New Hampshire Supreme Court Decisions 2012
Date: December 21, 2012
Docket Number: 2010-879
Justia Opinion Summary: Defendant Thavone Souksamrane appealed his convictions for criminal threatening and being a felon in possession of a dangerous weapon. On appeal, he argued that the trial court erred in permitting the State to question…
Date: December 21, 2012
Docket Number: 2011-322
Justia Opinion Summary: Defendant Cory Furgal appealed his conviction of second-degree murder. At trial, outside the presence of the jury, defense counsel asked the trial court to instruct the jury that defendant was entitled to use deadly…
Date: December 21, 2012
Docket Number: 2011-341
Justia Opinion Summary: Defendant Peter Gibbs appealed his convictions on two counts of criminal restraint and one count of being an armed career criminal. On appeal, Defendant argued that: (1) his right against double jeopardy was violated…
Date: December 21, 2012
Docket Number: 2011-373
Justia Opinion Summary: Defendant Daniel Thompson appealed his conviction of driving while intoxicated (DWI) for which he was sentenced to enhanced penalties for a third offense. On appeal, he argued that the trial court erred in sentencing him…
Date: December 21, 2012
Docket Number: 2011-461
Justia Opinion Summary: Defendant Elliott Bell appealed a superior court decision to deny his motion to suppress evidence that he possessed less than one ounce of "ecstasy." Defendant argued that he was unlawfully seized under the State and…
Date: December 21, 2012
Docket Number: 2011-613
Justia Opinion Summary: Petitioner David Ellis appealed a superior court order that rescinded a non-compete agreement and ordered partial restitution as a remedy. Respondents Candia Trailers and Snow Equipment, Inc. and its principals Jeffrey…
Date: December 21, 2012
Docket Number: 2011-732
Justia Opinion Summary: Defendant Alan Lathrop appealed his conviction for driving while intoxicated (DWI). On appeal to the Supreme Court, Defendant argued that the trial court erred in finding that Alderberry Lane in Moultonborough, where the…
Date: December 21, 2012
Docket Number: 2012-061
Justia Opinion Summary: Carleton, LLC appealed a superior court order that denied its motion to vacate and set aside articles of dissolution filed by MTS Development Corporation (MTS) and that denied its renewed motion to enforce creditor…
Date: December 21, 2012
Docket Number: 2012-356
Justia Opinion Summary: Petitioner New Hampshire Independent Pharmacy Association (NHIPA) appealed a superior court order that granted summary judgment to the New Hampshire Insurance Department. At issue were the requirements of RSA 415:6-aa…
Date: December 21, 2012
Docket Number: 2012-384
Justia Opinion Summary: Respondent Joan M. appealed a family division order that terminated her co-guardianship over minor Matthew L. filed by Mary S., Matthew's biological mother and co-guardian. The parties were in a serious relationship from…
Date: December 7, 2012
Docket Number: 2010-816
Justia Opinion Summary: Defendant Timothy Perri appealed his convictions for kidnapping, aggravated felonious sexual assault, attempted aggravated felonious sexual assault, and criminal threatening. He argued on appeal that the Superior Court…
Date: December 7, 2012
Docket Number: 2011-756
Justia Opinion Summary: After a jury trial defendant Mohamed Ouahman was convicted of two counts of kidnapping, and two counts of robbery. On appeal, he argued that the trial court erred by overruling his objection to the State's use of its…
Date: December 7, 2012
Docket Number: 2011-851
Justia Opinion Summary: The State appealed a superior court decision dismissing its indictment against defendant Thomas White for violating RSA 651-B:4-a (Supp. 2012), which requires registered sex offenders to report to law enforcement the…
Date: November 28, 2012
Docket Number: 2011-830
Justia Opinion Summary: Defendant Samuel Biondolillo appealed his conviction of disorderly conduct. He argued: (1) that his conviction violated his constitutional right to free speech; (2) that the evidence was insufficient to sustain his…
Date: November 28, 2012
Docket Number: 2011-892
Justia Opinion Summary: The petitioners, Bretton Woods Telephone Company, Inc., Dixville Telephone Company, Dunbarton Telephone Company, Inc., and Granite State Telephone, Inc., four exempt incumbent rural local exchange carriers (RLECs),…
Date: November 28, 2012
Docket Number: 2012-096
Justia Opinion Summary: Respondent Martin Mason appealed a circuit court order which found that his wife Robin's obligation to pay 50% of his federal income taxes was automatically discharged in her proceedings for bankruptcy under Chapter 7 of…
Date: November 15, 2012
Docket Number: 2012-081
Justia Opinion Summary: Petitioner Kevin P. Sheehan appealed a superior court order in favor of Respondent New Hampshire Department of Resources and Economic Development (DRED) on his request for declaratory, injunctive, and other relief. In…
Date: November 9, 2012
Docket Number: 2011-230
Justia Opinion Summary: Following a jury trial in Superior Court, Defendant Dianna Saunders appealed her convictions for being an accomplice to first degree murder, conspiracy to commit murder, theft by unauthorized taking, and theft by…
Date: November 9, 2012
Docket Number: 2011-776
Justia Opinion Summary: Respondent William Rines appealed a superior court order that enjoined him from excavating on certain real property until he obtained a local use variance from Petitioner Town of Carroll (Town), and that imposed civil…
Date: November 9, 2012
Docket Number: 2012-098
Justia Opinion Summary: Petitioner Kenneth Heinrich appealed the final decree entered by the circuit court in his divorce from Respondent Dorothy Heinrich. He argued that the trial court erred when it determined that his lump sum workers’…
Date: October 30, 2012
Docket Number: 2008-875
Justia Opinion Summary: Defendant John Brooks appealed his conviction following a jury trial for capital murder involving solicitation, capital murder in the course of a kidnapping, first degree murder (as an accomplice), and conspiracy to…
Date: October 30, 2012
Docket Number: 2011-483
Justia Opinion Summary: Respondent Grant E. Woolsey appealed Family Division order modifying his child support obligation to the petitioner, Nancy E. Woolsey. Respondent is a self-employed truck driver, and the issue on appeal was whether the…
Date: October 30, 2012
Docket Number: 2011-737
Justia Opinion Summary: Respondent Meagan Carter (Mother), appealed a Family Division decision that awarded primary parenting responsibility of her minor child (Daughter) jointly to the petitioner, Matthew Bordalo (Father), and the intervenors,…
Date: October 30, 2012
Docket Number: 2011-754
Justia Opinion Summary: In this petition for original jurisdiction, defendants Southern New Hampshire Medical Center (SNHMC) and Bernard Bettencourt, Jr., D.O., sought review of a superior court's decision that three provisions of the statute…
Date: October 30, 2012
Docket Number: 2011-833
Justia Opinion Summary: Respondent Veronica Goudreau (mother) appealed a circuit court order which granted a request by Petitioners Maurice and Gisele Lemieux, parents and next friendd of Andrew Lemieux (father) to change the name of the mother…
Date: October 16, 2012
Docket Number: 2010-559
Justia Opinion Summary: Respondent Richard Townsend, appealed a superior court order that: (1) granted summary judgment in favor of the petitioner, Town of Barrington (Town), on its claims that respondent used his property as a campground and…
Date: October 16, 2012
Docket Number: 2011-307
Justia Opinion Summary: Defendant Jonathan Charest appealed the sentence imposed by the Superior Court following his conviction by a jury for being a felon in possession of a firearm. After the jury returned a verdict of guilty on the…
Date: October 16, 2012
Docket Number: 2011-538
Justia Opinion Summary: Respondent Town of Moultonborough (Town) appealed a decision of the New Hampshire Public Employee Labor Relations Board (PELRB) which granted a petition for certification filed by the petitioner, New England Police…
Date: October 16, 2012
Docket Number: 2011-785
Justia Opinion Summary: Defendant Calvin Dunn, III appealed a superior court order that denied his motion to vacate the imposition of a suspended sentence. In 2006, defendant pled guilty to one count of accomplice to burglary and one count of…
Date: October 10, 2012
Docket Number: 2011-095
Justia Opinion Summary: Petitioners J.K.S. Realty, LLC and L.J.J. Realty, LLC, appealed a superior court ruling that Respondent City of Nashua did not take their property by inverse condemnation. Petitioners are two trusts that owned as…
Date: October 4, 2012
Docket Number: 2011-606
Justia Opinion Summary: Defendant Logan Schulz appealed his convictions for being an accomplice to possession of cocaine, and an accomplice to possession of cocaine with intent to distribute. He argued that the Superior Court erred in denying…
Date: September 28, 2012
Docket Number: 2011-228
Justia Opinion Summary: Defendants Robert Christy, Christy & Tessier, P.A., Debra Johnson, and Kathy Tremblay, appealed a superior court decision that rescinded a professional liability policy issued by Plaintiff Great American Insurance…
Date: September 28, 2012
Docket Number: 2011-626
Justia Opinion Summary: Defendant Jonathan Ball appealed his conviction following a bench trial on stipulated facts one felony count of possessing child sexual abuse images (child pornography). On appeal, he argued that the Superior Court erred…
Date: September 28, 2012
Docket Number: 2011-819
Justia Opinion Summary: Plaintiffs Kenneth Bond and Deborah Thibault, on behalf of themselves and a class of others similarly situated, appealed a superior court order granting summary judgment to the defendants, the City of Manchester and Paul…
Date: September 5, 2012
Docket Number: 2011-165
Justia Opinion Summary: The State appealed a superior court order that dismissed charges filed against Defendant Burton Hollenbeck, Jr. because it determined that the statute upon which they were based violated Defendant's state and federal…
Date: August 31, 2012
Docket Number: 2009-045
Justia Opinion Summary: Defendant Saad Moussa appealed his convictions, and sentences on three counts of stalking entered following a jury trial in Superior Court. In 2005, the Rockingham County grand jury returned three indictments against the…
Date: August 31, 2012
Docket Number: 2011-046
Justia Opinion Summary: Petitioners the City of Concord, the County of Belknap, and Mascenic Regional School District, appealed superior court order that denied their motion for summary judgment and granted summary judgment in favor of the…
Date: August 31, 2012
Docket Number: 2011-073
Justia Opinion Summary: Respondent George W. LaRocque (Father) appealed a circuit court order that found in contempt for failure to pay child support, calculating his arrearages to be $102,845.52 as of December 20, 2010, and modifying his child…
Date: August 21, 2012
Docket Number: 2011-498
Justia Opinion Summary: The petitioner, Aspen Contracting NE, LLC (Aspen), appealed the decisions of the Administrative Hearing Committee (Committee) and the Appeal Tribunal for the New Hampshire Department of Employment Security (DES), as both…
Date: August 21, 2012
Docket Number: 2011-574
Justia Opinion Summary: This was an interlocutory appeal from a Superior Court order that certified a class represented by the plaintiff, Karen L. Lawrence, consisting of "all individuals who purchased Marlboro Lights cigarettes in New…
Date: August 21, 2012
Docket Number: 2011-644
Justia Opinion Summary: Petitioner Casey B. Moore appealed a decision of the appeal tribunal (tribunal), as affirmed by the appellate board, of the New Hampshire Department of Employment Security (DES) finding him ineligible for unemployment…
Date: August 21, 2012
Docket Number: 2011-856
Justia Opinion Summary: The issue before the Supreme Court was the appeal of a circuit court order which found Respondent John P. Nicholson (Father), to be $28,556, plus interest, in arrears on child support obligations to Petitioner, Kimberly…
Date: August 17, 2012
Docket Number: 2011-076
Justia Opinion Summary: Following a jury trial in Superior Court Defendant, Bryan Alwardt was convicted of second degree assault and criminal restraint based on accomplice liability principles. On appeal, he argued that the trial court erred…
Date: August 17, 2012
Docket Number: 2011-085
Justia Opinion Summary: The respondents, Malborn Realty Trust and its trustee, Daniel Osborn, appealed a superior court order that enjoined Osborn from occupying property in Atkinson because he lacked an occupancy permit and that imposed a…
Date: August 17, 2012
Docket Number: 2011-291
Justia Opinion Summary: Defendant Josiah Davies appealed a district court order that partially denied his motion to withdraw his guilty plea and vacate his conviction. Defendant was charged with two counts of false imprisonment and one count of…
Date: August 17, 2012
Docket Number: 2011-693
Justia Opinion Summary: In this declaratory judgment proceeding, the defendant, Citizens Insurance Company of America, appealed a superior court order which ruled in favor of the plaintiff, The Barking Dog, Ltd., which operates a dog kennel and…
Date: August 14, 2012
Docket Number: 2011-245
Justia Opinion Summary: D.B. appealed the Manchester Family Division's finding of delinquency based on misdemeanor sexual assault. D.B. was accused of inappropriately touching and subsequently threatening the female complainant while the two…
Date: August 7, 2012
Docket Number: 2011-682
Justia Opinion Summary: Appellant Rose Marie Wall (Mother) appealed a circuit court's ruling that diemissed her petition to find Appellee Christian Poulin (Father) in contempt of a court order. The parties stipulated to payments towards their…
Date: July 31, 2012
Docket Number: 2011-297
Justia Opinion Summary: The Supreme Court granted an interlocutory appeal of a superior court order denying the State's request to compel Defendant Gary E. Marchand, to undergo a psychological evaluation by the State's expert. There were two…
Date: July 31, 2012
Docket Number: 2011-843
Justia Opinion Summary: The Supreme Court granted an interlocutory appeal of a superior court order that denied a motion to dismiss filed by the Town of Sugar Hill (Town). The superior court transferred the following issue for the Court's…
Date: July 20, 2012
Docket Number: 2011-438
Justia Opinion Summary: Petitioners Professional Fire Fighters of Wolfeboro, IAFF Local 3708, president of the union and several firefighters appealed a superior court order that dismissed their suit against Respondent Town of Wolfeboro. The…
Date: July 18, 2012
Docket Number: 2010-774
Justia Opinion Summary: Defendant William Town was convicted after a jury trial of one count of aggravated felonious sexual assault which occurred sometime between 1990 and 1992. Defendant appealed his conviction, arguing the trial court erred…
Date: July 18, 2012
Docket Number: 2011-023
Justia Opinion Summary: Appellant Pasquale Franchi appealed a superior court order that denied his motion in limine to preclude certain expert testimony. This case arose from an eminent domain proceeding. There was no dispute that there was a…
Date: July 18, 2012
Docket Number: 2011-107
Justia Opinion Summary: Petitioner Tracy Walbridge appealed a superior court order that denied her petition to establish her homestead right exempt from the mortgage held by Respondents the Estate of Raymond Beaudoin, Jr. and its…
Date: July 18, 2012
Docket Number: 2011-311
Justia Opinion Summary: Petitioner Merriam Farm, Inc. appealed a superior court's decision to uphold the denial of its application for a building permit by the zoning board of adjustment (ZBA) of the Town of Surry. In 2009, Merriam Farm applied…
Date: July 18, 2012
Docket Number: 2011-701
Justia Opinion Summary: Respondent Steven Regan (father) appealed an order recommended by a Marital Master (and approved by the circuit court) that among other things: (1) declined to modify his obligations to carry life insurance and pay half…
Date: July 18, 2012
Docket Number: 2011-723
Justia Opinion Summary: Respondent City of Concord appealed a superior court order that denied it summary judgment in favor of Petitioner EnergyNorth National Gas (d/b/a National Grid NH, or "National Grid"). The City argued that the trial…
Date: June 29, 2012
Docket Number: 2011-151
Justia Opinion Summary: Plaintiff Phaneuf Funeral Home appealed a superior court order that granted motions for summary judgment in favor of Defendants Little Giant Pump Company, Boyer Interior Design, Leviton Manufacturing Company and The…
Date: June 29, 2012
Docket Number: 2011-183
Justia Opinion Summary: Petitioner Nicholas Bosonetto appealed a superior court decision to grant summary judgment in favor of Respondent Town of Richmond. The decision dismissed his appeal of a decision made by the Town's Zoning Board of…
Date: June 29, 2012
Docket Number: 2011-210
Justia Opinion Summary: Respondent Mostafa El-Sherif, DMD appealed a divorce degree recommended by the Marital Master. He argued on appeal that the trial court erred when it adopted an appraisal valuing his business at $1.2 million for the…
Date: June 29, 2012
Docket Number: 2011-323
Justia Opinion Summary: Petitioner Kilnwood on Kanasatka Condominium Unit Association, Inc. (Association) appealed a superior court's decision that dismissed its petition to change the ownership form of twenty-nine units in a residential…
Date: June 29, 2012
Docket Number: 2011-496
Justia Opinion Summary: Petitioner Property Portfolio Group, LLC (PPG) appealed a superior court order which upheld a decision of the planning board of Respondent Town of Derry to grant applicant MTM Realty, LLC a waiver from a provision of the…
Date: June 29, 2012
Docket Number: 2011-565
Justia Opinion Summary: This case came before the Supreme Court pursuant to an order entered by the United States Supreme Court vacating the judgment in "New Hampshire v. Dilboy," (160 N.H. 135 (2010)) (Dilboy I), and remanding for further…
Date: June 29, 2012
Docket Number: 2011-647
Justia Opinion Summary: This case came before the Supreme Court from an interlocutory transfer without ruling from the superior court on the following question: "Does the Due Process Clause of the New Hampshire Constitution (Part I, Articles 2…
Date: June 19, 2012
Docket Number: 2012-338
Justia Opinion Summary: Consolidated cases were brought before the Supreme Court on interlocutory transfer without a ruling from the superior court. Petitioners are New Hampshire voters and the towns and municipalities in which some of them…
Date: June 12, 2012
Docket Number: 2011-318
Justia Opinion Summary: Plaintiff Lebanon Hangar Associates, Ltd. (LHA) appealed a superior court decision that vacated an arbitrator's decision that it was not required to pay taxes under a lease agreement with Defendant City of Lebanon. LHA…
Date: June 12, 2012
Docket Number: 2011-454
Justia Opinion Summary: Petitioner Edeltraud Elter-Nodvin appealed a superior court order that dismissed her claims against Respondents (her daughters) Leah and Madeline Nodvin. The claims sought to impose a constructive trust on insurance and…
Date: June 12, 2012
Docket Number: 2011-516
Justia Opinion Summary: Plaintiff Susan Jeffery appealed a superior court order that granted summary judgment in favor of Defendant City of Nashua on her wrongful discharge and breach of contract claims. Plaintiff worked for the City since 1977…
Date: May 22, 2012
Docket Number: 2010-679
Justia Opinion Summary: Defendant Steven Forest, appealed a superior court decision that denied his request for pretrial confinement on his sentences for conspiracy to commit burglary and accomplice liability for burglary. In 2007, Defendant…
Date: May 22, 2012
Docket Number: 2011-368
Justia Opinion Summary: Petitioner Liberty Assembly of God (Assembly) appealed a decision of the New Hampshire Board of Tax and Land Appeals (BTLA) which upheld a 2008 decision of Respondent City of Concord (City), denying the Assembly's…
Date: May 22, 2012
Docket Number: 2011-381
Justia Opinion Summary: Petitioner Town of Seabrook appealed an order of the New Hampshire Department of Environmental Services (DES) which granted Respondent NextEra Energy Seabrook, LLC (NextEra), several tax exemptions under RSA 72:12-a…
Date: May 22, 2012
Docket Number: 2011-502
Justia Opinion Summary: Petitioner 38 Endicott Street North, LLC appealed a superior court order that dismissed its petition under the Right-to-Know Law and denied its request for attorney’s fees. In 2011, Petitioner sent Respondent the State…
Date: May 11, 2012
Docket Number: 2010-710
Justia Opinion Summary: Plaintiff Regina Mbahaba, individually and as next friend of her minor daughter, Benita Nahimana, appealed a superior court order that dismissed her direct claims against Defendant Thomas Morgan, and granted him summary…
Date: May 11, 2012
Docket Number: 2010-876
Justia Opinion Summary: Respondent Bruce Raybeck appealed a ruling that he was required to continue paying alimony to Petitioner Judith Raybeck. The parties divorced in 2005 after a forty-two year marriage. The divorce decree obligated…
Date: May 11, 2012
Docket Number: 2011-075
Justia Opinion Summary: Respondent Jeannie Dube, appealed the final decree in the divorce action initiated by Petitioner Eric Dube. She argued that the Derry Family Division erred when it granted Eric a fault-based divorce. In addition, she…
Date: May 11, 2012
Docket Number: 2011-164
Justia Opinion Summary: Free Bail Bonds appealed a district court's order that forfeited bonds guaranteeing the court appearance of Defendant Sean McGurk. Approximately one month before Defendant's scheduled appearance, he was arrested in…
Date: May 11, 2012
Docket Number: 2011-288
Justia Opinion Summary: Plaintiffs Lynne DiGaetano, Michael John DiGaetano, Christopher D. DiGaetano, Scott M. DiGaetano, and Shauna Arsenault, appealed a superior court order that granted the motion in limine of Defendant, John M. DiGaetano,…
Date: May 11, 2012
Docket Number: 2011-304
Justia Opinion Summary: Petitioner Ronald Brownell appealed the final decree entered by the Plymouth Family Division in his divorce from Respondent Irene Brownell. Petitioner argued that the trial court erred when it: (1) considered his federal…
Date: May 11, 2012
Docket Number: 2011-406
Justia Opinion Summary: Respondent Liberty Mutual Fire Insurance Company appealed a superior court order that denied its motion for summary judgment and granted summary judgment in favor of Petitioner Rebecca Rivera. The court ruled that an…
Date: May 11, 2012
Docket Number: 2011-550
Justia Opinion Summary: Plaintiff Professional Fire Fighters of New Hampshire (PFFNH) appealed a superior court order that ruled Defendant The New Hampshire Local Government Center (LGC), was not required to provide certain meeting minutes…
Date: May 1, 2012
Docket Number: 2010-578
Justia Opinion Summary: After a jury trial, Defendant Thomas Willey was convicted of one count of pattern aggravated felonious sexual assault. On appeal, he contended that the trial court erred in denying his motion for a mistrial or in the…
Date: April 20, 2012
Docket Number: 2010-737
Justia Opinion Summary: Petitioner David Fischer appealed a superior court order on his motions for pretrial bail, claiming that the court delegated authority to Strafford County Community Corrections (SCCC), which is managed by the Respondent,…
Date: April 20, 2012
Docket Number: 2011-385
Justia Opinion Summary: Plaintiffs Marc and Laurie Brown appealed a superior court order that granted summary judgment to Defendant Concord Group Insurance Company in their insurance coverage action. In 2005, Plaintiffs purchased a house from…
Date: April 20, 2012
Docket Number: 2011-661
Justia Opinion Summary: Pro se Plaintiff Robert Suprenant appealed a superior court order that dismissed his claims against Defendant Deborah Mulcrone under the doctrine of absolute quasi-judicial immunity. Defendant was the guardian ad litem…
Date: April 10, 2012
Docket Number: 2010-402
Justia Opinion Summary: Defendant Roderick Davidson appealed his conviction by a jury on three counts of simple assault and one count of criminal mischief. He argued that the Superior Court erred by: (1) denying his motions in limine to exclude…
Date: April 10, 2012
Docket Number: 2010-692
Justia Opinion Summary: Defendant Joshua Guild appealed his conviction on one count of felonious assault and one count of aggravated felonious assault (ASFA) involving the same minor victim. He contended that the superior court erred by: (1)…
Date: April 10, 2012
Docket Number: 2011-144
Justia Opinion Summary: Plaintiff Robert Pelkey appealed a superior court’s decision that granted partial summary judgment in favor of Defendant Dan’s City Used Cars, Inc., d/b/a Dan’s City Auto Body. In 2009, Plaintiff brought suit against his…
Date: April 10, 2012
Docket Number: 2011-156
Justia Opinion Summary: Defendant Derrick DiMaggio appealed a superior court's denial of his motion for pretrial confinement credit for approximately 471 days he participated in the Grafton County Drug Court Sentencing Program. Finding there…
Date: April 10, 2012
Docket Number: 2011-218
Justia Opinion Summary: Petitioners Todd and Trent Bemis appealed a probate court order that dismissed their petition for guardianship over the person and estate of their step-father Dr. Raymond B. More than seven months after Dr. B left an…
Date: April 10, 2012
Docket Number: 2011-446
Justia Opinion Summary: Defendant Deicy Urena Ortiz appealed a district court's denial of her motion to withdraw her plea and vacate her misdemeanor conviction. On appeal, she contended her plea was not knowing because the court did not advise…
Date: March 30, 2012
Docket Number: 2010-714
Justia Opinion Summary: The State appealed a superior court's ruling that RSA chapter 100-C (Supp. 2011) (the Judicial Retirement Plan) violated Part I, Article 23 of the New Hampshire Constitution. Petitioner Raymond Cloutier was a retired…
Date: March 23, 2012
Docket Number: 2010-026
Justia Opinion Summary: Defendant Glendon Hill appealed his conviction for aggravated felonious assault on the ground that the jury's verdict was against the weight of the evidence. At trial, the State elicited testimony from Defendant's young…
Date: March 23, 2012
Docket Number: 2011-016
Justia Opinion Summary: In consolidated appeals from a decision of the New Hampshire Personnel Appeals Board (board), Petitioner Timothy Alexander appealed the Board's affirmance of his dismissal from employment with the New Hampshire…
Date: March 23, 2012
Docket Number: 2011-068
Justia Opinion Summary: Defendant Daniel Matton appealed a superior court order that denied his motion to preclude the State from seeking an extended term of incarceration under RSA 651:6 II(a). In 1998, Defendant was convicted of arson and…
Date: March 23, 2012
Docket Number: 2011-174
Justia Opinion Summary: The New Hampshire Department of Revenue Administration (DRA) appealed a superior court order that reversed its decision assessing a real estate transfer tax against Petitioners Say Pease, LLC and Say Pease IV, LLC. Two…
Date: March 23, 2012
Docket Number: 2011-224
Justia Opinion Summary: Defendant Christina Smith appealed her conviction for driving while intoxicated. She argued the district court erred in denying her motion to suppress because the State failed to establish that the arresting officer had…
Date: March 23, 2012
Docket Number: 2011-227
Justia Opinion Summary: James McClammer, Jr., Trustee of the Profit Sharing Plan of the Connecticut Valley Environmental Services, Inc., appealed a superior court order that ruled in favor of Michael and Marie O'Hearne on the parties'…
Date: March 23, 2012
Docket Number: 2011-236
Justia Opinion Summary: Intervener Parade Residence Hotel, LLC appealed a superior court order that vacated and remanded a decision of the Zoning Board of Adjustment (ZBA) of the City of Portsmouth that upheld the City Planning Board's approval…
Date: March 16, 2012
Docket Number: 2009-129
Justia Opinion Summary: The main issue on appeal was whether Defendant's statements to police during an interview were voluntary. A portion of the interview was videotaped. Paramedics were called to the home of Defendant Nicole Belonga when…
Date: March 16, 2012
Docket Number: 2011-121
Justia Opinion Summary: Respondents the Commissioner of the New Hampshire Banking Department and the New Hampshire Banking Department (collectively, the Department), appealed an order of the Superior Court that permanently enjoined the…
Date: March 16, 2012
Docket Number: 2011-171
Justia Opinion Summary: Petitioner Daniel Eaton appealed the denial of his motion for payment of legal fees, arguing that the Cheshire County Probate Court erred in finding that the imposition of a guardianship does not require the proposed…
Date: March 9, 2012
Docket Number: 2010-526
Justia Opinion Summary: Defendant Roscoe White appealed his convictions by jury of first degree murder and attempted first-degree assault. On appeal, he argued that the trial court erred in denying his motion to suppress inculpatory statements…
Date: March 9, 2012
Docket Number: 2011-042
Justia Opinion Summary: In 1989, Richard Cormier conveyed property to CF Realty Trust by warranty deed, and CF Realty Trust recorded the conveyance in the registry of deeds shortly thereafter. In 1993, CF Realty Trust and Plaintiff C F…
Date: March 9, 2012
Docket Number: 2011-162
Justia Opinion Summary: Plaintiff Dana Chatman appealed a superior court order that dismissed his negligence claims against Defendant Paul Giampa, and his respondeat superior claim against Defendants Strafford County and the Strafford County…
Date: March 9, 2012
Docket Number: 2011-187
Justia Opinion Summary: Respondent Erica Blizzard appealed a decision of the New Hampshire Department of Safety (DOS) that suspended her boating privileges. Carrying two passengers, Respondent piloted a motorboat on Lake Winnipesaukee. There…
Date: March 9, 2012
Docket Number: 2011-281
Justia Opinion Summary: Respondent Hollis Education Association, NEA-New Hampshire, appealed a decision of the public employee labor relations board (PELRB) which sustained an unfair labor practice complaint filed by Petitioner Hollis School…
Date: February 24, 2012
Docket Number: 2011-262
Justia Opinion Summary: Plaintiff Steven Ford appealed a superior court's order that dismissed his negligence claims against Defendants the Town of Windham and the New Hampshire Department of Transportation (DOT). In late 2008 the vehicle in…
Date: February 24, 2012
Docket Number: 2011-445
Justia Opinion Summary: Plaintiffs Jason and Jennifer Antosz appealed a superior court order that granted summary judgment in favor of Defendant Doree Allain. Defendant owned property in Epping. In early 2008 the Town's fire department was…
Date: February 10, 2012
Docket Number: 2010-800
Justia Opinion Summary: Plaintiff Josephine Lamprey appealed a superior court order that dismissed her against Defendants, Britton Construction, Inc. (Britton), DeStefano Architects, PLLC f/k/a Lisa B. DeStefano (DeStefano) and Dave Sherwood,…
Date: February 10, 2012
Docket Number: 2010-842
Justia Opinion Summary: Respondent Norris Viviers appealed an order of the family division which ruled his obligation to pay alimony to Petitioner Karen Schaulin-Viviers could not be modified because the parties agreed to a lump-sum payment.…
Date: February 10, 2012
Docket Number: 2011-028
Justia Opinion Summary: The Supreme Court granted an interlocutory appeal from the superior court that partially granted and partially denied the summary judgment motion filed by Defendants Lakes Region Water Company and Thomas Mason…
Date: February 10, 2012
Docket Number: 2011-248
Justia Opinion Summary: Petitioner Donald Gentry appealed a superior court decision that denied his petition for the writ of habeas corpus. The trial court held that Petitioner (an offender whose parole was revoked) was not entitled to receive…
Date: January 27, 2012
Docket Number: 2010-517
Justia Opinion Summary: Respondent A&J Beverage Distribution, Inc. appealed decisions of the Department of Labor (DOL) brought under the Whistleblowers' Protection Act by Petitioner Kevin Perrier. Petitioner worked for A&J as a truck driver.…
Date: January 27, 2012
Docket Number: 2010-632
Justia Opinion Summary: Defendant Daniel Bent was convicted by a jury on one count of second degree assault and three counts of reckless conduct. In 2007, the superior curt sentenced him to three to six years in the state prison, and ordered…
Date: January 27, 2012
Docket Number: 2010-880
Justia Opinion Summary: Petitioner Lachlan MacLearn and Intervenor Simon Hutchings appealed a superior court order that denied their motion for summary judgment. Petitioner was driving his 2006 Prius when he was involved in an accident with…
Date: January 27, 2012
Docket Number: 2011-123
Justia Opinion Summary: Respondent, the father of "Haley K.," appealed a family division order that terminated his parental rights. He argued that the trial court erred in finding the State provided reasonable services for his reunification…
Date: January 13, 2012
Docket Number: 2010-415
Justia Opinion Summary: Defendant Jason Wilmot appealed his convictions on two counts of first-degree assault for recklessly causing serious bodily injury to a person under thirteen years of age. He argued on appeal that the trial court erred…
Date: January 13, 2012
Docket Number: 2010-496
Justia Opinion Summary: Defendant Jack Ward was convicted on thirteen counts of possessing child pornography. On appeal, he argued that the Superior Court erred in denying his motion to suppress on the grounds that the affidavit supporting the…
Date: January 13, 2012
Docket Number: 2010-665
Justia Opinion Summary: Anthony F. appealed an order by the Derry District Court that denied his motion to suppress evidence that supported a child delinquency petition against him. The juvenile was stopped by school officials as he was leaving…
Date: January 13, 2012
Docket Number: 2010-728
Justia Opinion Summary: Defendant Patricia Smith appealed a superior court's decision to deny her motion to suppress evidence. She was charged with one felony county of manufacturing marijuana, and moved to suppress evidence obtained when…
Date: January 13, 2012
Docket Number: 2010-785
Justia Opinion Summary: Respondent Thomas Henry appealed the final decree in his divorce from Petitioner Marty Henry. He argued that the Derry Family Division erred when it granted Petitioner a fault-based divorce. He also challenged the trial…
Date: January 13, 2012
Docket Number: 2011-012
Justia Opinion Summary: Plaintiff Michael Silverstein appealed the decision of the New Hampshire Public Employee Labor Relations Board (PELRB) which declined to exercise jurisdiction over his unfair labor practice complaint against Defendant…
Date: January 13, 2012
Docket Number: 2011-338
Justia Opinion Summary: This case was an interlocutory appeal of two orders of the Conway Family Division that granted Petitioner Tami Mallett's motions to amend and for attorney's fees. Petitioner and Respondent Michael Mallett were involved…
Date: January 13, 2012
Docket Number: 2011-420
Justia Opinion Summary: Plaintiff Jonathan Doyle appealed a superior court order that granted summary judgment to Defendants the Commissioner of the New Hampshire Department of Resources and Economic Development and the Monadnock State Park…
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