New Hampshire Supreme Court Decisions 2011

In re Guardianship of Reena D.  
Date: December 28, 2011
Docket Number: 2010-187

Justia Opinion Summary: Petitioner Nilesh D. appealed a probate court order that denied his motion to terminate the guardianship over his minor daughter Reena, which had been previously awarded to his step-mother, Respondent Hasu D. Petitioner...

New Hampshire v. McDonald  
Date: December 28, 2011
Docket Number: 2010-235

Justia Opinion Summary: Defendant Paul McDonald appealed his conviction by a jury of first-degree murder. On appeal, Defendant argued that the trial court erred in permitting the State to present certain lay opinion testimony, declining to give...

New Hampshire v. Ruggiero  
Date: December 28, 2011
Docket Number: 2010-564

Justia Opinion Summary: After a jury trial, Defendant Kristin Ruggiero was convicted on twelve counts of falsifying physical evidence, and on one count of making a false report. On appeal to the Supreme Court, she argued that the trial court er...

Appeal of Countrywide Home Loans, Inc.  
Date: December 28, 2011
Docket Number: 2010-864

Justia Opinion Summary: Petitioner Countrywide Home Loans, Inc. appealed an award by the Commissioner of the State Banking Department in favor of Respondent Rachel Nicholson based on claims under the Consumer Protection Act. The issue stemmed f...

New Hampshire v. Empire Automotive Group, Inc.  
Date: December 28, 2011
Docket Number: 2011-154

Justia Opinion Summary: In this interlocutory appeal, the Supreme Court considered an order of the superior court which denied Defendant Empire Automotive Group, Inc.'s motion to dismiss two indictments charging with with felony violations of t...

New Hampshire v. Etienne  
Date: December 21, 2011
Docket Number: 2004-833

Justia Opinion Summary: Defendant Dickens Etinenne appealed his conviction for the first degree murder of Larry Lemieux. On appeal, he argued that the superior court erred by: (1) incorrectly defining the elements of self-defense or defense of...

Appeal of Letellier  
Date: December 15, 2011
Docket Number: 2010-795

Justia Opinion Summary: Petitioner Christopher Ruel, a licensed real estate appraiser, appealed a superior court order that remanded his case to the New Hampshire Real Estate Appraiser Board for a new disciplinary hearing. In the spring of 2007...

Ruel v. New Hampshire Real Estate App. Bd.  
Date: December 15, 2011
Docket Number: 2010-828

Justia Opinion Summary: Petitioner Christopher Ruel, a licensed real estate appraiser, appealed a superior court order that remanded his case to the New Hampshire Real Estate Appraiser Board for a new disciplinary hearing. In the spring of 2007...

Hansa Consult of North America, LLC v. hansaconsult Ingenieurgesellschaft mbH  
Date: December 15, 2011
Docket Number: 2011-057

Justia Opinion Summary: Plaintiff Hansa Consult of North America, LLC (HCNA), appealed an order of the Superior Court that dismissed its complaint against Defendant Hansaconsult Ingenieurgesellschaft, mbH. HCNA, an American company based in Por...

New Hampshire v. Mentus  
Date: December 14, 2011
Docket Number: 2010-017

Justia Opinion Summary: Defendant Adam Mentus appealed his conviction on manslaughter charges. In 2008, he took a Lorcin handgun home to show his brother. In the car, he placed a full clip of ammuitio in the gun, and placed it in his pocket. Re...

New Hampshire v. Towle  
Date: December 14, 2011
Docket Number: 2010-190

Justia Opinion Summary: Defendant, Robert Towle, appealed his conviction on four counts of aggravated felonious sexual assault and and four counts of criminal liability for the conduct of another all stemming from inappropriate and illegal cont...

New Hampshire v. French  
Date: December 14, 2011
Docket Number: 2010-537

Justia Opinion Summary: Defendant Jon French appealed a superior court order that suspended his deferred sentence. In 1996, Defendant pled guilty to two counts of felonious sexual assault. Deferral of Defendant's sentence was conditioned upon h...

Holloway Automotive Group v. Lucic  
Date: December 14, 2011
Docket Number: 2010-563

Justia Opinion Summary: Defendants Sedo, Inc. ad its founder, president and sole shareholder Goran Lucic, appealed a district court ruling that held both the company and Mr. Lucic liable to Plaitiff Holloway Automotive Group d/b/a Holloway Moto...

New Hampshire v. Smith  
Date: December 14, 2011
Docket Number: 2010-685

Justia Opinion Summary: Defendant Michael Smith appealed a superior court order that imposed previously suspended sentences for felony convictions. In February 2008, Defendant was charged with six class A misdemeanors. Subsequently, in March an...

Thompson v. D'Errico  
Date: December 14, 2011
Docket Number: 2011-439

Justia Opinion Summary: Defendant Christopher D'Errico appealed the recommendation of the Marital Master that granted a protection order to Plaintiff Linda Thompson. Plaintiff filed a domestic violence petition in April, 2011. Following an evid...

Appeal of Ellen St. Louis  
Date: December 8, 2011
Docket Number: 2010-531

Justia Opinion Summary: Petitioner Ellen St. Louis appealed the decision of the New Hampshire Department of Employment Security (DES) Appellate Board (board) that denied her claim for unemployment benefits. Early 2009, Petitioner received a dis...

Crowley v. Town of Loudon  
Date: December 8, 2011
Docket Number: 2010-656

Justia Opinion Summary: Petitioners Residents of Green View Drive appealed a superior court order that: (1) found no "occasion" to lay out Green View Drive as a class V public highway; (2) partially granted and partially denied the petition to...

Morrissey v. Town of Lyme  
Date: December 8, 2011
Docket Number: 2010-661

Justia Opinion Summary: Petitioners Thomas Morrissey, Dorothy Sears, Reginald Rogers, John Quimby, Michael O’Donnell, Jonathan Chamberlain, Patricia Reynolds, Richard and Barbara Sanders, Margaret Russell, and Robert and Judith Dupuis, appealed...

Ettinger v. Town of Madison Planning Board  
Date: December 8, 2011
Docket Number: 2010-688

Justia Opinion Summary: Defendant Town of Madison Planning Board appealed and Plaintiffs Thomas and Margaret Ettinger cross-appealed a superior court's decision which held that a private session of the Board violated the state's Right-to-Know L...

Rabbia v. Rocha  
Date: November 29, 2011
Docket Number: 2010-296

Justia Opinion Summary: Plaintiff Salvatore Rabbia appealed a superior court order that ordered $37,000 held in escrow be dispersed to Intervenor Automotive Finance Corporation instead of to him. Plaintiff was a principal in the corporate Defen...

Premium Research Svcs. v. New Hampshire Dept. of Labor  
Date: November 29, 2011
Docket Number: 2010-770

Justia Opinion Summary: Petitioner Premium Research Services appealed a superior court's dismissal of its petition brought under the state Right-to-Know Law for disclosure of documents relating to disbursements from the second injury fund. Peti...

Town of Newington v. New Hampshire  
Date: November 29, 2011
Docket Number: 2010-806

Justia Opinion Summary: Petitioner Town of Newington appealed a superior court order that granted summary judgment to the State through the the Pease Development Authority (PDA) and the New Hampshire Department of Environmental Services (DES)....

Appeal of New Hampshire Dept. of Corrections  
Date: November 29, 2011
Docket Number: 2010-811

Justia Opinion Summary: Respondents New Hampshire Department of Corrections and Liberty Mutual Insurance Copmany (Insurer) appealed the decision of the New Hampshire Compensation Appeals Board (CAB) that Petitioner Michael Whitaker (Claimant) w...

Hayes v. So. New Hampshire Medical Ctr  
Date: November 29, 2011
Docket Number: 2010-846

Justia Opinion Summary: Appellant Anthony Hayes appealed a superior court order that denied his petition to enjoin a sheriff's sale and found a prejudgment attachment by Appellee Southern New Hampshire Medical Center (SNHMC or Hospital) valid a...

Fellows v. Colburn  
Date: November 22, 2011
Docket Number: 2010-302

Justia Opinion Summary: Defendants Robin Colburn and Ronald and Richard Tennant appealed a superior court order that denied their motion to dismiss this action by Plaintiffs Richard and Cheryl Fellows and Benjamin Bellerose. Plaintiffs were suc...

New Hampshire v. Hernandez  
Date: November 22, 2011
Docket Number: 2010-321

Justia Opinion Summary: Defendant Ivonne Hernandez was convicted by a jury for second degree murder, second degree assault and reckless conduct. On appeal, Defendant argued that the trial court erred in denying her motion to suppress statements...

New Hampshire v. Soto  
Date: November 22, 2011
Docket Number: 2010-458

Justia Opinion Summary: Defendant Michael Soto appealed his conviction for being an accomplice to first degree murder. Defendant's conviction arose out of the fatal shooting of Aaron Kay in 2007. A man named Bill threatened Roney White's young...

Chase Home for Children v. New Hampshire Div. for Children, Youth and Fam.  
Date: November 22, 2011
Docket Number: 2010-548

Justia Opinion Summary: Defendant New Hampshire Division for Children, Yought and Families (DCYF) appealed a superior court order that it pay Plaintiff Chase Home for Children over $3 million. The dispute concerned rates the DCYF paid to the Ch...

New Hampshire v. Marshall  
Date: November 3, 2011
Docket Number: 2009-508

Justia Opinion Summary: Defendant Jeffrey Marshall appealed his convictions on drug trafficking and theft charges. In 2007, Anthony Fosher was watching a Red Sox game at a local hotel with some friends. Some of the adults were drinking. At some...

Union Leader Corp. v. New Hampshire Retirement Sys.  
Date: November 3, 2011
Docket Number: 2010-784

Justia Opinion Summary: Defendant New Hampshire Retirement System (NHRS) appealed a superior court decision that ordered it to disclose certain retiree benefit records requested by Plaintiff Union Leader Corporation under the state Right-to-Kno...

New Hampshire v. Ploof  
Date: November 2, 2011
Docket Number: 2009-469

Justia Opinion Summary: Defendant William Ploof appealed a superior court order that committed him to the custody of the state Department of Corrections as a sexually violent predator. He argued on appeal that on its face, the statute under whi...

New Hampshire v. King  
Date: November 2, 2011
Docket Number: 2009-704

Justia Opinion Summary: After a jury trial, Defendant Horace King was convicted on two counts of aggravated felonious sexual assault. On appeal to the Supreme Court, Defendant argued that the trial court erred in denying his supplemental motion...

New Hampshire v. Gingras  
Date: November 2, 2011
Docket Number: 2010-274

Justia Opinion Summary: Defendant Timothy Gingras was convicted of reckless conduct, criminal threatening and criminal mischief following a jury trial in superior court. On appeal to the Supreme Court, he challenged only the criminal threatenin...

Montenegro v. City of Dover  
Date: November 2, 2011
Docket Number: 2010-412

Justia Opinion Summary: Petitioner David Montenegro appealed a superior court order that denied his petition under the Right-to-Know Law requesting disclosure of information pertaining to certain surveillance equipment and procedures of Respond...

New Hampshire v. Gardner  
Date: November 2, 2011
Docket Number: 2010-672

Justia Opinion Summary: Defendant Nicholas Gardner pled guilty to driving while intoxicated (DWI). On the date of the offense, he was nineteen years old. As part of his sentence, Defendant requested that his driver's license be revoked for twel...

New Hampshire v. Brooks  
Date: October 27, 2011
Docket Number: 2010-262

Justia Opinion Summary: Defendant Jesse Brooks appealed his conviction on conspiracy to commit murder. He argued on appeal to the Supreme Court that the trial court erred by allowing the State to introduce prior recorded statements of a witness...

New Hampshire v. Ortiz  
Date: October 27, 2011
Docket Number: 2010-269

Justia Opinion Summary: Defendant Hector Ortiz appealed his jury convictions on counts of aggravated felonious sexual assault (AFSA), felonious sexual assault and endangering the welfare of a child. On appeal he argued that the superior court e...

Appeal of Town of Deerfield  
Date: October 27, 2011
Docket Number: 2010-764

Justia Opinion Summary: Respondent Town of Deerfield (Town) appealed a Public Employee Labor Relations Board (PELRB) decision that certified Petitioner New England Police Benevolent Association (Association) as the exclusive bargaining represen...

Avery & New Hampshire Dept. of Education  
Date: October 27, 2011
Docket Number: 2010-798

Justia Opinion Summary: Petitioners Curtis and Deborah Avery appealed a superior court order that dismissed their petition for a declaratory judgment for pertaining to a lot size waiver that was granted to Respondent Concord School District (Di...

New Hampshire v. Quintero  
Date: October 12, 2011
Docket Number: 2009-832

Justia Opinion Summary: Defendant George Quintero appealed his convictions on one count of felonious sexual assault (FSA), and one count of aggravated felonious sexual assault (AFSA). He argued that the Superior Court erred when it conditioned...

Brandt Development Company of New Hampshire, LLC v. City of Somersworth  
Date: October 12, 2011
Docket Number: 2010-641

Justia Opinion Summary: Petitioner Brandt Development Company of New Hampshire, LLC (Brandt) appealed a Superior Court order that upheld a decision of Respondent City of Somersworth’s (City) zoning board of adjustment (ZBA). The ZBA denied its...

Marshall & Burke  
Date: October 12, 2011
Docket Number: 2010-812

Justia Opinion Summary: Plaintiffs Alfred and Susan Marshall appealed a superior court's order that granted summary judgment in favor of the defendants on Plaintiffs' claim to a prescriptive easement over defendants' beach front property (the “...

New Hampshire v. Garcia  
Date: September 22, 2011
Docket Number: 2009-072

Justia Opinion Summary: Defendant Robinson Garcia was certified as an adult and convicted of one count of second-degree murder and one count of riot. On appeal, he argued that the Superior Court erroneously: (1) denied his motions to suppress;...

Ocasio v. Federal Express Corp.  
Date: September 22, 2011
Docket Number: 2010-157

Justia Opinion Summary: In this personal injury case, Plaintiff Alfred Ocasio appealed a judgment entered in favor of Defendant Federal Express Corporation (FedEx). Plaintiff was a mail handler who pulled by hand, large, heavy canisters filled...

New Hampshire v. Burke  
Date: September 22, 2011
Docket Number: 2010-202

Justia Opinion Summary: Defendant Robert Burke appealed a trial court's decision to deny his motion to dismiss criminal restraint charges against him. On the morning of February 2, 2009, eighty-three-year-old Monna Greenstreet was home alone wh...

New Hampshire v. Stowe  
Date: September 22, 2011
Docket Number: 2010-383

Justia Opinion Summary: Defendant John Stowe appealed his convictions of making a false report to law enforcement and of unsworn falsification, arguing that the Superior Court erred when it: (1) limited his cross-examination of a crucial State...

Harrington v. Metropolis Property Management Group, Inc.  
Date: September 22, 2011
Docket Number: 2010-469

Justia Opinion Summary: Petitioner Joel Harrington appealed a superior court order in favor of Respondent Metropolis Property Management Group, Inc. (Metropolis). On May 27, 2005, Petitioner entered into a residential lease for an apartment at...

In re McArdle  
Date: September 22, 2011
Docket Number: 2010-555

Justia Opinion Summary: Defendant Patrick McArdle appealed a family court order that granted a final domestic violence protective order to Plaintiff Lisa McArdle. The day before the hearing on the domestic violence petition, Plaintiff moved to...

Limited Editions Properties, Inc. v. Town of Hebron  
Date: September 22, 2011
Docket Number: 2010-586

Justia Opinion Summary: Petitioner Limited Editions Properties, Inc., appealed a superior court order upholding a decision to deny Petitioner's subdivision application by the planning board of Respondent Town of Hebron (Town). Petitioner owned...

Carleton, LLC v. Balagur  
Date: September 22, 2011
Docket Number: 2010-700

Justia Opinion Summary: Plaintiff Carleton, LLC appealed a superior court order finding that the Defendants' notice of intention to adopt articles of dissolution was timely filed. In 1995, Bukk Carleton and Defendant Richard Balagur formed defe...

Harborside Associates, L.P. v. Parade Residence Hotel, LLC  
Date: September 22, 2011
Docket Number: 2010-782

Justia Opinion Summary: Respondent Parade Residence Hotel, LLC (Parade) appealed and Petitioner Harborside Associates, L.P. (Harborside) cross-appealed a superior court decision that partially affirmed and partially reversed the decision of the...

In Re Michael E.  
Date: September 22, 2011
Docket Number: 2011-115

Justia Opinion Summary: Respondent Debra D. appealed a family court order that terminated her parental rights over her sons, Michael E. and Andre E., for failing to correct conditions leading to a finding of neglect. The court issued a final di...

New Hampshire v. Duran  
Date: September 20, 2011
Docket Number: 2010-236

Justia Opinion Summary: Defendant Diego Duran appealed his conviction by a jury on one count of being a felon in possession of a deadly weapon. He argued that the trial court erred in denying his motion to dismiss because there was insufficient...

New Hampshire v. Guay  
Date: September 20, 2011
Docket Number: 2010-313

Justia Opinion Summary: After a jury trial in superior court Defendant Christopher Guay was convicted of three counts of aggravated felonious sexual assault (AFSA), and one count of felonious sexual assault (FSA). On appeal he argued that the t...

Boissy v. Chevion  
Date: September 20, 2011
Docket Number: 2010-372

Justia Opinion Summary: Respondent Ruth Chevion appealed and Petitioners Aaron and Katie Boissy cross-appealed a superior court order that partly granted and partly denied Petitioners' petition to quiet title. The trial court ruled that Respond...

Despres v. Hampsey  
Date: September 20, 2011
Docket Number: 2010-476

Justia Opinion Summary: Defendant Kevin Hampsey appealed a final stalking protective order issued against him. Plaintiff Jessie Despres and her three children resided in an apartment for which Defendant’s company was the property manager. She t...

Wyle v. Lees  
Date: September 20, 2011
Docket Number: 2010-624

Justia Opinion Summary: Defendants Scott and Christina Lees appealed a trial court decision that found in favor of Plaintiff Stephen Wyle on his claim of negligent misrepresentation. In 2002, Defendants purchased a two-unit apartment building....

Estate of June M. Day v. Hanover Insurance Co.  
Date: September 20, 2011
Docket Number: 2010-756

Justia Opinion Summary: Petitioners, the Estate of June M. Day (Estate) and Byron and Stephanie Day, appealed a superior court's grant of summary judgment to Respondent Hanover Insurance Company, arguing Hanover's consent to settle a claim by P...

Tessier v. Rockefeller  
Date: September 15, 2011
Docket Number: 2010-120

Justia Opinion Summary: Plaintiff Lorraine Tessier appealed a superior court order that granted Defendants' Regina Rockefeller and Nixon Peabody, LLP's motion to dismiss. The plaintiff is the wife of Thomas Tessier, an attorney who practiced at...

Appletree Mall Associates, LLC v. Ravenna Investment Associates  
Date: September 15, 2011
Docket Number: 2010-170

Justia Opinion Summary: Respondents Ravenna Investment Associates and its successor-in-interest, Access Road, LLC (collectively referred to as Ravenna), appealed a superior court order following a bench trial which granted a petition for injunc...

Austin v. Silver  
Date: September 15, 2011
Docket Number: 2010-534

Justia Opinion Summary: Petitioners David, James and Carolyn Austin and Robert Guinto appealed a superior court order that denied their petition to quiet title and ruling that Respondents Lester and Sophie Silver had a deeded right-of-way over...

Nashua Housing Authority v. Wilson  
Date: September 15, 2011
Docket Number: 2010-610

Justia Opinion Summary: Defendant-Tenant Wendy Wilson appealed a district court ruling that she breached her lease with Plaintiff Nashua Housing Authority. She rented an apartment in a public housing development. The lease provided that tenants...

Chatman v. Brady  
Date: September 15, 2011
Docket Number: 2010-707

Justia Opinion Summary: Plaintiff Dana Chatman appealed a superior court decision that dismissed his lawsuit against Defendants James Brady and the Lee Country Fair brought pursuant to RSA 651:70 (2007), an immunity statute. In May 2007, Plaint...

In re Tapply & Zukatis  
Date: August 11, 2011
Docket Number: 2010-263

Justia Opinion Summary: Petitioner Erica Tapply appealed a trial court's order that denied her motion for judicial disqualification. The issue on appeal was whether the trial judge who presided over this contentious dispute concerning the paren...

Bouffard v. State Farm Fire & Casualty Co.  
Date: August 11, 2011
Docket Number: 2010-303

Justia Opinion Summary: Plaintiff Yvette Bouffard appealed a trial court's denial of her request for a declaratory judgment that she was entitled to uninsured motorist (UM) insurance coverage under her umbrella insurance policy issued by Defend...

In re Kalar  
Date: August 11, 2011
Docket Number: 2010-456

Justia Opinion Summary: Petitioner Patricia Kalar petitioned the Supreme Court to challenge the reduction of her benefits by Respondent New Hampshire Department of Health and Human Services. The Department conducted an inquiry into Petitioner's...

New Hampshire v. Kay  
Date: July 21, 2011
Docket Number: 2010-115

Justia Opinion Summary: Defendant Anthony Kay appealed a superior court decision that found he violated his probation and imposed jail time. On appeal, Defendant argued that the trial court erred by finding he violated his probation and that th...

Appeal of Campaign for Ratepayers’ Rights  
Date: July 21, 2011
Docket Number: 2010-121

Justia Opinion Summary: Appellants Campaign for Ratepayers' Rights, Conservation Law Foundation, Freedom Logistics, Halifax-American Energy Co, TransCanada Hydro Northeast, Union of Concerned Scientists and Jackson Perry appealed orders of the...

Winecellar Farm, Inc. v. Hibbard  
Date: July 21, 2011
Docket Number: 2010-275

Justia Opinion Summary: Petitioner Winecellar Farm ("Winecellar") appealed a superior court order that found it was not entitled to: (1) a decree pro confesso awarding it specific performance to purchase the Bedard Farm ("Bedard"); (2) specific...

Petition of Stuart N. Dedopoulos
Date: July 21, 2011
Docket Number: 2010-478
Appeal of Margeson  
Date: July 21, 2011
Docket Number: 2010-633

Justia Opinion Summary: Petitioner James Margeson appealed a decision of the New Hampshire Compensation Appeals Board (CAB) that denied him reimbursement for medical treatment and workers' compensation benefits. Petitioner conducted a "bed che...

New Hampshire v. North of the Border Tobacco, LLC  
Date: June 30, 2011
Docket Number: 2010-516

Justia Opinion Summary: Respondents North of the Border Tobacco, LLC (Tobacco) and Roll Your Own, LLC (RYO) appealed decisions of the Superior Court that enjoined them from allowing customers to use on-site cigarette-making machines to make rol...

Appeal of Harold French  
Date: June 30, 2011
Docket Number: 2010-535

Justia Opinion Summary: Petitioner Harold French appealed a decision of the New Hampshire Board of Auctioneers (Board) that sanctioned him for submitting a fictitious bid at an auction. In 2009, Petitioner attended an auction run by another auc...

Buatti v. Prentice  
Date: June 30, 2011
Docket Number: 2010-765

Justia Opinion Summary: Defendant Alicia Prentice appealed a district court’s judgment in favor of Plaintiff Phyllis Buatti. Defendant rented an apartment from Defendant. In September 2010, Defendant was served with a demand for rent alleging t...

In Re Athena D.  
Date: June 30, 2011
Docket Number: 2011-038

Justia Opinion Summary: The Appellants, maternal grandparents of “Athena D.,” appealed an order of the probate court that dismissed their petition for grandparent visitation for lack of subject matter jurisdiction. The court also denied their m...

New Hampshire v. LaPlaca  
Date: June 28, 2011
Docket Number: 2010-042

Justia Opinion Summary: In 2009, Defendant Ryan LaPlaca pled true to a probation violation. As a result, he was sentenced to two-and-one-half to five years in the state prison, with five years suspended. As a condition of his sentence, Defendan...

New Hampshire v. Rivera  
Date: June 28, 2011
Docket Number: 2010-130

Justia Opinion Summary: Following a jury trial, Defendant Andre Rivera was convicted as an accomplice to reckless second-degree murder. In 2007, he and four others discussed robbing a local drug dealer. The group assailed the dealer, and when t...

New Hampshire v. Eaton  
Date: June 28, 2011
Docket Number: 2010-140

Justia Opinion Summary: Following a jury trial, Defendant Peter Eaton was convicted on multiple sexual assault charges and for indecent exposure. On appeal, he argued that the trial court erred when it denied his pre-trial motions for in-camera...

In Re Guardianship of Nicholas P.  
Date: June 28, 2011
Docket Number: 2010-609

Justia Opinion Summary: Respondent "Rebecca P." appealed an order of the family court that awarded guardianship of her son "Nicholas P." to her son's half-brother "Jonathan P." Nicholas' parents, Rebecca and "Martin P." had marital difficulties...

Russell Forest Management, LLC v. Town of Henniker  
Date: June 15, 2011
Docket Number: 2010-719

Justia Opinion Summary: Bower Road in Henniker was originally designated a "public highway" in 1797. In 1895, the Town voted to discontinue the road. In 2002, Timothy Hanson purchased a parcel of land in Henniker which could only be accessed by...

Gordon v. Town of Rye  
Date: June 15, 2011
Docket Number: 2009-836

Justia Opinion Summary: Petitioners Peter Gordon and the Peter Gordon Revocable Trust of 1999 own six oceanfront properties adjacent to and at the end of a road in the Town of Rye. Petitioners unsuccessfully appealed an order from the Town Boar...

New Hampshire v. Lopez  
Date: June 15, 2011
Docket Number: 2009-872

Justia Opinion Summary: Defendant Luis Lopez was convicted in 2007 on felony child endangerment charges. On appeal to the Supreme Court, Defendant argued that there was insufficient evidence presented at trial to convict him. The child’s mother...

George v. Al Hoyt & Sons, Inc.  
Date: June 2, 2011
Docket Number: 2010-015

Justia Opinion Summary: "Homes by George," run by Adelaide and Rick George, developed residential real estate known as "Esther's Estates" in Newton. Homes by George entered into a written contract with Defendant Al Hoyt & Sons, Inc., in which D...

Gray v. Commonwealth Land Title Insurance Co.  
Date: May 26, 2011
Docket Number: 2010-129

Justia Opinion Summary: Plaintiff Darlene Gray appealed an order of the Superior Court that dismissed her complaint against Defendant Commonwealth Land Title Insurance Company. In 2003, Plaintiff and her sister, in their capacity as trustees of...

Appeal of School Administrative Unit #44  
Date: May 26, 2011
Docket Number: 2010-161

Justia Opinion Summary: Respondent Judith McGann was terminated as superintendent of Petitioner School Administrative Unit #44 (SAU). During the evidentiary portion of the SAU Board's termination hearing, SAU called an expert witness. Ms. McGan...

Appeal of the Hartford Insurance Company  
Date: May 26, 2011
Docket Number: 2010-233

Justia Opinion Summary: Petitioner Hartford Insurance Company (Hartford) appealed orders of the Compensation Appeals Board (CAB) that denied it recovery from the State Special Fund for Second Injuries for injuries to Claire Hamel and John Rygie...

New Hampshire Resident Ltd. Partners of Lyme Timber Company v. Department of Revenue Admin.  
Date: May 26, 2011
Docket Number: 2010-399

Justia Opinion Summary: Respondent, the New Hampshire Department of Revenue Administration (DRA), appealed a Superior Court ruling. Money distributions from the Lyme Timber Company (Lyme) paid to limited partners that lived in New Hampshire wer...

Appeal of Matthew Kennedy  
Date: May 26, 2011
Docket Number: 2010-438

Justia Opinion Summary: Petitioners Matthew Kennedy and the Hinsdale Federation of Teachers appealed the decision of the New Hampshire Employee Labor Relations Board (PELRB) that denied their unfair labor practice claims against Respondent, the...

New Hampshire v. Mello  
Date: May 26, 2011
Docket Number: 2010-455

Justia Opinion Summary: Defendant James Mello appealed his conviction on four counts of delivering child pornography. On appeal to the Supreme Court, he argued that the Superior Court erred by denying his motion to suppress evidence derived fro...

New Hampshire v. MacDonald  
Date: May 17, 2011
Docket Number: 2010-550

Justia Opinion Summary: In July 2009, a grand jury indicted Defendant Richard MacDonald on one count of aggravated felonious sexual assault for having sex with a person whom he knew to be “mentally defective.” At trial, Defendant filed a motion...

New Hampshire v. Demond-Surace  
Date: May 12, 2011
Docket Number: 2009-109

Justia Opinion Summary: Defendant Marilyn Demond-Surace appealed her conviction on two counts of vehicular assault. Defendant’s convictions stem from a 2005 motor vehicle accident that killed two people. The trial court granted Defendant’s moti...

New Hampshire v. Peters  
Date: May 12, 2011
Docket Number: 2009-892

Justia Opinion Summary: Defendant Todd Peters appealed his convictions on first-degree murder. On appeal, Defendant argued that the trial court erred when it denied his motions in limine to introduce evidence of alternative perpetrators, and to...

Appeal of Keelin B.  
Date: May 12, 2011
Docket Number: 2010-225

Justia Opinion Summary: Petitioners Daniel and Lisa B. appealed the decision of the New Hampshire State Board of Education (Board) that upheld a thirty-four day suspension imposed on their daughter Keelin B. Keelin opened an email account under...

In re Richard Lister and Marianne Lister  
Date: May 12, 2011
Docket Number: 2010-409

Justia Opinion Summary: Petitioner Richard Lister appealed the recommendation of the Family Division Master that modified his child support obligations, and that refused to grant him credit for Social Security benefits received by his adult son...

Bruzga's Case
Date: May 12, 2011
Docket Number: LD-2010-012
New Hampshire v. Michaud  
Date: April 28, 2011
Docket Number: 2009-741

Justia Opinion Summary: After a jury trial in the Superior Court, Defendant Joseph Michaud was convicted of four counts of felonious sexual assault. On appeal he argued that the trial court erred in denying his request for a “lesser-included of...

New Hampshire v. Moncada  
Date: April 28, 2011
Docket Number: 2010-165

Justia Opinion Summary: Defendant Michael Moncada appealed his conviction on three counts of aggravated felonious sexual assault, ten counts of felonious sexual assault and one count of bail jumping stemming from inappropriate contact he had wi...

Deutsche Bank National Trust Co. v. Kevlik  
Date: April 28, 2011
Docket Number: 2010-249

Justia Opinion Summary: Plaintiff Deutsche Bank National Trust Company evicted Defendants James and Catherine Kevlik from their home. The Bank claimed it owned the property because it purchased it at a foreclosure auction in June, 2009. The Kev...

In Re Estate of Timothy M. Donovan  
Date: April 28, 2011
Docket Number: 2010-297

Justia Opinion Summary: The decedent Timothy Donovan died in 2009. His will provided that his intangible personal property, such as bank accounts and stocks, be devided and bequeathed to his family. The will specifically excluded the decedent’s...

Hampton Police Association, Inc. v. Town of Hampton  
Date: April 28, 2011
Docket Number: 2010-323

Justia Opinion Summary: In September, 2009, counsel for the Hampton Police Association wrote to the Town of Hampton’s Manager requesting copies of invoices from all attorneys who gave advice to or otherwise represented the Town in a grievance a...

ATV Watch v. New Hampshire Dept. of Transportation  
Date: April 26, 2011
Docket Number: 2009-788

Justia Opinion Summary: Petitioners ATV Watch and Andrew Walters brought suit against Respondent New Hampshire Department of Transportation (DOT) seeking the disclosure of agency documents under the state’s “Right-to-Know” act. Walters is the d...

New Hampshire v. Hutchinson  
Date: April 26, 2011
Docket Number: 2009-795

Justia Opinion Summary: Following a jury trial, Defendant Walter Hutchinson, Jr. was convicted of first-degree murder for the killing of his former girlfriend Kimberly Ernest. He was sentenced to life in prison without the possibility of parole...

Progressive Northern Ins. Co. v. Argonaut Ins. Co.  
Date: April 26, 2011
Docket Number: 2010-370

Justia Opinion Summary: On June 7, 2006, Insured Kelly left his car for service at a repair shop owned and operated by his parents. The shop loaned Kelly a car while his was being serviced. The next day, Kelly was involved in a collision with M...

1808 Corp. v. Town of New Ipswich  
Date: April 26, 2011
Docket Number: 2010-201

Justia Opinion Summary: Petitioner 1808 Corporation appeals the decision of the Zoning Board of Adjustment (ZBA) which denied it expanded use of its building under a “special exception.” Petitioner owns a lot in New Ipswich on which there are t...

Dean J. Waterfield v. Meredith Corporation & a.
Date: April 14, 2011
Docket Number: 2009-828
J & M Lumber and Construction Company, Inc. v. J. Robert Smyjunas, Jr.
Date: April 14, 2011
Docket Numbers: 2010-259, 2010-356
Eric Lee Knight v. Cheryl Ann Maher
Date: April 14, 2011
Docket Number: 2010-290
The State of New Hampshire v. Christopher Newcomb
Date: April 12, 2011
Docket Number: 2010-059
Golf Course Investors of NH, LLC v. Town of Jaffrey & a.
Date: April 12, 2011
Docket Number: 2010-167
B.V. Brooks & a. v. Trustees of Dartmouth College
Date: April 12, 2011
Docket Number: 2010-179
The State of New Hampshire v. John Mwangi
Date: April 12, 2011
Docket Number: 2010-277
State of New Hampshire v. Joseph A. Munroe
Date: March 31, 2011
Docket Number: 2009-535
In the Matter of James J. Millerand Janet S. Todd
Date: March 31, 2011
Docket Number: 2009-806
Northern Security Insurance Company v. Michael Connors & a.
Date: March 31, 2011
Docket Number: 2010-152
State of New Hampshire v. Brian A. Beauchemin
Date: March 31, 2011
Docket Number: 2010-171
Appeal of Ned Wilson & a.
Date: March 31, 2011
Docket Number: 2010-286
State of New Hampshire v. George Reid
Date: March 16, 2011
Docket Number: 2009-280
In the Matter of Martin F. Kurowski and Brenda A. Kurowski
Date: March 16, 2011
Docket Number: 2009-751
State of New Hampshire v. Michael Euliano
Date: March 16, 2011
Docket Number: 2009-797
In re Jack L.
Date: March 16, 2011
Docket Number: 2010-169
In the Matter of Theodore J. Goodlander and Elizabeth M. Tamposi
Date: February 25, 2011
Docket Number: 2009-309
State of New Hampshire v. Jerome Thompson
Date: February 25, 2011
Docket Number: 2009-345
State of New Hampshire v. Thomas Winward
Date: February 25, 2011
Docket Number: 2009-882
In the Matter of Cynthia Rix and Rajesh Jathar
Date: February 25, 2011
Docket Number: 2010-074
Linda Pesaturo v. Robbin Kinne
Date: February 25, 2011
Docket Number: 2010-127
Cindy Leone v. Richard Leone
Date: February 25, 2011
Docket Number: 2010-224
State of New Hampshire v. Andrew Farrington
Date: February 23, 2011
Docket Number: 2009-617
State of New Hampshire v. Horace W. Seymour, III
Date: February 23, 2011
Docket Number: 2009-678
Appeal of Roy W. Brooks
Date: February 23, 2011
Docket Number: 2009-705
Appeal of City of Lebanon
Date: February 23, 2011
Docket Number: 2010-094
Appeal of Robert Daniel Mays
Date: February 23, 2011
Docket Number: 2010-101
Petition of State Employees' Association of New Hampshire
Date: February 23, 2011
Docket Number: 2010-162
David J. Lovejoy v. James Daniel Linehan & a.
Date: February 23, 2011
Docket Number: 2010-343
State of New Hampshire v. Hess Corporation & a.
Date: January 28, 2011
Docket Number: 2010-082
Application of G.W.
Date: January 26, 2011
Docket Number: DM-2009-024
State of New Hampshire v. Edgar Gordon
Date: January 26, 2011
Docket Number: 2009-570
Appeal of David H. Johnson
Date: January 26, 2011
Docket Number: 2010-045
New Hampshire Health Care Association & a. v. Governor & a.
Date: January 21, 2011
Docket Number: 2010-436
State of New Hampshire v. Robin Knight
Date: January 13, 2011
Docket Number: 2009-449
Appeal of City of Concord
Date: January 13, 2011
Docket Number: 2009-491
State of New Hampshire v. John Moscone
Date: January 13, 2011
Docket Number: 2009-559
State of New Hampshire v. Jennifer Long
Date: January 13, 2011
Docket Number: 2009-703
State of New Hampshire v. Daniel J. Letendre
Date: January 13, 2011
Docket Number: 2009-770
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