New Hampshire Supreme Court Decisions

Since New Hampshire does not have any intermediate appellate courts, the New Hampshire Supreme Court holds sole appellate jurisdiction. In addition to hearing appeals from trial courts, it may hear appeals of decisions by administrative agencies. The Court also can issue certain types of writs, such as writs of habeas corpus and prohibition. Under Supreme Court Rule 7, which dates from 2004, most appeals of final decisions by the circuit and superior courts are considered mandatory, as long as they are filed in a timely manner. This means that the Supreme Court will not have the discretion to deny review. However, it has greater discretion to deny review of appeals from proceedings in administrative agencies, interlocutory appeals, and petitions for original jurisdiction. The Court may require oral arguments, or it may review an appeal based solely on written briefs.

Five justices serve on the New Hampshire Supreme Court, and their tenure lasts until they retire or until they reach the mandatory retirement age of 70. The Governor of New Hampshire appoints each justice, although a majority of the Executive Council must approve the appointment. If a vacancy arises, the Chief Justice or a senior Associate Justice can fill the vacancy with a former justice. The justice who holds the greatest seniority on the Court will serve as the Chief Justice for up to five years. This position rotates among the justices in five-year terms if each of them has served as the Chief Justice during their tenure.

To improve efficiency, the New Hampshire Supreme Court has created a Three Judges Expedited panel. Justices rotate into this panel on a monthly basis. Hearings before the panel involve a maximum of five minutes of uninterrupted oral argument by counsel for each party, after which the justices will rule on the appeal within two to three weeks. A decision by the panel must be unanimous. Otherwise, the entire court may review the case, or it may be reargued before the panel. Under Supreme Court Rule 12-D(3), these expedited decisions do not create legal precedent.

Browse Opinions From the New Hampshire Supreme Court

Recent Decisions From the New Hampshire Supreme Court
New Hampshire v. Clark  
Date: October 22, 2021
Docket Number: 2019-0682

Justia Opinion Summary: Defendant Steven Clark was convicted by jury on five counts of aggravated felonious sexual assault (AFSA), one count of attempted AFSA, and one count of felonious sexual assault. Defendant argued the trial court erred by...

Shaw's Supermarkets, Inc. v. Town of Windham  
Date: October 20, 2021
Docket Number: 2020-0275

Justia Opinion Summary: Defendant Town of Windham (Town) appealed a superior court order denying its motion to dismiss the tax abatement appeal of plaintiff Shaw’s Supermarkets, Inc. (Shaw’s), for lack of standing. The Town also appealed the su...

In re G.B.  
Date: October 20, 2021
Docket Numbers: 2020-0544, 2020-0554

Justia Opinion Summary: A New Hampshire circuit court issued an adjudicatory order finding that G.B., a minor, had been neglected, but that respondents, G/B/'s adoptive parents, were not at fault for the neglect. Subsequently, the court issued...

In the Matter of Alli Morris and Dustin Morris  
Date: October 19, 2021
Docket Number: 2020-0125

Justia Opinion Summary: Respondent Dustin Morris (Father) appealed a circuit court decision to award “custody and school placement” of his biological child to petitioner Alli Morris, Father’s ex-wife and Child’s stepmother (Stepmother). Stepmot...

Appeal of Estate of Peter Dodier  
Date: October 14, 2021
Docket Number: 2020-0185

Justia Opinion Summary: Petitioner Estate of Peter Dodier, appealed a New Hampshire Compensation Appeals Board (CAB) order denying the estate’s claim for workers’ compensation and death benefits following Peter Dodier’s death. The CAB denied th...

Appeal of Pelmac Industries, Inc.  
Date: October 13, 2021
Docket Number: 2019-0605

Justia Opinion Summary: Petitioner AmGUARD Insurance Group (Carrier), insurer of Pelmac Industries, Inc. (Pelmac), appealed a New Hampshire Compensation Appeals Board (CAB) decision awarding workers’ compensation death benefits to the responden...

New Hampshire v. Gedney  
Date: October 8, 2021
Docket Number: 2020-0053

Justia Opinion Summary: Defendant Matthew Gedney was convicted by a jury of conspiracy to commit armed robbery, and the Superior Court ordered him to make restitution of up to $10,000 for counseling to the victims. Defendant argued that the tri...

Bellevue Properties, Inc. v. 13 Green Street Properties, LLC et al.  
Date: October 8, 2021
Docket Number: 2020-0437

Justia Opinion Summary: Plaintiff Bellevue Properties, Inc. (Bellevue) appealed a superior court order dismissing its petition to quiet title and for declaratory judgment brought against the defendants, 13 Green Street Properties, LLC and 1675...

Appeal of Keith R. Mader 2000 Revocable Trust, et al.  
Date: October 8, 2021
Docket Number: 2020-0538

Justia Opinion Summary: Eighteen petitioners (the Taxpayers) appealed a New Hampshire Board of Tax and Land Appeals (BTLA) order issued following the New Hampshire Supreme Court's decision in Appeal of Keith R. Mader 2000 Revocable Trust, 173 N...

Sivalingam v. Newton et al.  
Date: October 5, 2021
Docket Numbers: 2020-0216, 2020-0352

Justia Opinion Summary: Plaintiff Tejasinha Sivalingam sued Frances Newton and Leigh Sharps (Selectwomen) and the Town of Ashland Board of Selectmen (Board), seeking the Selectwomen’s dismissal from and injunctive relief against the Board. Plai...

Merrimack Premium Outlets, LLC et al. v. Town of Merrimack  
Date: October 1, 2021
Docket Number: 2020-0358

Justia Opinion Summary: Plaintiffs Merrimack Premium Outlets, LLC and Merrimack Premium Outlets Center, LLC, appealed, and defendant Town of Merrimack (Town), cross-appealed superior court orders in an action challenging the Town’s reassessment...

New Hampshire v. Boulton  
Date: September 30, 2021
Docket Number: 2020-0025

Justia Opinion Summary: Defendant Mark Boulton was convicted by jury on four counts of aggravated felonious sexual assault, and one count of misdemeanor sexual assault. HE argued on appeal that the Superior Court erred by: (1) denying his reque...

New Hampshire v. Almeida  
Date: September 29, 2021
Docket Number: 2019-0603

Justia Opinion Summary: The State appealed a circuit court order granting defendant David Almeida's motion to suppress the blood alcohol concentration (BAC) test results. Defendant was charged with driving under the influence of alcohol. The is...

New Hampshire v. Seibel  
Date: September 22, 2021
Docket Number: 2018-0336

Justia Opinion Summary: Defendant Elizabeth Seibel appealed after she was convicted at a superior court bench trial on one count of financial exploitation of an elderly person, and two counts of theft by unauthorized taking. The victim was defe...

Petition of Whitman Operating Co., LLC d/b/a Camp Walt Whitman et al.  
Date: September 22, 2021
Docket Number: 2020-0536

Justia Opinion Summary: Petitioners Whitman Operating Co., LLC d/b/a Camp Walt Whitman, Wicosuta Operating Co., LLC d/b/a Camp Wicosuta, and Winaukee Operating Co., LLC d/b/a Camp Winaukee (collectively, the Camps), challenged a decision of res...

The opinions published on Justia State Caselaw are sourced from individual state court sites. These court opinions may not be the official published versions, and you should check your local court rules before citing to them. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or the information linked to on the state site.