judgment in favor of petitioner Northern New England Telephone Operations, LLC d/b/a FairPoint Communications - NNE (FairPoint),…
Date: August 29, 2014
Docket Number: 2013-0566
Justia Opinion Summary: The respondents were convicted of first degree murder for offenses committed when they were seventeen years old. Accordingly, they each received a statutorily-mandated sentence of life imprisonment without the…
Date: August 28, 2014
Docket Number: 2013-0357
Justia Opinion Summary: Respondent City of Manchester appealed a Superior Court order denying the City’s motion to dismiss and granting the motion for summary judgment filed by the petitioner, Prolerized New England Company (Prolerized). The…
Date: August 28, 2014
Docket Number: 2013-0594
Justia Opinion Summary: Petitioner Wayne Kassotis appealed a Superior Court decision dismissing his complaint, arising from the nonrenewal of his employment contract to remain as the Town of Fitzwilliam's Chief of Police. Petitioner filed a…
Date: August 28, 2014
Docket Number: 2013-0455
Justia Opinion Summary: Before the Supreme Court in this case was appeal and cross-appeal of a Superior Court's order ruling in favor of the petitioners, eight individual New Hampshire residents and taxpayers and LRS Technology Services, LLC…
Date: August 22, 2014
Docket Number: 2012-0749
Justia Opinion Summary: In 1993, John Houlahan and his wife, Theresa, established the "Theresa M. Houlahan Revocable Trust of 1993" containing the marital home. John was named successor trustee of, and granted certain powers over, the Theresa…
Date: August 22, 2014
Docket Number: 2012-0914
Justia Opinion Summary: Plaintiff Autofair 1477, L.P. (d/b/a Autofair Honda) appealed a Superior Court order denying its motion for summary judgment and granting summary judgment to defendant, American Honda Motor Company, Inc. (AHM), on…
Date: August 22, 2014
Docket Number: 2013-0199
Justia Opinion Summary: The parties married in 1988. In 2010, petitioner Cheryl Serodio filed for divorce. In October 2011, respondent Arthur Perkins moved to have a prenuptial agreement enforced. The copy of the agreement accompanying…
Date: August 22, 2014
Docket Number: 2013-0424
Justia Opinion Summary: Defendant Thomas Bulcroft was charged with kidnapping and rape. The trial court accepted his plea of not guilty by reason of insanity and committed him to New Hampshire Hospital for life, unless or until earlier…
Date: August 13, 2014
Docket Number: 2013-0171
Justia Opinion Summary: The parties were divorced in 2004 and had a son, who was fourteen years old at the time of the hearing on petitioner's motion to modify child support. As part of the property settlement in the parties' divorce,…
Date: August 13, 2014
Docket Number: 2013-0381
Justia Opinion Summary: In 2008, defendants K. William Clauson and the law firm of Clauson, Atwood & Spaneas, represented plaintiff James Yager in an action against D.H. Hardwick & Sons, Inc. (Hardwick), which alleged that Hardwick was the…
Date: August 8, 2014
Docket Number: 2012-0754
Justia Opinion Summary: Petitioner Eddie Nash & Sons, Inc. appealed a circuit court order ruling that respondent the Estate of Jack Michael Bergquist (the estate), owed petitioner $544.21, and excluding the petitioner's claim for post-judgment…
Date: August 8, 2014
Docket Number: 2012-0781
Justia Opinion Summary: Defendants Catherine Bailey, Rhylan Bruss, Benjamin DiZoglio, Elizabeth Edwards, Elizabeth Grunewald, Charlene Higgins, William Hopkins, Michael Joseph, Brian Kelly, Matthew Lawrence, Keith Martin, Christian Pannapacker,…
Date: August 8, 2014
Docket Number: 2013-0398
Justia Opinion Summary: Appellant Kerry McCarty, as executrix of the Estate of Ruth C. McCarty, appealed a circuit court order denying her motion to dismiss the claim of the New Hampshire Department of Health and Human Services (DHHS) for…
Date: August 8, 2014
Docket Number: 2013-0406
Justia Opinion Summary: Petitioner David Eskeland began work at the New Hampshire Department of Fish and Game in 1990 and, accordingly, became a mandatory member of the New Hampshire Retirement System (NHRS). On October 1, 2010, he retired from…
Date: August 6, 2014
Docket Number: 2013-0086
Justia Opinion Summary: Following his conviction on four counts of sale of a narcotic drug and the Supreme Court's affirmance of his conviction on appeal, defendant Sean Brown filed a motion for new trial in superior court alleging ineffective…
Date: August 6, 2014
Docket Number: 2015-0291
Justia Opinion Summary: Plaintiff Trinity EMS, Inc. appealed a circuit court order dismissing its collection action against defendant Timothy Coombs. Plaintiff obtained a default judgment against defendant in 2003. Defendant made some payments,…
Date: August 6, 2014
Docket Number: 2014-0309
Justia Opinion Summary: Defendant Matthew Tsopas faced multiple felony and misdemeanor charges arising out of a single alleged drunk driving incident. The district division set bail initially at $250,000 cash with conditions, but subsequently…
Date: July 16, 2014
Docket Number: 2012-0750
Justia Opinion Summary: Petitioner Old Dutch Mustard Co., Inc. appealed a New Hampshire Waste Management Council (Council) decision upholding a determination by the New Hampshire Department of Environmental Services (DES) to grant a permit to…
Date: July 11, 2014
Docket Number: 2013-0192
Justia Opinion Summary: Respondent R. Eric Bloomfield, DVM, appealed a decision of the New Hampshire Board of Veterinary Medicine which reprimanded respondent based upon its findings that he failed to do a physical examination of a puppy prior…
Date: July 11, 2014
Docket Number: 2013-0251
Justia Opinion Summary: Defendant Heidi Brouillette was charged with one count each of: burglary, second degree assault, and criminal mischief. At the time of her arraignment, defendant applied for appointed counsel. Based upon her financial…
Date: July 11, 2014
Docket Number: 2013-0317
Justia Opinion Summary: The Town of Charlestown appealed a decision of the New Hampshire Board of Tax and Land Appeals (BTLA) dismissing its petition for reclassification of current use parcels owned by taxpayer TransCanada Hydro Northeast,…
Date: July 8, 2014
Docket Number: 2013-0182
Justia Opinion Summary: Defendant Stephen Socci appealed a superior court order that denied his motion to suppress evidence that lead to his convictions for manufacturing a controlled drug (marijuana) and possession of a controlled drug with…
Date: July 8, 2014
Docket Numbers: 2013-040, 2013-044, 2013-059, 2013-066
Date: July 2, 2014
Docket Number: 2013-0354
Justia Opinion Summary: Petitioners Thomas and Margaret Ettinger, and Ettinger Family Holdings, Inc., appealed a Superior Court order denying their summary judgment motion and granting summary judgment to respondents Pomeroy Limited Partnership…
Date: July 2, 2014
Docket Numbers: 2013-0403, 2013-0445, 2013-0593
Justia Opinion Summary: Appellant Susan B. and appellee Melissa D. became romantically involved in 1997 and "considered [them]selves to be as fully committed to one another as any married couple." Melissa took Susan's last name as her own (at…
Date: June 24, 2014
Docket Number: 2012-0696
Justia Opinion Summary: Husband Marcus Hampers and Wife Kristin Hampers challenged a post-divorce circuit court on the husband’s motion to modify his child support and alimony obligations and on the wife’s petition for contempt. The husband…
Date: June 20, 2014
Docket Number: 2012-0581
Justia Opinion Summary: Defendant William Gaudet appealed his convictions on one count of felonious sexual assault, two counts of misdemeanor sexual assault, one count of attempted aggravated felonious sexual assault, and one count of attempted…
Date: June 20, 2014
Docket Number: 2012-0817
Justia Opinion Summary: Defendant Stephen Stangle was convicted by jury on one count of theft by deception. On appeal, he argued that the trial court erred in admitting a surveillance video without proper authentication. Finding no reversible…
Date: June 20, 2014
Docket Number: 2012-0926
Justia Opinion Summary: In the summer of 2008, defendant Eli and Bessie Cohen Foundation, doing business as Cohen Camps, hired Michael Feld to serve as a counselor at Camp Tel Noar on Sunset Lake in Hampstead, as it had done the previous…
Date: June 18, 2014
Docket Number: 2012-0724
Justia Opinion Summary: This case involved a petition for injunctive and declaratory relief brought by plaintiffs Harbor Homes, Inc. and Gary Dube, Thomas Taylor, Cynthia Washington, and Arthur Furber against defendants the New Hampshire…
Date: June 18, 2014
Docket Number: 2013-0206
Justia Opinion Summary: Plaintiff Kenneth England appealed a Superior Court order that dismissed his negligence action against defendant Maria Brianas. For several months in 2009, defendant and Allen Bryson had an intimate relationship, which…
Date: June 18, 2014
Docket Number: 2013-0258
Justia Opinion Summary: Plaintiff, Diana Martinez (formerly Camire), appealed a Superior Court order granting summary judgment in favor of defendant The Gunstock Area Commission, on claims for damages for negligence and recklessness. Plaintiff,…
Date: June 18, 2014
Docket Number: 2013-0504
Justia Opinion Summary: Petitioner, the Coos County Commissioners (collectively CCC), on behalf of the unincorporated places of Dixville and Millsfield, appealed a New Hampshire Board of Tax and Land Appeals (BTLA) decision which denied the…
Date: June 13, 2014
Docket Number: 2013-0035
Justia Opinion Summary: Effective July 1, 2009, the New Hampshire Legislature imposed a ten percent tax on gambling winnings (Gambling Winnings Tax). The Gambling Winnings Tax was repealed effective May 23, 2011. The repeal was not retroactive,…
Date: June 13, 2014
Docket Number: 2013-0058
Justia Opinion Summary: Defendant Jamie Locke appealed her conviction by jury for second degree assault. She argued on appeal that because in her first trial the jury acquitted her of first degree assault, retrying her for second degree assault…
Date: June 13, 2014
Docket Number: 2013-0359
Justia Opinion Summary: Respondent, Cory Lounder appealed a superior court order denying his petition to modify child support. He argued that the trial court erred by concluding that his incarcerated status made him ineligible for a reduction…
Date: May 30, 2014
Docket Number: 2013-0401
Justia Opinion Summary: Respondent-wife Kimberly Lyon (now McConnell) appealed a circuit court order granting summary judgment to petitioner-husband John Lyon, and denying her petition to bring forward and modify alimony. On appeal, she argued…
Date: May 22, 2014
Docket Number: 2012-0561
Justia Opinion Summary: Defendant Barion Perry appealed after a jury convicted him of theft and burglary. He argued that the superior court erred in denying the indictments against him on double jeopardy grounds. Detectives interviewed…
Date: May 22, 2014
Docket Number: 2012-0828
Justia Opinion Summary: Petitioner New Hampshire Right to Life (NHRTL) appealed the New Hampshire Board of Pharmacy’s decision that NHRTL did not have standing to participate in administrative actions involving the renewal of Planned Parenthood…
Date: May 16, 2014
Docket Number: 2012-0443
Justia Opinion Summary: Defendant Eugene Roe appealed circuit court decision awarding plaintiffs Leigh Mae Friedline and Zebadiah Kellogg-Roe a writ of possession. In 1959, the defendant purchased property in Greenville. In 1971, he conveyed…
Date: May 16, 2014
Docket Number: 2012-0674
Justia Opinion Summary: In 2010, defendant’s ex-wife complained to the Hampstead Police Department that, while using defendant’s computer, she clicked on the browsing history and found disturbing links to websites that potentially contained…
Date: May 16, 2014
Docket Number: 2012-0716
Justia Opinion Summary: Defendant Bryan Maga appealed his conviction for driving with an alcohol concentration of .02 or higher, while he was under the age of twenty-one (DUI). On appeal, he argued that the circuit court erred when it: (1)…
Date: May 16, 2014
Docket Number: 2012-0827
Justia Opinion Summary: Following a jury trial, defendant Theadore Mitchell, was convicted of one count of aggravated felonious sexual assault, and two class A misdemeanor counts of violation of a protective order. He appealed, arguing that the…
Date: May 8, 2014
Docket Number: 2013-075
Justia Opinion Summary: Following a jury trial, defendant Thomas Jur, was convicted of operating a motor vehicle while certified as a habitual offender. On appeal, he argued that the Superior Court erred by denying his pretrial request for an…
Date: May 8, 2014
Docket Number: 2013-230
Justia Opinion Summary: Following a two-day trial, a jury determined that defendant Daniel Brazas, was not legally at fault for the injuries sustained by plaintiff Tamara Dukette when she slipped and fell on ice at her apartment, which was…
Date: May 8, 2014
Docket Number: 2013-313
Justia Opinion Summary: The New Hampshire Department of Employment Security (DES) Appellate Board (board) appealed a decision that respondent Norman Coulombe was an employee of petitioner, Niadni, Inc. (d/b/a Indian Head Resort Motel) who was…
Date: May 7, 2014
Docket Number: 2012-624
Justia Opinion Summary: Petitioner David Montenegro appealed a superior court order dismissing his petition for injunctive relief seeking to compel the New Hampshire Division of Motor Vehicles (DMV), to issue him a personalized vanity motor…
Date: May 7, 2014
Docket Number: 2012-798
Justia Opinion Summary: The Town of North Hampton appealed the New Hampshire Public Employee Labor Relations Board's (PELRB) finding that the Town engaged in unfair labor practices in dealing with respondent North Hampton Professional Fire…
Date: April 18, 2014
Docket Number: 2012-873
Justia Opinion Summary: Respondent, the father of G.G., appealed a superior court order which, after de novo review, upheld a finding by the 10th Circuit Court – Portsmouth Family Division that the respondent had abused and neglected G.G.…
Date: April 18, 2014
Docket Number: 2013-253
Justia Opinion Summary: Respondent Town of Brookline appealed a decision of the New Hampshire Public Employee Labor Relations Board (PELRB), based upon stipulated facts and exhibits, which found that the Town engaged in an unfair labor practice…
Date: April 18, 2014
Docket Number: 2013-266
Justia Opinion Summary: Defendant Gregory Collins appealed a superior court order that denied his motion for a new trial on three counts of pattern aggravated felonious sexual assault (AFSA), four counts of AFSA by individual acts, and one…
Date: April 15, 2014
Docket Number: 2012-475
Justia Opinion Summary: Defendant Hillman Blesdell-Moore appealed his convictions for possession with intent to distribute marijuana and psilocybin (mushrooms), arguing that the Superior Court erred in denying his motions to suppress evidence…
Date: April 11, 2014
Docket Number: 2013-184
Justia Opinion Summary: The United States District Court for the District of New Hampshire certified a question to the New Hampshire Supreme Court: Whether RSA 507-B:2 and RSA 507-B:5 were constitutional under Part I, Article 14 of the New…
Date: April 4, 2014
Docket Number: 2012-045
Justia Opinion Summary: Defendant david Pyles was convicted by jury on three counts of aggravated felonious sexual assault. On appeal, he argued the trial court erred in denying his motion to suppress statements allegedly obtained in violation…
Date: March 20, 2014
Docket Number: 2012-268
Justia Opinion Summary: Defendant Dennis Sulloway appealed his conviction by jury of pattern aggravated felonious sexual assault. On appeal, defendant argued the trial court erred in admitting the testimony of the thirteen-year-old victim's…
Date: March 14, 2014
Docket Number: 2012-902
Justia Opinion Summary: Plaintiff Kenneth Lahm appealed a superior court order that granted summary judgment to defendants, Detective Michael Farrington and the Town of Tilton. Plaintiff sued defendants for negligence. Farrington interviewed an…
Date: March 7, 2014
Docket Number: 2008-945
Justia Opinion Summary: Defendant Michael Addison moved to disqualify the New Hampshire Attorney General’s Office from further participation in his case, and moved for the appointment of a special prosecutor. Defendant was convicted of capital…
Date: March 7, 2014
Docket Number: 2012-078
Justia Opinion Summary: Defendant Tariq Zubhuza was convicted by jury of criminal restraint, and criminal threatening with a firearm all connected with his involvement with a home invasion. He argued on appeal to the Supreme Court that the…
Date: March 7, 2014
Docket Number: 2012-372
Justia Opinion Summary: Plaintiff Lucien Vincent appealed a Circuit Court's judgment in favor of defendant Davina MacLean on his small claim complaint against her. In late January 2012, while incarcerated at the New Hampshire State Prison,…
Date: March 7, 2014
Docket Number: 2013-043
Justia Opinion Summary: Plaintiff William O'Brien appealed a Superior Court order that granted summary judgment in favor of the New Hampshire Democratic Party and Raymond Buckley, Chairman of the New Hampshire Democratic Party, and denied…
Date: February 21, 2014
Docket Number: 2012-056
Justia Opinion Summary: Defendant Osahenrumwen Ojo appealed after a jury convicted him of theft by deception in Superior Court. The conviction followed a previous jury trial for a related charge, which ended in a mistrial based upon a hung…
Date: February 21, 2014
Docket Number: 2012-085
Justia Opinion Summary: Respondent Hellen Couture appealed a probate court decision to grant petitioner Thomas Couture's petition to impose a constructive trust for the benefit of the decedent's heirs over certain life insurance proceeds paid…
Date: February 13, 2014
Docket Number: 2012-441
Justia Opinion Summary: Defendant Adam Wells was indicted on four counts of aggravated felonious sexual assault and one count of felonious sexual assault against his minor daughter. The trial court granted defendant’s motion to dismiss one of…
Date: February 13, 2014
Docket Number: 2012-623
Justia Opinion Summary: Appellant, Century Indemnity Company (CIC) appealed a Superior Court order that granted Respondent Roger Sevigny, Commissioner of Insurance and Liquidator of the Home Insurance Company (Home) an award of statutory…
Date: February 11, 2014
Docket Number: 2012-572
Justia Opinion Summary: Defendant Chad Belleville appealed his conviction for second degree assault. He argued that the State presented insufficient evidence at trial to support his conviction. Finding the evidence sufficient to support his…
Date: February 11, 2014
Docket Number: 2012-644
Justia Opinion Summary: Defendant Adam Mueller was convicted by jury on three counts of felony wiretapping. On appeal, he argued that the superior court erred in instructing the jury that a violation of the felony wiretapping statute required a…
Date: February 7, 2014
Docket Number: 2012-920
Justia Opinion Summary: Juvenile Trevor G. was arraigned on a delinquency petition alleging he had endangered the welfare of a minor. He moved to dismiss the petition because none of the State's witnesses against him were present, and therefore…
Date: January 28, 2014
Docket Number: 2012-313
Justia Opinion Summary: Defendant John Smith, appealed the sentence he received after being convicted by jury of receipt of stolen property. He argued on appeal to the Supreme Court that the trial court committed plain error by imposing a…
Date: January 28, 2014
Docket Number: 2012-323
Justia Opinion Summary: Defendant William Ramsey appealed his convictions on second degree assault, reckless conduct with a deadly weapon and criminal threatening. On appeal to the Supreme Court, he argued the trial court erred by : (1) denying…
Date: January 14, 2014
Docket Number: 2012-481
Justia Opinion Summary: Defendant Richard Gness appealed his convictions for possession of psilocin with intent to distribute, possession of cocaine, and possession of marijuana. On appeal, he argued that the superior court erred in denying his…
Date: January 14, 2014
Docket Number: 2012-632
Justia Opinion Summary: Defendant Kurt Carpentino appealed a superior court order that denied his motion to amend one of his sentences based on an amendment to the statute under which his sentence was based. The statute in question took effect…
Date: January 14, 2014
Docket Number: 2012-802
Justia Opinion Summary: Defendant Barion Perry appealed a superior court order that imposed a suspended sentence. He pled guilty to one count of receiving stolen property and one count of stalking. On appeal, defendant argued: (1) the trial…
Date: January 10, 2014
Docket Number: 2012-729
Justia Opinion Summary: Respondents The Local Government Center, Inc. (LGC), Local Government Center Real Estate, Inc., Local Government Center Health Trust, LLC, Local Government Center Property-Liability Trust, LLC, Health Trust, Inc., New…
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