New Hampshire Supreme Court Decisions 2012

New Hampshire v. Souksamrane  
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 h...

New Hampshire v. Furgal  
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 forc...

New Hampshire v. Gibbs, Jr.  
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 whe...

New Hampshire v. Thompson  
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...

New Hampshire v. Bell  
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 Fed...

Ellis v. Candia Trailers & Snow Equipment, Inc.  
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Justia Opinion Summary: Petitioner David Ellis appealed a superior court order that rescinded a non-compete agreement and ordered partial restitution as a remedy.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 a...

New Hampshire v. Lathrop  
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...

Carleton, LLC v. Balagur  
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 statu...

New Hampshire Independent Pharmacy Assn. v. New Hampshire Ins. Dept.  
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 an...

In re Guardianship of Matthew L.  
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...

New Hampshire v. Perri  
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 e...

New Hampshire v. Ouahman  
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 per...

New Hampshire v. White  
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 cre...

New Hampshire v. Biondolillo  
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 convi...

Appeal of Bretton Woods Telephone Company, Inc.  
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), appea...

In the Matter of Robin Mason & Martin Mason  
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...

Sheehan v. New Hampshire Dept. of Resources & Economic Dev.  
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 20...

New Hampshire v. Saunders  
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 misappl...

Town of Carroll v. Rines  
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 pe...

In the Matter of Kenneth Heinrich & Dorothy Heinrich  
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’ compe...

New Hampshire v. Brooks  
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 comm...

State of New Hampshire v. Robert L. Baker
Date: October 30, 2012
Docket Number: 2011-083
In the Matter of Nancy E. Woolsey and Grant E. Woolsey  
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 t...

Appeal of New Hampshire Department of Corrections
Date: October 30, 2012
Docket Number: 2011-639
In the Matter of Matthew Bordalo and Meagan Carter  
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,...

Petition of Southern New Hampshire Medical Center  
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 g...

In re Name Change of Alexander Goudreau  
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...

Appeal of Karen Hildreth
Date: October 30, 2012
Docket Number: 2011-895
Town of Barrington v. Townsend  
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 h...

New Hampshire v. Charest  
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 felon-in-...

Appeal of Town of Moultonborough  
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 Benev...

New Hampshire v. Dunn  
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 t...

J.K.S. Realty, LLC v. City of Nashua  
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 tenants...

New Hampshire v. Schulz  
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 h...

Great American Insurance Company v. Christy  
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 Compan...

New Hampshire v. Ball  
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...

Bond v. Martineau  
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...

O'Meara's Case
Date: September 18, 2012
Docket Number: LD-2011-002
Clauson's Case
Date: September 18, 2012
Docket Number: LD-2011-010
New Hampshire v. Hollenbeck, Jr.  
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 sub...

New Hampshire v. Moussa  
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...

City of Concord v. New Hampshire  
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 Stat...

In the Matter of LaRocque  
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...

Appeal of Aspen Contracting NE, LLC  
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...

Lawrence v. Philip Morris USA, Inc.  
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 Hampshir...

Appeal of Moore  
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 be...

In the Matter of Nicholson  
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...

New Hampshire v. Alwardt  
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 in...

Town of Atkinson v. Malborn Realty Trust  
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 civ...

New Hampshire v. Davies  
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...

State of New Hampshire v. Joseph Bakunczyk
Date: August 17, 2012
Docket Number: 2011-546
The Barking Dog, Ltd. v. Citizens Insurance Company of America  
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...

In re D.B.  
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 ro...

In the Matter of Poulin  
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 t...

New Hampshire v. Marchand  
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 is...

Henderson Holdings at Sugar Hill, LLC v. Town of Sugar Hill  
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 revie...

Professional Fire Fighters of Wolfeboro, IAFF Local 3708 v. Town of Wolfeboro  
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 su...

New Hampshire v. Town  
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...

New Hampshire Department of Transportation v. Franchi  
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 t...

Walbridge v. The Estate of Raymond A. Beaudoin, Jr.  
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 co-administrat...

Merriam Farm, Inc. v. Town of Surry  
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...

In the Matter of Susan J. Regan and Steven S. Regan  
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...

EnergyNorth Natural Gas, Inc. v. City of Concord  
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 cour...

Phaneuf Funeral Home v. Little Giant Pump Co.  
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 Eleg...

Bosonetto v. Town of Richmond  
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 Adjus...

In the Matter of Cottrell & El-Sherif  
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 purp...

Kilnwood on Kanasatka Condominium Unit Association, Inc. v. Smith  
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 subdiv...

Property Portfolio Group, LLC v. Town of Derry  
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...

New Hampshire v. Dilboy  
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 cons...

In re C.M.  
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...

City of Manchester v. Secretary of State  
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 liv...

Lebanon Hangar Associates, Ltd. v. City of Lebanon  
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 l...

Elter-Nodvin v. Nodvin  
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...

Jeffery v. City of Nashua  
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...

New Hampshire v. Forest  
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 wa...

Appeal of Liberty Assembly of God  
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 reques...

Appeal of Town of Seabrook  
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 (Sup...

38 Endicott Street North, LLC v. New Hampshire Fire Marshall  
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 F...

Mbahaba v. Morgan  
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...

In the Matter of Judith Raybeck and Bruce Raybeck  
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 Responde...

In the Matter of Eric J. Dube and Jeannie Dube  
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 cha...

New Hampshire v. McGurk  
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 Vermo...

DiGaetano v. DiGaetano  
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, t...

In the Matter of Ronald Brownell and Irene Brownell  
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...

Rivera v. Liberty Mutual Fire Ins.Co.  
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 aut...

Professional Fire Fighters of New Hampshire v. The New Hampshire Local Government Center  
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 unde...

New Hampshire v. Willey  
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 alt...

Fischer v. Superintendent, Strafford County House of Corrections  
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,...

Brown v. Concord Group Ins. Co.  
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 t...

Suprenant v. Mulcrone  
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 f...

New Hampshire v. Davidson  
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...

New Hampshire v. Guild  
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) vi...

Pelkey v. Dan's City Used Cars, Inc.  
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...

New Hampshire v. DiMaggio  
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 wa...

In re Guardianship of Raymond B.  
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 ass...

New Hampshire v. Ortiz  
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...

Cloutier v. New Hampshire  
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 pro...

New Hampshire v. Hill  
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...

Appeal of Alexander  
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 Departmen...

New Hampshire v. Matton  
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 sen...

Say Pease IV, LLC v. New Hampshire Dept. of Rev. Admin.  
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 I...

New Hampshire v. Smith  
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...

O’Hearne v. McClammer, Jr.  
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' crosspeti...

Harborside Associates, L.P. v. City of Portsmouth  
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...

New Hampshire v. Belonga  
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 Def...

Frost v. New Hampshire Banking Dept.  
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 Departme...

In re Guardianship of Mary Louise Eaton  
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 war...

New Hampshire v. White  
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...

C F Investments, Inc. v. Option One Mortgage Corp.  
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 Investme...

Chatman v. Strafford County  
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 De...

Appeal of Erica Blizzard  
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 wa...

Appeal of Hollis Education Association, NEA-New Hampshire  
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 Bo...

Ford v. Town of Windham  
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 wh...

Antosz v. Allain  
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 call...

Lamprey v. Britton Construction, Inc.  
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, p...

In the Matter of Viviers  
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. Fi...

Rainville v. Lakes Region Water Company, Inc.  
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 (collectiv...

Gentry v. Warden, Northern New Hampshire Correctional Facility  
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...

Appeal of A&J Beverage Distribution, Inc.  
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. Wh...

New Hampshire v. Bent  
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 hi...

MacLearn v. Commerce Ins. Co.  
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 Hut...

In re Haley K.  
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 wit...

New Hampshire v. Wilmot  
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 i...

New Hampshire v. Ward  
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...

In re Anthony F.  
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...

New Hampshire v. Smith  
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 polic...

In the Matter of Marty & Thomas Henry  
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...

Appeal of Michael Silverstein  
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 An...

In the Matter of Tami & Michael Mallett  
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 i...

Doyle v. New Hampshire Dep't of Resources & Econ. Dev.  
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 Man...

Clark 's Case
Date: January 13, 2012
Docket Number: LD-2011-006
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