New Hampshire Supreme Court Decisions 2013
Date: December 24, 2013
Docket Number: 2012-447
Justia Opinion Summary: Defendant Jessica Botelho appealed her convictions of manslaughter, negligent homicide, and reckless conduct. She argued on appeal that the trial court erred: (1) by admitting into evidence the name and description of a…
Date: December 24, 2013
Docket Number: 2012-496
Justia Opinion Summary: Defendant, Suzynne D. Cumminngs and S.D. Cummings & Co., PC, appealed a Superior Court order awarding $44,403 to plaintiffs, Robert Audette and his company, H&S Construction Services, LLC (H&S), for breach of contract.…
Date: December 24, 2013
Docket Number: 2013-069
Justia Opinion Summary: Defendant David Lantagne appealed a superior court decision that denied his motion to suppress evidence leading to his conviction on three counts of possessing images of child sexual abuse. On appeal, defendant argued,…
Date: December 24, 2013
Docket Number: 2013-096
Justia Opinion Summary: Defendant Daniel Thompson appealed a circuit court decision that denied his request for permission to appeal a superior court decision that denied his petition to allow a misdemeanor appeal. Defendant was convicted of…
Date: December 20, 2013
Docket Number: 2012-070
Justia Opinion Summary: Petitioner Daniel Eaton appealed a circuit court order granting summary judgment in favor of his mother Mary Louise Eaton and her guardian Michael Eaton. This appeal arose from petitioner's attempts to be paid legal fees…
Date: December 6, 2013
Docket Number: 2012-033
Justia Opinion Summary: Petitioner Michael Carrier petitioned the Supreme Court to review a New Hampshire Retirement System Board (NHRS) of Trustees ruling that as fire chief for Hampstead, he was required to be a member of NHRS. Petitioner…
Date: December 6, 2013
Docket Number: 2012-046
Justia Opinion Summary: Defendant Jason Durgin appealed after a jury convicted him of second degree assault and negligent homicide. He argued that the trial court erred by: (1) denying his request to admit evidence of alternative perpetrators;…
Date: December 6, 2013
Docket Number: 2012-055
Justia Opinion Summary: Petitioner Stephen Stompor petitioned the Supreme Court for review of a probate court decision that granted him and his brother Stan access to an attorney's file who drafted estate plan documents for their parents. In…
Date: November 26, 2013
Docket Number: 2011-451
Justia Opinion Summary: Defendant David Fischer appealed his convictions on two counts of second degree assault, both of which resulted in extended terms of imprisonment. On appeal, defendant argued: (1) the trial court erred in admitting…
Date: November 21, 2013
Docket Number: 2012-158
Justia Opinion Summary: Defendant Robert Dupont was convicted by jury of alternative counts of knowing and reckless second-degree murder for the October 2008 stabbing death of his wife. On appeal, he argued: (1) the trial court erred in failing…
Date: November 8, 2013
Docket Number: 2012-576
Justia Opinion Summary: Plaintiff Stephen Dichiara, Jr. appealed a superior court order that granted summary judgment to defendants Sanborn Regional School District and Robert Ficker on municipal immunity grounds. Plaintiff tried out for the…
Date: November 7, 2013
Docket Number: 2011-465
Justia Opinion Summary: Defendant Michael Cheney was convicted by jury of aggravated felonious sexual assault, kidnapping, theft by unauthorized taking, aggravating driving while intoxicated, disobeying an officer and reckless conduct. On…
Date: November 7, 2013
Docket Number: 2013-368
Justia Opinion Summary: Respondent, father of Deven O., appealed a circuit court order that terminated his parental rights to Deven on abandonment and failure to support grounds. The circuit court denied a motion for reconsideration where the…
Date: November 6, 2013
Docket Number: 2008-094
Justia Opinion Summary: Defendant Michael Addison was convicted for the capital murder of a Manchester police officer for which he received the death sentence. Defendant contended on appeal that numerous errors at trial undermined his…
Date: November 5, 2013
Docket Number: 2011-889
Justia Opinion Summary: Defendant Karen Gagne appealed her convictions for theft. She argued on appeal that the trial court erred in denying her motion to dismiss for insufficient evidence. Upon review, the Supreme Court concluded the evidence…
Date: November 5, 2013
Docket Number: 2012-145
Justia Opinion Summary: Defendant Guilbert Germain appealed his conviction for criminal threatening with a deadly weapon. On appeal, defendant argued that the evidence was insufficient to prove that the gun he displayed in the apartment was a…
Date: November 5, 2013
Docket Number: 2012-599
Justia Opinion Summary: Plaintiff Lawrence Leeds appealed a superior court order that granted summary judgment to defendant BAE Systems (BAE) in his wrongful discharge action. Leeds worked at-will for BAE as a quality control inspector from…
Date: October 16, 2013
Docket Number: 2012-073
Justia Opinion Summary: Petitioners, Barbara and George G., appealed a circuit court that denied their petitions to terminate the parental rights of the mother, Amelia T., over her three children, Faith T., Arom T., and Jacoby T. They argued…
Date: October 9, 2013
Docket Number: 2012-570
Justia Opinion Summary: Defendant City of Portsmouth (City), appeals a jury verdict awarding $128,111 as just compensation for the defendant’s taking by eminent domain of easement rights in property of plaintiff Houston Holdings, LLC. Defendant…
Date: October 1, 2013
Docket Number: 2012-214
Justia Opinion Summary: Defendant Matthew Tabaldi appealed his convictions for the sale of narcotics, possession of narcotics, being a felon in possession of an electronic defense weapon, and for receiving stolen property. He argued the…
Date: October 1, 2013
Docket Number: 2012-406
Justia Opinion Summary: Defendants Leisure Life Industries a/k/a Leisure Life Industries, Inc. a/k/a Leisure Life Industries, LLC (Leisure Life) and Knothe Apparel Group, Inc. appealed a superior court order that denied their motion for summary…
Date: October 1, 2013
Docket Number: 2013-276
Justia Opinion Summary: Respondent Sophia-Marie H's father appealed a circuit court order that terminated his parental rights. He argued the evidence presented at trial did not support the court's findings that (1) he failed to support, educate…
Date: August 28, 2013
Docket Number: 2012-083
Justia Opinion Summary: Defendant William Decato appealed his convictions for aggravated felonious sexual assault, attempted aggravated felonious sexual assault, kidnapping, burglary, and falsifying physical evidence, on the ground that he was…
Date: August 28, 2013
Docket Number: 2012-532
Justia Opinion Summary: Petitioner Dr. Kevin Boulard, D.M.D. appealed a New Hampshire Board of Dental Examiners (Board) finding that he committed professional misconduct and suspending indefinitely his “moderate sedation – unrestricted” permit.…
Date: August 21, 2013
Docket Number: 2011-678
Justia Opinion Summary: Defendant Ernest Willis appealed his conviction on two counts of aggravated felonious sexual assault (AFSA) and one count of felonious sexual assault (FSA). He alleged the Superior Court erred by admitting at trial…
Date: August 21, 2013
Docket Number: 2011-683
Justia Opinion Summary: Petitioner Thomas Phillips appealed a New Hampshire Compensation Appeals Board (CAB) decision denying him recovery under the Workers’ Compensation Law. The CAB ruled that petitioner was not entitled to benefits because…
Date: August 21, 2013
Docket Number: 2012-039
Justia Opinion Summary: Respondents Steven and Philomena Landrigan appealed a Superior Court order finding that they unlawfully subdivided their property and granting petitioner Town of Newbury's request for injunctive relief and the imposition…
Date: August 21, 2013
Docket Number: 2012-162
Justia Opinion Summary: Plaintiff Victor Virgin Construction Corporation appealed a Superior Court remitting a jury award following an advisory jury finding of breach of contract and negligent misrepresentation by defendant New Hampshire…
Date: August 21, 2013
Docket Number: 2012-368
Justia Opinion Summary: The Estate of Richard Wilber appealed appeals a probate court decision allowing the Estate of Josephine Wilber to claim a statutory share under RSA 560:10 (2007) of certain real property named in his will. Finding that…
Date: August 21, 2013
Docket Number: 2012-387
Justia Opinion Summary: Petitioners Bilden Properties, LLC and TD Bank, N.A. appealed and respondents S. Gerald and Gail Birin cross-appealed a superior court order finding, among other things, that the petitioners were bona fide purchasers for…
Date: August 21, 2013
Docket Number: 2012-392
Justia Opinion Summary: Defendant Bradford Dalton was convicted of driving under the influence (DUI)-third offense, following a bench trial. He appealed his convictions based on his contention the trial court erred in denying his motion to…
Date: August 21, 2013
Docket Number: 2012-398
Justia Opinion Summary: Respondent Northern New England Telephone Operations, LLC d/b/a FairPoint Communications – NNE (FairPoint), appealed two orders of the New Hampshire Public Utilities Commission (PUC). Petitioners are all “competitive…
Date: August 21, 2013
Docket Number: 2012-436
Justia Opinion Summary: Respondent City of Concord appealed a superior court order granting summary judgment to petitioner Granite State Management & Resources (GSMR), and denying summary judgment to the City, based upon a finding that GSMR is…
Date: August 7, 2013
Docket Number: 2012-823
Justia Opinion Summary: Police searched defendant's vehicle and found a .40 caliber semi-automatic pistol adjacent to a loaded magazine in the vehicle's glove compartment. The pistol did not have a cartridge in the chamber or a magazine in the…
Date: July 16, 2013
Docket Number: 2011-909
Justia Opinion Summary: Defendant Michael Noucas appealed his conviction as an accomplice for armed robbery. He argued that the evidence presented against him was insufficient to sustain the conviction. He also argued multiple errors at trial…
Date: July 16, 2013
Docket Number: 2012-094
Justia Opinion Summary: Defendant Wayne Dorrance appealed his conviction for second degree assault on a police officer. He argued the evidence presented against him was insufficient to sustain the charges. After review, the Supreme Court found…
Date: July 16, 2013
Docket Number: 2012-371
Justia Opinion Summary: At issue before the Supreme Court was an Asset Purchase Agreement. Portsmouth Regional Hospital was sold to the Hospital Corporation of America. A dispute arose over the meaning of certain terms and clauses in the…
Date: July 16, 2013
Docket Number: 2012-402
Justia Opinion Summary: "Cody C." (a juvenile) challenged the Sixth Circuit Court's jurisdiction over him until his eighteenth birthday. Cody had been adjudicated delinquent on several occaisons; shortly before his seventeenth birthday, the…
Date: July 16, 2013
Docket Number: 2012-428
Justia Opinion Summary: Petitioner Charles Roberts appealed a superior court order that affirmed the Town of Windham Zoning Board of Adjustment's (ZBA) denial of his request to reverse the administrative merger of certain lots. Finding that the…
Date: July 16, 2013
Docket Number: 2012-596
Justia Opinion Summary: Plaintiff Robin Plaisted appealed a superior court order that dismissed her case against defendant Jeffrey LaBrie as untimely. The issue between the parties stemmed from the contract to sell real estate. Plaintiff wrote,…
Date: June 28, 2013
Docket Number: 2012-174
Justia Opinion Summary: Defendant William Ploof was convicted by jury of aggravated felonious assault and conspiracy to commit felonious aggravated assault. On appeal, he argued that the evidence presented against him at trial was insufficient…
Date: June 28, 2013
Docket Number: 2012-255
Justia Opinion Summary: Petitioners Town of Newbury and Lake Sunapee Protective Association appealed a Wetlands Council decision. The Council upheld a grant by the Department of Environmental Services of a shoreland impact permit to respondent…
Date: June 28, 2013
Docket Number: 2012-492
Justia Opinion Summary: Defendant John Genovesi appealed the superior court's refusal to dismiss a claim against him for professional negligence brought by plaintiff Kimball Union Academy (KUA). KUA wanted a new field house built for its…
Date: June 28, 2013
Docket Number: 2012-705
Justia Opinion Summary: Respondents New Hampshire Fish & Game and the New Hampshire Council on Resources and Defelopment (CORD) appealed a superior court decision that granted summary judgment to petitioners Town of Newbury and Lake Sunapee…
Date: June 5, 2013
Docket Number: 2012-405
Justia Opinion Summary: Petitioners Thomas Morrissey, Margaret Russell, Dorothy Sears, Reginald Rogers, Barbara Sanders and others appealed a ruling of the New Hampshire Department of Environmental Services (DES) Wetlands Council (Council) that…
Date: June 5, 2013
Docket Number: 2012-485
Justia Opinion Summary: Respondent Town of Danville appealed a Superior Court order abating "land use change tax" (LUCT) assessments issued to petitioners Maplevale Builders, LLC, Hoyt Real Estate Trust, and John H. and Maryann Manning, on the…
Date: June 5, 2013
Docket Number: 2012-527
Justia Opinion Summary: Petitioner Justin Czyzewski appealed a Superior Court ruling that denied his request for a declaration that although he was convicted of attempted sexual assault, he was not required to register as a sex offender under…
Date: May 14, 2013
Docket Number: 2011-452
Justia Opinion Summary: Defendant Todd Leavitt appealed his convictions by jury on two counts of simple assault on a police officer. In 2010, the defendant called 9-1-1 and told the dispatcher that he was suicidal and needed an ambulance.…
Date: May 14, 2013
Docket Number: 2011-801
Justia Opinion Summary: After a jury trial, defendant Daniel Matton, was found guilty on two charges: assault by a prisoner as a class A felony and assault by a prisoner as a class B felony. On appeal, he argued that the Trial Court erred when…
Date: May 14, 2013
Docket Number: 2011-809
Justia Opinion Summary: The State appealed superior court orders that granted motions of defendant David McLeod to preclude certain expert testimony and to suppress an audio-recording of a one-party telephonic interception. This "cold" case…
Date: May 14, 2013
Docket Number: 2012-047
Justia Opinion Summary: Defendant Brendan Bisbee appealed his convictions by jury on five counts of perjury. In 2011, a grand jury returned indictments that charged defendant committed perjury when he testified before the grand jury, on or…
Date: May 14, 2013
Docket Number: 2012-238
Justia Opinion Summary: Respondent Cheryl C. appealed a circuit court order that granted a special petition to terminate her guardianship over her grandchildren Raven G. and Salem G. filed by the children's biological mother, petitioner Jessica…
Date: May 14, 2013
Docket Number: 2012-315
Justia Opinion Summary: Petitioner Christina Deyeso appealed a superior court order that denied her petition for a declaratory judgment and injunctive relief, and awarded summary judgment in favor of respondent Jules Cavadi, permitting the…
Date: May 14, 2013
Docket Number: 2012-353
Justia Opinion Summary: Defendant Allen Mercier appealed a superior court decision to deny his motion to suppress evidence that led to his convictions in a jury-waived trial for disobeying a police officer and driving while certified as a…
Date: May 7, 2013
Docket Number: 2011-258
Justia Opinion Summary: Defendant Christopher Gribble appealed his convictions for first-degree murder, attempted murder, conspiracy to commit first-degree murder, witness tampering, and conspiracy to commit burglary. On appeal, he argued that…
Date: April 30, 2013
Docket Number: 2011-746
Justia Opinion Summary: Plaintiff The Sunapee Difference, LLC appealed: (1) a superior court order that granted summary judgment to the State on Sunapee’s claims for breach of contract, equitable estoppel, promissory estoppel, breach of an…
Date: April 30, 2013
Docket Number: 2012-038
Justia Opinion Summary: A "substantial number" of post-arrest co-conspirator statements were improperly admitted in the trial of Defendant Hector Rodriguez. He was accused of burglary, conspiracy to commit burglary, first degree assault,…
Date: April 25, 2013
Docket Number: 2011-611
Justia Opinion Summary: Petitioner Hannaford Brothers Company appealed a superior court order that dismissed its appeal of a Town of Bedford Zoning Board of Adjustment (ZBA) decision for lack of standing. Petitioner owned and operated a 36,541…
Date: April 25, 2013
Docket Number: 2012-363
Justia Opinion Summary: Claimant William Stewart appealed a decision of the appeal tribunal, as affirmed by the appellate board of the New Hampshire Department of Employment Security (DES) that denied his application for unemployment benefits.…
Date: April 12, 2013
Docket Number: 2012-193
Justia Opinion Summary: Respondent Nissan North America, Inc. (Nissan) appealed a superior court decision that vacated decision of the New Hampshire Motor Vehicle Industry Board (Board) and ruled that RSA chapter 357-C rendered unenforceable a…
Date: April 12, 2013
Docket Number: 2012-252
Justia Opinion Summary: The City of Nashua appealed a New Hampshire Board of Tax and Land Appeals (BTLA) ruling that taxpayer Marijane Kennedy was entitled to an "elderly exemption" under RSA 72:39-a (2012) for the 2011 tax year. Upon review of…
Date: April 12, 2013
Docket Number: 2012-394
Justia Opinion Summary: Petitioners Steve and Laura Trefethen appealed a superior court order that dismissed their appeal from a Town of Derry Zoning Board of Adjustment for lack of subject matter jurisdiction. The Board concluded that the…
Date: April 12, 2013
Docket Number: 2012-490
Justia Opinion Summary: Petitioner Town of Bartlett Board of Selectmen appealed a superior court order that upheld a decision of the Town of Bartlett Zoning Board of Adjustment (ZBA) finding that a sign erected by intervenor River Run Company,…
Date: April 3, 2013
Docket Number: 2012-510
Justia Opinion Summary: Plaintiff Osahenrumwen Ojo appealed a superior court order that granted Defendants Officer Joseph Lorenzo and the Manchester Police Department's motion to dismiss. Plaintiff was stopped while walking away from his…
Date: March 29, 2013
Docket Number: 2012-300
Justia Opinion Summary: Petitioner David Stacy appealed a decision of the New Hampshire Bar Association Public Protection Fund Committee (PPFC) denying his claim for reimbursement for the fees and costs that he and his conservatorship estate…
Date: March 20, 2013
Docket Number: 2011-414
Justia Opinion Summary: Defendant Kevin Guay appealed his convictions for two counts of unlawful operation of a solid waste facility, and one count of unlawful maintenance of a subsurface septic system. Defendant was a land developer and…
Date: March 13, 2013
Docket Number: 2011-219
Justia Opinion Summary: Defendants Stryker Biotech, LLC, Stryker Sales Corporation (collectively Stryker) and Turner Construction Company, appealed a superior court ruling which found them liable on a theory of unjust enrichment and awarded…
Date: March 13, 2013
Docket Number: 2012-135
Date: March 13, 2013
Docket Number: 2012-165
Justia Opinion Summary: Defendant Matthew Blunt appealed a circuit court order that denied his motion to strike the imposition of class A misdemeanor sentences following his conviction of simple assault and resisting arrest. On appeal to the…
Date: March 13, 2013
Docket Number: 2012-195
Justia Opinion Summary: Defendant Ryan Martin appealed a superior court ruling that sentenced him to both a stand-committed prison term of one to three years and probation for two years. Finding no error nor abuse of discretion in the superior…
Date: March 13, 2013
Docket Number: 2012-240
Justia Opinion Summary: Defendant Robin Lukas appealed a superior court decision that denied her motion to dismiss the indictment against her for theft by unauthorized taking, a class B felony. The only issue on appeal was whether defendant,…
Date: February 25, 2013
Docket Number: 2011-624
Justia Opinion Summary: Defendant Amato Russo appealed his conviction by jury on two counts of theft by deception and two alternative counts of theft by unauthorized taking. He argued on appeal that the superior court erred in denying his…
Date: February 25, 2013
Docket Number: 2011-646
Justia Opinion Summary: Petitioner Eric Johnson appealed a New Hampshire Public Employee Labor Relations Board (PELRB) decision finding insufficient evidence to support his claim that Respondent New Hampshire Troopers Association (Union)…
Date: February 25, 2013
Docket Number: 2012-051
Justia Opinion Summary: Defendant Scott Schultz appealed a circuit court order that denied his motion to dismiss and one that granted judgment to plaintiff Wells Fargo Bank in an action for possession of real estate. Defendant was notified that…
Date: February 25, 2013
Docket Number: 2012-088
Justia Opinion Summary: Respondent Philadelphia Indemnity Insurance Company appealed a superior court order that found Petitioner Great American Dining, Inc (GAD) was an additional insured under a Philadelphia policy. The dispute arose from a…
Date: February 25, 2013
Docket Number: 2012-091
Justia Opinion Summary: Defendant Nicholas Trebian was convicted by jury of possessing marijuana with the intent to sell, and possession of a controlled drug (ecstasy). On appeal, he argued that the trial court erred in denying his motion to…
Date: February 25, 2013
Docket Number: 2012-176
Justia Opinion Summary: Petitioners Stephen Bartlett and others, appealed a superior court order that vacated a City of Manchester Zoning Board of Adjustment decision which granted intervenor Brookside Congregational Church a variance. Although…
Date: February 25, 2013
Docket Number: 2012-217
Justia Opinion Summary: Plaintiff Paul Sangedolce appealed a superior court decision that granted defendant Telegraph Publishing Company's motion to dismiss. Plaintiff, an inmate in state prison, sued the newspaper run by defendant Telegraph…
Date: February 25, 2013
Docket Number: 2012-451
Justia Opinion Summary: Plaintiff Mark Case appealed a superior court order that granted summary judgment to defendant St. Mary's Bank and denied his cross-motion for summary judgment on his claims that the bank engaged in trespass and violated…
Date: February 13, 2013
Docket Number: 2011-394
Justia Opinion Summary: Defendant Jeremy Miller appealed a superior court order that found in favor of plaintiffs, Lakes Region Gaming, LLC and three of its members on their claims that Defendant breached his fiduciary duties to them. The claim…
Date: February 13, 2013
Docket Number: 2011-570
Justia Opinion Summary: Defendant was convicted by jury of attempted kidnapping and attempted aggravated felonious sexual assault. On appeal of his conviction, he argued that : (1) he was denied a unanimous jury verdict on the attempted…
Date: February 13, 2013
Docket Number: 2012-198
Justia Opinion Summary: Respondent J Four Realty, LLC appealed a circuit court order that found it violated RSA 540-A:2 and :3, II (2007) by using self-help to evict petitioner Mary Evans, and awarding her actual damages of $3,000 and…
Date: February 13, 2013
Docket Number: 2012-364
Justia Opinion Summary: Petitioner Signal Aviation Services, Inc. appealed a superior court order which granted a motion to dismiss filed by the City of Lebanon. The City entered into a twenty year lease with HL Leasing for certain municipal…
Date: February 8, 2013
Docket Number: 2011-595
Justia Opinion Summary: The State appealed a superior court order which granted defendant Patrick Eschenbrenner a new trial on three counts of aggravated felonious sexual assault based on the court's conclusion that defendant received…
Date: February 8, 2013
Docket Number: 2011-786
Justia Opinion Summary: Defendant Lynn Dion was convicted by jury of negligent homicide. She appealed her conviction arguing: (1) using a cell phone while driving does not constitute the requisite wrongful conduct to establish the culpable…
Date: February 8, 2013
Docket Number: 2012-057
Justia Opinion Summary: Petitioner Laconia Patrolman Association appealed a Public Employee Labor Relations Board (PELRB) finding that respondent the Laconia Police Commission did not commit certain unfair labor practices. The matter stemmed…
Date: January 30, 2013
Docket Number: 2011-776
Justia Opinion Summary: Respondent William Rines appealed a superior court order that enjoined him from excavating on his property until he obtained a local use variance from Petitioner Town of Carroll. Ultimately, the trial court concluded…
Date: January 11, 2013
Docket Number: 2010-634
Justia Opinion Summary: Petitioner Julie Shelton, trustee of the Elizabeth M. Tamposi Trusts (the EMT trusts), appealed a "lengthy and detailed" order of the Hillsborough County Probate Court that dismissed the complaint filed by: (1) Shelton,…
Date: January 11, 2013
Docket Number: 2011-456
Justia Opinion Summary: Respondent Nahla Abounaja appealed a district court order that awarded petitioner Myla Randall, $18,000 in damages because of the respondent's willful failure to provide heat to the petitioner's apartment for eighteen…
Date: January 11, 2013
Docket Number: 2011-736
Justia Opinion Summary: In an appeal from a final divorce decree, respondent William Muller challenged the trial court's rulings apportioning the equity in the marital home and imputing $68,000 in annual income to him for child support. Upon…
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