New Hampshire Supreme Court Decisions 2019

New Hampshire v. Benner  
Date: May 17, 2019
Docket Number: 2017-0687

Justia Opinion Summary: Defendant Laryssa Benner appealed a superior court decision imposing a deferred sentence. Defendant was originally sentenced to twelve months in the house of corrections for misdemeanor theft by deception. The sentence w...

New Hampshire v. Spaulding  
Date: May 17, 2019
Docket Number: 2019-0028

Justia Opinion Summary: Defendant Paul Spaulding appealed a superior court order that he be detained without bail pending resolution of charges against him. Defendant was charged with two counts of misdemeanor domestic violence, one count of fe...

New Hampshire v. Marin  
Date: May 10, 2019
Docket Number: 2016-0701

Justia Opinion Summary: Defendant Katlyn Gage Marin was convicted in a bench trial of the second degree murder of her three-year-old daughter, Brielle Gage. Before trial, she moved to suppress statements she made to the police prior to being ad...

New Hampshire v. Mfataneza  
Date: May 10, 2019
Docket Number: 2017-0693

Justia Opinion Summary: After a bench trial on stipulated facts, defendant Jean Claude Mfataneza was convicted of aggravated driving while intoxicated. On appeal, he argued the trial court erred in concluding that RSA 265-A:8 (2014) (amended 20...

Riso v. Riso  
Date: May 10, 2019
Docket Number: 2018-0268

Justia Opinion Summary: In 2016, petitioners Kenneth T. Riso and Rocco R. Riso, Jr. filed a petition requesting the partition of property in Raymond, New Hampshire that was held by them and their siblings as tenants in common following the deat...

Appeal of Steven Silva  
Date: May 10, 2019
Docket Number: 2018-0296

Justia Opinion Summary: Petitioner Steven Silva appealed a New Hampshire Personnel Appeals Board (PAB) decision that upheld decisions of respondent, the New Hampshire Department of Health and Human Services (DHHS), to suspend and subsequently t...

Sabato v. Federal National Mortgage Association  
Date: May 3, 2019
Docket Number: 2018-0047

Justia Opinion Summary: Plaintiff Wayne Sabato appealed, and defendant Federal National Mortgage Association (FNMA) cross-appealed a trial court order in a suit brought by plaintiff to establish his homestead right in the subject property. Plai...

Pro Done, Inc. v. Basham  
Date: May 3, 2019
Docket Number: 2018-0060

Justia Opinion Summary: Plaintiff Pro Done, Inc. appealed a superior court order dismissing its amended complaint against defendants Teresa Basham, individually and as non-independent trustee of the Paul R. Hooper 1998 GST Exempt Trust, Terrenc...

New Hampshire .v Saintil-Brown  
Date: April 17, 2019
Docket Number: 2018-0222

Justia Opinion Summary: Defendant Katherine Saintil-Brown was convicted by jury for negligent homicide,criminal neglect of an elderly adult, and failure to report adult abuse. Defendant’s convictions were based upon her failure to call for help...

In the Matter of Mitchell Cohen & Marian Richards  
Date: March 29, 2019
Docket Number: 2017-0697

Justia Opinion Summary: Respondent Marian Richards appealed a circuit court order approving the divorce decree recommended by the Judicial Referee. On appeal, respondent argued the circuit court erred by: (1) improperly excluding certain estima...

TS & A Motors, LLC v. Kia Motors America, Inc.  
Date: March 29, 2019
Docket Number: 2017-0714

Justia Opinion Summary: In December 2007, Kia Motors America, Inc. (Kia) and TS & A Motors, LLC d/b/a Kia of Somersworth (Somersworth) entered into a Dealer Sales and Service Agreement (Dealer Agreement), which governed the franchise relationsh...

Hayes v. Connolly  
Date: March 29, 2019
Docket Number: 2018-0025

Justia Opinion Summary: Petitioner Edward F. Hayes, Jr., as trustee of the Survivor’s Trust A, certified under the Hayes Family Trust dated January 20, 2000 (Hayes Trust), appealed a superior court order in an action to partition real property....

New Hampshire Alpha of SAE Trust v. Town of Hanover  
Date: March 26, 2019
Docket Number: 2017-0634

Justia Opinion Summary: Plaintiff New Hampshire Alpha of SAE Trust (SAE), appealed a superior court order upholding a Zoning Board of Adjustment (ZBA) decision in favor of defendant Town of Hanover (Town), that the use of SAE’s property at 38 C...

New Hampshire v. Page  
Date: March 19, 2019
Docket Number: 2017-0632

Justia Opinion Summary: Defendant Tommy Page appealed after a jury convicted him of first degree murder and falsification of physical evidence. He argued the trial court erred by: (1) denying his motion to suppress photographs found on his cell...

Appeal of Town of Belmont  
Date: March 19, 2019
Docket Number: 2018-0217

Justia Opinion Summary: The Town of Belmont appealed a New Hampshire Board of Tax and Land Appeals (BTLA) decision that, pursuant to RSA 72:36-a (2012) respondent Robin M. Nordle 2013 Trust was entitled to a 100% real estate tax exemption for a...

Anderson v. Robitaille  
Date: March 8, 2019
Docket Number: 2017-0195

Justia Opinion Summary: Plaintiff Natalie Anderson appealed a circuit court judgment entered in favor of defendant Adam Robitaille on her petition seeking damages and other relief pursuant to RSA chapter 540-A. Defendant was the general manager...

New Hampshire v. Priceline.com, Inc.  
Date: March 8, 2019
Docket Number: 2017-0674

Justia Opinion Summary: The State of New Hampshire appealed a superior court order following a ten-day bench trial granting judgment to the defendants, the direct or indirect subsidiaries of Priceline.com, Inc., Orbitz, LLC, Expedia, Inc., and...

In the Matter of Richell Chrestensen & Sean Pearson  
Date: March 8, 2019
Docket Number: 2018-0061

Justia Opinion Summary: Appellant Sean Pearson appealed a circuit court order dismissing his petitions for parenting time for lack of standing. Appellant is the biological father of a child born in March 2010. Appellant surrendered his parental...

New Hampshire v. Leith  
Date: March 7, 2019
Docket Number: 2017-0425

Justia Opinion Summary: Defendant Reilly Leith appealed her conviction for theft by unauthorized taking. Specifically, she was accused of shoplifting approximately thirty items from a Newington department store in 2013. She raised issues concer...

Appeal of Panaggio  
Date: March 7, 2019
Docket Number: 2017-0469

Justia Opinion Summary: Petitioner Andrew Panaggio appealed a decision of the New Hampshire Compensation Appeals Board (board). Petitioner suffered a work-related injury to his lower back in 1991; a permanent impairment award was approved in 19...

New Hampshire v. Batista-Salva  
Date: February 22, 2019
Docket Number: 2016-0577

Justia Opinion Summary: Jose Batista-Salva, appealed his conviction for witness tampering following a jury trial in Superior Court. He was accused of the armed robbery of a Wendy's in Nashua, New Hampshire; he used to work at the restaurant, an...

Petition of Second Chance Bail Bonds (New Hampshire v. Castine)  
Date: February 13, 2019
Docket Number: 2017-0557

Justia Opinion Summary: Petitioner, corporate surety Second Chance Bail Bonds, appealed a superior court order requiring that a $10,000 bond petitioner posted for defendant James Castine be forfeited after defendant violated several bail condit...

New Hampshire v. Lilley  
Date: February 8, 2019
Docket Number: 2017-0116

Justia Opinion Summary: Defendants were all arrested and convicted of violating a Laconia Ordinance prohibiting nudity in public places. They jointly moved to dismiss the charges against them, arguing the ordinance violated the guarantee of equ...

New Hampshire v. Proctor  
Date: February 8, 2019
Docket Number: 2018-0031

Justia Opinion Summary: Defendant Edward Proctor was convicted by jury on one count of violating RSA 632-A:10, I, which prohibited people convicted of certain offenses from "knowingly undertak[ing] employment or volunteer service involving the...

Rogers v. Rogers  
Date: February 1, 2019
Docket Number: 2018-0136

Justia Opinion Summary: Plaintiff Samuel Rogers appealed a superior court order dismissing his complaint against his son, Joseph Rogers, upon finding that the probate court and not the superior court, retained exclusive subject matter jurisdict...

In re C.O.; In re G.L.  
Date: February 1, 2019
Docket Number: 2018-0269

Justia Opinion Summary: Respondent, the biological mother of C.O. and G.L., appealed a circuit court order terminating her parental rights over the two minor children on the ground that she failed to correct the conditions that led to the circu...

Hart v. Warden, New Hampshire State Prison  
Date: January 24, 2019
Docket Number: 2017-0665

Justia Opinion Summary: Petitioner Kenneth Hart appealed a superior court order denying his petition for a writ of habeas corpus, alleging that he was incompetent to waive his right to counsel and represent himself at trial and on appeal follow...

Petition of New Hampshire Secretary of State  
Date: January 24, 2019
Docket Number: 2018-0208

Justia Opinion Summary: The New Hampshire Supreme Court accepted a petition in its original jurisdiction to determine whether the Superior Court erred in ordering the New Hampshire Secretary of State and the New Hampshire Attorney General, defe...

Salomon’s Case
Date: January 23, 2019
Docket Number: LD-2018-0007
Santos v. Metropolitan Property & Casualty Ins. Co.  
Date: January 17, 2019
Docket Number: 2017-0717

Justia Opinion Summary: Defendant Metropolitan Property and Casualty Insurance Company (Metropolitan), appealed a superior court order partially granting and partially denying its summary judgment motion as well as a cross-motion filed by plain...

MacDonald v. Jacobs  
Date: January 15, 2019
Docket Number: 2017-0682

Justia Opinion Summary: Defendant Lisa Jacobs appealed both a jury verdict and a permanent injunction issued by the trial court in favor of plaintiffs Lorraine and Peter MacDonald. Defendant seasonally resided in Fitzwilliam, New Hampshire. Acc...

Clark v. New Hampshire Dept. of Employment Security  
Date: January 11, 2019
Docket Number: 2017-0658

Justia Opinion Summary: Plaintiff Michelle Clark appealed a superior court order granting summary judgment to defendants the New Hampshire Department of Employment Security (DES), Dianne Carpenter, Darrell Gates, Sandra Jamak, Colleen O’Neill,...

White v. Auger  
Date: January 11, 2019
Docket Number: 2018-0006

Justia Opinion Summary: Plaintiff Quentin White filed an action to quiet title against defendants Brigitte Auger (formerly Gaudreau) and Joanne Jackson (formerly Labadie). In the spring of 1968, White met Perley Swett, the “Taylor Pond Hermit,”...

Dietz v. Town of Tuftonboro  
Date: January 8, 2019
Docket Number: 2017-0536

Justia Opinion Summary: Plaintiffs David and Katherine Dietz appealed a superior court order that upheld a zoning board of adjustment (ZBA) decision for defendant Town of Tuftonboro, which granted intervenor Sawyer Point Realty, LLC (collective...

New Hampshire v. Colbath  
Date: January 8, 2019
Docket Number: 2017-0712

Justia Opinion Summary: Defendant George Colbath was convicted by jury on 17 charges of aggravated felonious sexual assault (AFSA). On appeal, he argued the Superior Court erred by admitting evidence of certain uncharged conduct pursuant to New...

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