New Hampshire Supreme Court Decisions 2015

Deere & Co. v. New Hampshire  
Date: December 29, 2015
Docket Numbers: 2014-0315, 2014-0441, 2014-0575

Justia Opinion Summary: In consolidated appeals, petitioners Deere & Company, CNH America LLC (CNH), AGCO Corporation (AGCO), Kubota Tractor Corporation (Kubota), and Husqvarna Professional Products, Inc. (Husqvarna), all appealed superior cour...

Farrelly v. City of Concord  
Date: December 23, 2015
Docket Number: 2014-0480

Justia Opinion Summary: Plaintiff John Farrelly appealed a superior court order granting summary judgment in favor of defendants Concord police officers Walter Carroll and Eric Pichler and the City of Concord (city), on grounds that defendants...

University System of New Hampshire Board of Trustees v. Dorfsman  
Date: December 23, 2015
Docket Number: 2015-0187

Justia Opinion Summary: Respondents Marco Dorfsman and the University of New Hampshire Chapter of the American Association of University Professors (Union), appealed a superior court order granting the petition for declaratory relief filed by p...

New Hampshire v. Palermo  
Date: December 18, 2015
Docket Number: 2013-0076

Justia Opinion Summary: A jury convicted defendant Christopher Palermo on one count of aggravated felonious sexual assault, one count of criminal trespass, and two counts of simple assault. On appeal, he argued that the trial court erred by: (1...

New Hampshire v. Sanborn  
Date: December 18, 2015
Docket Number: 2013-0882

Justia Opinion Summary: A jury convicted defendant Craig Sanborn on two counts each of manslaughter and negligent homicide as the result of an explosion that killed two employees at his gunpowder factory. The court sentenced him to consecutive...

In the Matter of Lynn Mortner and Theodore Mortner  
Date: December 18, 2015
Docket Number: 2015-0115

Justia Opinion Summary: Judith Mortner, temporary administrator of the estate of respondent Theodore Mortner (Husband), appealed, and petitioner, Lynn Mortner (Wife), cross-appealed a circuit court order abating the Wife’s divorce action and va...

Town of Londonderry v. Mesiti Development, Inc.  
Date: December 4, 2015
Docket Number: 2014-0291

Justia Opinion Summary: Respondents Mesiti Development, Inc., JVL Construction Company, Inc., and Brook Hollow Corporation, appealed a superior court order dismissing their counterclaims against petitioner Town of Londonderry. In 2012, the Town...

In the Matter of Harman & McCarron  
Date: December 2, 2015
Docket Number: 2015-0273

Justia Opinion Summary: Petitioner Terrie Harman appealed a circuit court order denying her and her ex-husband Thomas McCarron's request to un-do their divorce. The parties were married in 1989. In July 2014, they were granted an uncontested d...

Frost v. Delaney  
Date: November 17, 2015
Docket Number: 2014-0580

Justia Opinion Summary: This appeal and cross-appeal arose out of a civil action by plaintiffs, Jeffrey Frost, Frost Family, LLC (Frost Family), and Chretien/Tillinghast, LLC (Chretien), against Michael Delaney, individually and as former attor...

Cohen v. Raymond  
Date: November 17, 2015
Docket Number: 2014-0762

Justia Opinion Summary: Steven Cohen met John Raymond when Raymond began dating Cohen’s stepdaughter, Molly, whom Raymond eventually married. Cohen owned a successful scrap metal company and offered Raymond a job. Cohen knew a broker and privat...

New Hampshire v. King  
Date: November 10, 2015
Docket Number: 2014-0576

Justia Opinion Summary: Defendant Marianne King was convicted by jury on one count of theft by unauthorized taking. At trial, defendant argued that it was error to instruct the jury that “if there is a conflict between witnesses who offer direc...

New Hampshire v. Fedor  
Date: November 10, 2015
Docket Number: 2014-0607

Justia Opinion Summary: Defendant Lisa Tagalakis Fedor was convicted by jury of knowingly keeping or maintaining a common nuisance. Defendant lived in Manchester with her boyfriend and her two children. In January 2013, the boyfriend approached...

New Hampshire v. Pennock  
Date: October 27, 2015
Docket Numbers: 2014-0112, 2014-0743

Justia Opinion Summary: In consolidated appeals, defendant Samuel Pennock, appealed his conviction by a jury of felony simple assault, and the superior court’s denial of his post-conviction motion to vacate his sentence and for a new trial. On...

Aranosian Oil Co., Inc. v. New Hampshire  
Date: October 27, 2015
Docket Number: 2014-0553

Justia Opinion Summary: The Environmental Protection Agency (EPA) required that owners of underground storage tanks demonstrate their ability to pay cleanup costs and compensate third parties for bodily injury and property damage arising out of...

STIHL, Inc. v. New Hampshire  
Date: October 27, 2015
Docket Number: 2014-0619

Justia Opinion Summary: In a declaratory judgment action, the State appealed a superior court order granting summary judgment in favor of plaintiff STIHL Incorporated (individually, and d/b/a Northeast STIHL). STIHL is a corporation that manufa...

New Hampshire v. Houghton  
Date: October 14, 2015
Docket Number: 2014-0362

Justia Opinion Summary: Following a jury trial, defendant James Houghton was convicted on 23 charges of possession of child pornography. On appeal, defendant argued that the evidence at trial was insufficient to prove beyond a reasonable doubt...

Celestica, LLC v. Communications Acquisitions Corp.  
Date: October 14, 2015
Docket Number: 2014-0465

Justia Opinion Summary: After a bench trial, the court denied plaintiff Celestica, LLC’s request for a declaration that defendant Communications Acquisitions Corporation d/b/a Whaleback Managed Services (CAC) was obligated to pay the balance of...

New Hampshire v. Mandatory Poster Agency, Inc.  
Date: October 14, 2015
Docket Number: 2014-0686

Justia Opinion Summary: Defendant was a Michigan-based company that “assists corporations in complying with regulations associated with the conduct of corporate business by supplying annual corporate consent documents” by way of direct mail. De...

New Hampshire v. Exxon Mobil Corporation
Date: October 2, 2015
Docket Numbers: 2013-0591, 2013-0668
New Hampshire v. Cooper  
Date: September 22, 2015
Docket Number: 2013-0623

Justia Opinion Summary: Defendant Vincent Cooper appealed his convictions after a jury found him guilty of armed robbery and conspiracy to commit armed robbery. He argued on appeal to the Supreme Court that the Superior Court erred by allowing...

Town of Bartlett v. Furlong  
Date: September 22, 2015
Docket Number: 2014-0063

Justia Opinion Summary: Defendant Edward C. Furlong, III appealed a circuit court order awarding judgment in favor of plaintiff the Town of Bartlett (Town) in a zoning enforcement action. Defendant's primary argument on appeal was that the tria...

New Hampshire v. Boisvert  
Date: September 22, 2015
Docket Number: 2014-0264

Justia Opinion Summary: Defendant Christopher Boisvert appealed his conviction for welfare fraud. Defendant was the father of Carrie Gray's two children. He and Gray moved into a Bristol apartment in 2009 or 2010. Defendant's name was removed f...

New Hampshire v. Gilley  
Date: September 22, 2015
Docket Number: 2014-0378

Justia Opinion Summary: Defendant Shawn Gilley was convicted on one count of class A felony burglary. The burglary statute elevated the offense from a class B to a class A felony when it was "perpetrated in the dwelling of another at night." Be...

Maldini v. Maldini  
Date: September 22, 2015
Docket Number: 2014-0417

Justia Opinion Summary: The parties were married in 1985, and defendant filed for divorce in late September 2007. As relevant here, the parties filed joint personal income tax returns for the tax years 2004, 2005, and 2006, and filed separately...

Merriam Farm, Inc. v. Town of Surry  
Date: September 22, 2015
Docket Number: 2014-0702

Justia Opinion Summary: Petitioner Merriam Farm, Inc. appealed a superior court decision dismissing its appeal of a Zoning Board of Adjustment (ZBA) decision of the respondent, Town of Surry (Town), on the basis that the appeal was barred by cl...

McCarthy v. Manchester Police Dept.  
Date: September 22, 2015
Docket Number: 2014-0773

Justia Opinion Summary: Plaintiff Scott McCarthy appealed a Superior Court decision to dismiss his defamation action against defendants, the Manchester Police Department (MPD) and MPD Sergeant Craig Rousseau, on grounds that municipal immunity...

In the Matter of Diana Wolters & John Wolters  
Date: September 15, 2015
Docket Numbers: 2014-0503, 2013-0411

Justia Opinion Summary: In consolidated appeals, petitioner Diana Wolters, and respondent John Wolters, appealed circuit court orders pertaining to their divorce proceeding. Diana argued the original trial judge erred by denying her motion to r...

Gauthier v. Manchester School District, SAU #37  
Date: September 4, 2015
Docket Number: 2014-0496

Justia Opinion Summary: While riding on a school bus, Morgan Graveline was involved in an altercation with a another student, A.M. A.M. punched Morgan in the face. The bus driver reported the incident three days later. The school principal, Bar...

In the Matter of Glenda J. Ball and Frank A. Ball  
Date: August 20, 2015
Docket Number: 2014-0493

Justia Opinion Summary: Respondent Frank Ball appealed a circuit court order denying his motion to terminate his child support obligation as to his and Glenda Ball's eldest child. Respondent argued as grounds for termination the child having tu...

Appeal of Robert Michele  
Date: August 11, 2015
Docket Number: 2014-0509

Justia Opinion Summary: Petitioners Robert and Katherine Michele, trustees of the Robert C. Michele Revocable Trust (Micheles), appealed a Wetlands Council decision to uphold a decision of the New Hampshire Department of Environmental Services...

Accurate Transport, Inc. v. Town of Derry  
Date: August 11, 2015
Docket Number: 2014-0512

Justia Opinion Summary: Respondent Town of Derry appealed a Superior Court decision granting the motion for summary judgment filed by petitioners, Accurate Transport, Inc. and 41 Ashleigh Drive, LLC (Ashleigh Drive), on the basis that an abutte...

Mountain View Park, LLC v. Robson  
Date: August 11, 2015
Docket Number: 2014-0578

Justia Opinion Summary: Plaintiff-landlord, Mountain View Park, LLC appealed a circuit court decision in which the court declined to approve an agreement concerning, in part, rent arrearages owed by defendant-tenant Gerald Robson, Jr., and issu...

Eldridge v. Rolling Green at Whip-Poor-Will Condo. Owners Ass'n  
Date: August 7, 2015
Docket Number: 2014-0540

Justia Opinion Summary: Plaintiff David Eldridge was a resident and condominium owner at the Whip-Poor-Will Condominium Complex in Hudson. The condominium complex was governed by two different entities: the Condominium Owners' Association (COA)...

New Hampshire v. Kean  
Date: August 7, 2015
Docket Number: 2014-0566

Justia Opinion Summary: Defendant Christopher Kean appealed a superior court order granting in part and denying in part his motion for return of property. Defendant, while wearing an official but discontinued Manchester Police jacket, was obser...

Kukesh v. Mutrie  
Date: August 4, 2015
Docket Number: 2014-0402

Justia Opinion Summary: Plaintiffs were four police officers who served on a drug task force who received reports that defendant’s 29-year-old son was engaged in illegal drug activity at a property in Greenland where he lived. The property was...

Hogan v. Pat's Peak Skiing, LLC  
Date: July 28, 2015
Docket Number: 2014-0420

Justia Opinion Summary: Plaintiffs Deborah and Matthew Hogan appealed a Superior Court decision granting defendant Pat’s Peak Skiing, LLC's motion to dismiss their case. On February 4, 2012, both plaintiffs fell from a ski chairlift while skiin...

Bergeron v. New York Community Bank  
Date: July 24, 2015
Docket Number: 2014-0185

Justia Opinion Summary: Plaintiff Jillian Bergeron appeals a Superior Court order lifting a preliminary injunction on the foreclosure sale of her home and dismissing her case. Plaintiff executed a promissory note in favor of Drew Mortgage Assoc...

In the Matter of Rokowski  
Date: July 23, 2015
Docket Number: 2014-0617

Justia Opinion Summary: Respondent Shane Rokowski appealed the final decree in his divorce from petitioner Tammy Rokowski. On appeal, he argued that the Circuit Court erred by: (1) conducting its own internet research to ascertain the value of...

New Hampshire v. Mouser  
Date: July 15, 2015
Docket Number: 2013-0554

Justia Opinion Summary: On June 7, 2012, Joseph Jennings was arrested on drug-related charges and released on personal recognizance bail to the custody of defendant. That day, he was also served with a temporary order of protection that prohibi...

New Hampshire v. Pinault  
Date: July 15, 2015
Docket Number: 2014-0281

Justia Opinion Summary: In 2013, defendant Louise Pinault was involved in two motor vehicle accidents in Hollis. She was charged with driving under the influence (DUI) and with violating the “conduct after an accident” statute. Following a benc...

In the Matter of Sheys & Blackburn  
Date: July 15, 2015
Docket Number: 2014-0457

Justia Opinion Summary: The parties were married in August 2005 and were divorced by a New Hampshire court in 2009. When they divorced, both parties lived and worked in New Hampshire. The parties had two children. The parenting plan entered wit...

Pike v. Deutsche Bank National Trust Co.  
Date: July 15, 2015
Docket Number: 2014-0594

Justia Opinion Summary: Petitioner Jennifer Pike appealed a Superior Court order granting summary judgment to respondent Deutsche Bank National Trust Company (as Trustee), in her action to enjoin the foreclosure sale of real property located in...

Lamb v. Shaker Regional Sch. Dist.  
Date: July 15, 2015
Docket Number: 2014-0635

Justia Opinion Summary: In 2012, Logan Lamb, a student at a school operated by defendant, the Shaker Regional School District, was playing football on the playground during the lunch recess when another student tackled him and “slammed him to t...

Dolbeare v. City of Laconia  
Date: July 15, 2015
Docket Number: 2014-0703

Justia Opinion Summary: The City of Laconia owned and maintained Opechee Park. In May 2012, plaintiff Margaret Dolbeare was enjoying the playground equipment at the park with her granddaughter. As plaintiff approached the park swings, her foot...

Petition of Warden, New Hampshire State Prison  
Date: July 10, 2015
Docket Number: 2015-0203

Justia Opinion Summary: Respondent Jerry Roberts was convicted of aggravated felonious sexual assault (AFSA) and sentenced to four-to-ten years at the New Hampshire State Prison. Respondent also received a sentence of one-to-two years for relat...

New Hampshire v. Collins  
Date: July 2, 2015
Docket Number: 2014-0078

Justia Opinion Summary: Defendant Steven Collins was convicted by jury on one count of aggravated felonious sexual assault (AFSA), and two counts of felonious sexual assault (FSA). The three charges involved the same victim. The AFSA charge all...

Duchesne v. Hillsborough County Attorney  
Date: June 25, 2015
Docket Number: 2014-0028

Justia Opinion Summary: Petitioners Jonathan Duchesne, Matthew Jajuga, and Michael Buckley, appealed a superior court decision denying their request for a declaratory judgment and an injunction to remove their names from the so-called "Laurie L...

In the Matter of Robert Kempton & Peggy Kempton  
Date: June 25, 2015
Docket Number: 2014-0133

Justia Opinion Summary: Petitioner Robert Kempton appealed, and respondent Peggy Kempton cross-appealed their final divorce decree. Petitioner argued that the trial court erred by denying his request for a fault-based divorce. He also challenge...

In re K.H.  
Date: June 19, 2015
Docket Number: 2014-0642

Justia Opinion Summary: Respondent D.H. appealed a circuit court order that granted the New Hampshire Division for Children, Youth and Families' petition (DCYF) to terminate his parental rights over his son, K.H., on the ground that he failed t...

Forster v. Town of Henniker  
Date: June 12, 2015
Docket Number: 2013-0893

Justia Opinion Summary: Petitioner Stephen Forster, d/b/a Forster's Christmas Tree Farm & Gift Shoppe, appealed a superior court decision to uphold a zoning board of adjustment (ZBA) determination in favor of respondent the Town of Henniker tha...

City of Keene v. Cleaveland  
Date: June 9, 2015
Docket Number: 2013-0885

Justia Opinion Summary: Petitioner City of Keene appealed a superior court order dismissing its claims of tortious interference with contractual relations, negligence, and civil conspiracy, and denying its request for preliminary and permanent...

New Hampshire v. Lisasuain  
Date: June 5, 2015
Docket Number: 2014-0071

Justia Opinion Summary: Defendant Armando Lisasuain was convicted by jury of, among other offenses, two counts of aggravated felonious sexual assault. On appeal, the argued that the trial court: (1) erred by finding that the State presented suf...

Nashua Coliseum, LLC v. City of Nashua  
Date: June 5, 2015
Docket Number: 2014-0428

Justia Opinion Summary: Respondent City of Nashua appealed a Superior Court order ruling that it could properly consider a tax abatement for the 2012 tax year for petitioner-taxpayer Nashua Coliseum, LLC. On appeal, the parties proposed contrar...

Achille v. Achille  
Date: May 27, 2015
Docket Number: 2014-0209

Justia Opinion Summary: In June 2012, after the parties had been married for more than 30 years, petitioner Susan Achille filed for a no-fault divorce. At the time, the parties lived in separate residences at the same address. One night in earl...

Appeal of New Hampshire Retirement System  
Date: May 22, 2015
Docket Number: 2014-0312

Justia Opinion Summary: Petitioner New Hampshire Retirement System (NHRS) appealed a decision of the New Hampshire Public Employee Labor Relations Board (PELRB) denying the NHRS’s petition to modify the composition of respondent Local 1984 (a b...

Kingston Place, LLC v. New Hampshire Dept. of Transportation  
Date: May 22, 2015
Docket Number: 2014-0458

Justia Opinion Summary: Petitioner Kingston Place, LLC appealed a Superior Court order granting summary judgment to respondent New Hampshire Department of Transportation (DOT) on petitioner's claims that the DOT's long delay in taking a portion...

New Hampshire v. Laux  
Date: May 22, 2015
Docket Number: 2014-0595

Justia Opinion Summary: The State appealed a circuit court order that dismissed the habitual offender prosecution of defendant Steven Laux based upon the State’s failure to provide discovery prior to the preliminary, or probable cause, hearing...

New Hampshire v. Bickford  
Date: May 19, 2015
Docket Number: 2013-0796

Justia Opinion Summary: Defendants Gerald Mandelbaum, Christopher Lajoie, Nicholas Meuse, Michael Garrity, and Wayne Bickford, were charged with operating a taxicab business without a license from the City of Manchester. The circuit court grant...

New Hampshire v. Maxfield  
Date: May 19, 2015
Docket Number: 2014-0200

Justia Opinion Summary: In 2011, Lincoln police charged defendant Jeffrey Maxfield with criminal mischief, a class A misdemeanor offense. The complaint alleged that defendant had recklessly damaged another’s property at a motel in Lincoln. A ju...

Conant v. O'Meara  
Date: May 15, 2015
Docket Number: 2013-0874

Justia Opinion Summary: Respondent Timothy O’Meara appealed a superior court order granting summary judgment against him and his law firm, O’Meara Newborn, PLLC, in an action brought by petitioners James and Anita Conant for the equitable recov...

Guare v. New Hampshire  
Date: May 15, 2015
Docket Number: 2014-0558

Justia Opinion Summary: The State appealed a superior court order denying its motion for summary judgment and granting that of petitioners, Annemarie. Guare, Cody Blesedell, Garret Healey, Joan Ashwell, and the League of Women Voters, on their...

New Hampshire v. Francis  
Date: May 12, 2015
Docket Number: 2013-0747

Justia Opinion Summary: Defendant Michael Francis appealed his conviction of possessing heroin with the intent to dispense. He argued on appeal to the Supreme Court that: (1) the Superior Court erred in denying his motion to suppress evidence o...

New Hampshire v. Ducharme  
Date: May 12, 2015
Docket Number: 2014-0025

Justia Opinion Summary: Defendant Alex Ducharme was convicted of driving under the influence after a bench trial. He appealed, arguing the trial court erred: (1) in ruling police had probable cause to arrest him for DUI; (2) in concluding that...

Marco Petroleum Industries, Inc. v. Comm'r, New Hamp. Dept. of Safety  
Date: May 12, 2015
Docket Number: 2014-0117

Justia Opinion Summary: The New Hampshire Motor Vehicle Road Toll Law imposed a road toll “upon the sale of each gallon of motor fuel sold by distributors thereof.” On multiple occasions between June 2008 and March 2011, Marco Petroleum Industr...

In the Matter of P.B. & T.W.  
Date: May 12, 2015
Docket Number: 2014-0224

Justia Opinion Summary: Petitioners P.B. and S.B. appealed a Circuit Court order approving a Judicial Referee’s recommendation that their petition for visitation with their grandson C.W. be denied. Respondents T.W. and S.W. cross-appealed the o...

New Hampshire v. Scott  
Date: May 12, 2015
Docket Number: 2014-0407

Justia Opinion Summary: Defendant Richard Scott was convicted by jury on one count of attempted murder, and one count of being a felon in possession of a deadly weapon. Defendant confronted his eventual victim over alleged money owed. Defendant...

New Hampshire v. Addison  
Date: April 30, 2015
Docket Number: 2008-0945

Justia Opinion Summary: In 2008, defendant Michael Addison was convicted of the 2006 capital murder of Manchester Police Officer Michael Briggs and sentenced to death. The New Hampshire Supreme Court subsequently affirmed defendant’s conviction...

In the Matter of Conant & Faller  
Date: April 30, 2015
Docket Number: 2014-0063

Justia Opinion Summary: Petitioner Valentina Conant appealed, and respondent William Faller, cross-appealed, the final parenting plan issued by the Circuit Court. Respondent also cross-appealed the trial court’s order concerning child support a...

CaremarkPCS Health, LLC v. New Hampshire Dept. of Admin. Svc.  
Date: April 30, 2015
Docket Number: 2014-0120

Justia Opinion Summary: Respondent New Hampshire Department of Administrative Services (appealed a Superior Court order that granted summary judgment in favor of petitioner CaremarkPCS Health, LLC (Caremark). In 2010, the Department issued a Re...

New Hampshire Fish & Game Dept. v. Bacon  
Date: April 30, 2015
Docket Number: 2014-0158

Justia Opinion Summary: Defendant Edward Bacon appealed a circuit court order that found he violated RSA 206:26-bb (2011) (amended 2014) by acting negligently while hiking, so as to require a search and rescue effort by the plaintiff, the New H...

Mellin v. Northern Security Insurance Company, Inc.  
Date: April 24, 2015
Docket Number: 2014-0020

Justia Opinion Summary: Plaintiffs Doug and Gayle Mellin brought a declaratory judgment action asserting, in relevant part, that their homeowner’s insurance policy with defendant Northern Security Insurance Company, Inc. required Northern to re...

Opinion of the Justices (Domicile for Voting Purposes)
Date: April 9, 2015
Docket Number: 2015-0171
JP Morgan Chase Bank, NA v. Grimes  
Date: April 7, 2015
Docket Number: 2014-0126

Justia Opinion Summary: Defendant Heilan Grimes appealed a Circuit Court order granting a writ of possession for property located in Nashua to plaintiff JP Morgan Chase Bank, NA. The sole issue on appeal was whether, under RSA 540:2, II(e) (Sup...

Choquette v. Roy  
Date: April 3, 2015
Docket Number: 2013-0743

Justia Opinion Summary: Petitioners Raymond and Pamela Choquette filed separate petitions against respondents Phillippe Roy (P.E. Roy), individually and as trustee of the Roy Family Trust, Jason Roy and Thomas and Kelly Robichaud. Consolidated...

Bartlett v. Commerce Ins. Co.  
Date: April 3, 2015
Docket Number: 2014-0285

Justia Opinion Summary: Petitioner Terry Ann Bartlett was injured in a motor vehicle accident in New York in August 2004, when the motorcycle owned and operated by Jeffrey Vilagos on which she was a passenger, was struck by a motor vehicle oper...

Murray v. McNamara  
Date: March 20, 2015
Docket Number: 2013-0630

Justia Opinion Summary: Defendants, Keith McNamara, Shirley Benton, and Jerel Benton, appealed: (1) a jury verdict in favor of the plaintiffs, Richard and Mary Murray, on their claim that the defendants breached the implied warranty of workmanl...

New Hampshire v. Thelusma  
Date: March 20, 2015
Docket Number: 2013-0828

Justia Opinion Summary: Defendant Makenzy Thelusma was convicted by jury of possession of heroin, cocaine, and marijuana. Defendant appealed, arguing that: (1) an inculpatory statement he made to the police should have been suppressed; and (2)...

Appeal of Brandon Kelly  
Date: March 20, 2015
Docket Number: 2013-0867

Justia Opinion Summary: Petitioner Brandon Kelly challenged a decision of the New Hampshire Compensation Appeals Board (CAB) denying his claim for workers' compensation benefits for severe injuries he sustained while driving between a job site...

Village Green Condo. Ass'n v. Hodges  
Date: March 20, 2015
Docket Number: 2014-0141

Justia Opinion Summary: In this declaratory judgment proceeding, respondents, David and Joanne Hodges, appealed a Superior Court order ruling that they must contribute to the maintenance and repair of an easement they hold over property owned b...

New Hampshire v. West  
Date: February 25, 2015
Docket Number: 2013-0812

Justia Opinion Summary: Defendant Stanley West, II was convicted by jury on three counts of simple assault and one count of resisting arrest or detention. At trial, defendant objected to the trial court's proposed jury instruction on the defens...

DuPont v. Nashua Police Department  
Date: February 20, 2015
Docket Numbers: 2013-0513, 2014-0017

Justia Opinion Summary: In consolidated cases, petitioner Gregory DuPont, appealed: (1) a circuit court order affirming the revocation by the respondent City of Nashua (City), through its chief of police, of his license to carry a loaded pistol...

New Hampshire v. Mayo  
Date: February 20, 2015
Docket Number: 2013-0869

Justia Opinion Summary: Defendant Josiah Mayo appealed after a jury convicted him of first degree assault with a deadly weapon, and reckless second degree assault. On appeal, he argued that the Superior Court erred by: (1) failing to instruct t...

Lennartz v. Oak Point Associates, P.A.  
Date: February 20, 2015
Docket Number: 2014-0160

Justia Opinion Summary: The defendants were involved in various aspects of the design, construction, and installation of a ventilation system in a research laboratory at the University of New Hampshire (UNH). By November 2003, the project was s...

New Hampshire v. Craig  
Date: February 12, 2015
Docket Number: 2013-0229

Justia Opinion Summary: A jury convicted defendant Brian Craig on one count of criminal threatening, one count of witness tampering, and one count of stalking. The convictions arose from a series of messages defendant posed on his Facebook page...

John Doe v. New Hampshire  
Date: February 12, 2015
Docket Number: 2013-0496

Justia Opinion Summary: Petitioner John Doe appealed a superior court order granting summary judgment to the State on his declaratory judgment action. In that action, petitioner sought a ruling that RSA chapter 651-B was unconstitutional as app...

Ingram v. Drouin  
Date: February 12, 2015
Docket Number: 2013-0543

Justia Opinion Summary: Plaintiffs Dean and Suzanne Ingram appealed a superior court order granting summary judgment to defendants Michael Drouin and Drouin Builders, Inc. on plaintiffs' claims for damages. The dispute arose over the sale of a...

New Hampshire v. McGill  
Date: February 12, 2015
Docket Number: 2013-0776

Justia Opinion Summary: Defendant Jason McGill appealed his conviction by jury of felony delivery of an unlawful article to a prisoner On appeal, he argued that the superior court erred in its instructions to the jury that in order to convict,...

New Hampshire v. Towle  
Date: January 29, 2015
Docket Number: 2013-0217

Justia Opinion Summary: Defendant Robert Towle was convicted by jury on four counts of aggravated felonious sexual assault for engaging in fellatio and anal penetration with his minor son, and on four counts of criminal liability for the conduc...

New Hampshire v. Balch  
Date: January 29, 2015
Docket Number: 2013-0392

Justia Opinion Summary: After a jury trial, defendant Kevin Balch was convicted on two counts of burglary, six counts of receiving stolen property, and six counts of violating the armed career criminal statute. On appeal, defendant challenged t...

In re B.C.  
Date: January 29, 2015
Docket Number: 2013-0542

Justia Opinion Summary: B.C. (a juvenile) was fourteen years of age when she was arrested for shoplifting merchandise from "Claire's," a discount jewelry store in the Rockingham Mall. She was transported, in handcuffs, to the Salem Police stati...

New Hampshire v. Broadus  
Date: January 22, 2015
Docket Number: 2013-0757

Justia Opinion Summary: Defendant Taneal Broadus was convicted by jury on one felony count each of possession of oxycodone and codeine, and one misdemeanor count of possession of marijuana. She challenged only the felony convictions, arguing on...

New Hampshire v. Justin  
Date: January 16, 2015
Docket Number: 2013-0290

Justia Opinion Summary: Defendant Justin Roy was convicted by jury on two counts of kidnapping, on count of first degree assault, four counts of second degree assault, one count of criminal restraint, and two counts of simple assault. These cha...

American Federation of Teachers v. New Hampshire  
Date: January 16, 2015
Docket Number: 2013-0821

Justia Opinion Summary: The State appealed a Superior Court’s ruling that legislative changes to the definition of "earnable compensation" applicable to members of the New Hampshire Retirement System violated the Contract Clauses of the New Ham...

Holt v. Keer  
Date: January 13, 2015
Docket Number: 2013-0491

Justia Opinion Summary: This case involved a four-unit condominium located on Boston Avenue in Hampton, known as the Boston Four Condominium. Each unit was a free-standing residential building. The four units are arranged in a rectangle; units...

Cogswell Farm Condominium Ass'n v. Tower Group, Inc.  
Date: January 13, 2015
Docket Number: 2013-0568

Justia Opinion Summary: Petitioner Cogswell Farm Condominium Association filed a declaratory judgment action with respect to two exclusions in insurance policies issued by respondents Tower Group, Inc. and Acadia Insurance Company. The trial co...

New Hampshire v. Cloutier  
Date: January 13, 2015
Docket Number: 2013-0637

Justia Opinion Summary: Defendant Elizabeth Cloutier was convicted by jury on one count of burglary. The defendant was a friend of the victim and had recently helped the victim locate a safe that had been stolen from her home. Defendant went to...

New Hampshire v. Carr  
Date: January 13, 2015
Docket Number: 2014-0044

Justia Opinion Summary: Defendant Colleen Carr was convicted by jury on one count of felony criminal solicitation of accomplice to insurance fraud, and two counts of felony witness tampering. These charges arose out of a scheme defendant propos...

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