New Hampshire Supreme Court Decisions 2020
Date: December 29, 2020
Docket Number: 2019-0608
Justia Opinion Summary: Brenna Cavanaugh was convicted by jury of being an accomplice to first degree assault and criminal mischief. On appeal, she argued the evidence was insufficient for the jury to have convicted her and that the Superior…
Date: December 22, 2020
Docket Number: 2019-0171
Justia Opinion Summary: Defendant Jeremy Mack was convicted by jury on one count of possession of a controlled drug: psilocyn and/or psilocybin (which he possessed in the form of mushrooms). On appeal, defendant argued that, because Part I,…
Date: December 22, 2020
Docket Number: 2019-0590
Justia Opinion Summary: Appellant Paul O’Neill, acting as trustee of the Lorraine R. O’Neill Revocable Trust – 2004, appealed a probate court order granting a petition for ancillary estate administration of certain New Hampshire real estate.…
Date: December 9, 2020
Docket Number: 2019-0371
Justia Opinion Summary: Defendant John Gates appealed his convictions for arson, attempted arson, two counts of burglary, being a felon in possession of a dangerous weapon, and use of a Molotov cocktail. He challenged a superior court order…
Date: December 9, 2020
Docket Number: 2020-0110
Justia Opinion Summary: The New Hampshire Division for Children, Youth and Families (DCYF) petitioned the New Hampshire Supreme Court for a writ of prohibition to prevent a circuit court from joining DCYF as a party to an ongoing guardianship…
Date: December 2, 2020
Docket Number: 2018-0402
Justia Opinion Summary: Defendant Christina Fay appealed her convictions on seventeen counts of cruelty to animals. The Wolfeboro Police Department executed a search warrant at defendant’s residence in June 2017 with the aid of the Humane…
Date: December 2, 2020
Docket Number: 2019-0397
Justia Opinion Summary: The Rye School District (District) appealed a New Hampshire State Board of Education (State Board) decision that overturned a Rye School Board (School Board) decision. The School Board denied C.B. and E.B.'s (Parents)…
Date: November 20, 2020
Docket Number: 2019-0051
Justia Opinion Summary: Plaintiff Clifford Avery appealed a superior court order that dismissed his complaint for breach of contract against the Commissioner of the New Hampshire Department of Corrections (DOC or department). Avery argue the…
Date: November 19, 2020
Docket Number: 2019-0072
Justia Opinion Summary: Defendant Joshua Shaw was convicted by jury of driving after his license had been suspended, and on misdemeanor counts of enhanced simple assault, attempted enhanced simple assault, resisting arrest, and disobeying an…
Date: November 19, 2020
Docket Number: 2019-0460
Justia Opinion Summary: Defendants Shane and Trina Beattie appealed a superior court orderthat dismissed with prejudice their preliminary objection challenging the State’s taking of 0.93 acres of their land in fee simple, as well as permanent…
Date: November 17, 2020
Docket Number: 2020-0414
Justia Opinion Summary: The New Hampshire House of Representatives certified a question of law to the New Hampshire Supreme Court. The House asked a single question: whether holding a House session remotely, either wholly or in part, whereby a…
Date: November 6, 2020
Docket Number: 2018-0570
Justia Opinion Summary: This appeal arose from a consolidated cases filed by plaintiff Northern New England Telephone Operations, LLC d/b/a FairPoint Communications-NNE (FairPoint), against several New Hampshire towns and cities, asserting…
Date: October 30, 2020
Docket Number: 2019-0279
Justia Opinion Summary: The New Hampshire Department of Justice (DOJ) appealed a superior court order denying its motion to dismiss a petition filed by plaintiffs' New Hampshire Center for Public Interest Journalism, The Telegraph of Nashua,…
Date: October 30, 2020
Docket Number: 2019-0354
Justia Opinion Summary: Plaintiff Theresa Ladue was injured in a fall at a gym in Nashua, New Hampshire, operated by defendant Pla-Fit Health, LLC (Planet Fitness). Ladue brought a negligence claim against Planet Fitness. Planet Fitness moved…
Date: October 30, 2020
Docket Number: 2019-0553
Justia Opinion Summary: Defendants Henry Palmer and Janis Monty-Palmer appealed a superior court order that granted summary judgment in favor of plaintiffs Richard Arell, Jr. and Natalie Allard-Arell. In their petition for declaratory judgment…
Date: October 16, 2020
Docket Number: 2018-0608
Justia Opinion Summary: Defendant Stephen Girard was charged with two counts of misuse of a computer or network, two counts of indecent exposure, and two counts of witness tampering. He was acquitted of the witness tampering charges and…
Date: September 30, 2020
Docket Number: 2019-0535
Justia Opinion Summary: The New Hampshire Supreme Court accepted review of the Division for Children, Youth and Families' (DCYF) petition in its original jurisdiction to determine whether the superior court erred in denying DCYF's motions to…
Date: September 23, 2020
Docket Number: 2019-0319
Justia Opinion Summary: Defendants Alan Johnson and William Saturley were the former co-trustees of the 2004 David A. Hodges, Sr. Irrevocable GST Exempt Trust and the 2004 David A. Hodges, Sr. Irrevocable GST Non-Exempt Trust (collectively, the…
Date: September 22, 2020
Docket Number: 2019-0280
Justia Opinion Summary: Defendant Keith Fitzgerald appealed a superior court order denying his motion for a new trial based on ineffective assistance of counsel. In December 2015, defendant was indicted on five counts of theft by unauthorized…
Date: September 22, 2020
Docket Number: 2019-0548
Justia Opinion Summary: Plaintiff Mentis Sciences, Inc. appealed a superior court order dismissing its claims for damages representing the cost of recreating lost data and lost business and negligence against defendant Pittsburgh Networks, LLC.…
Date: September 18, 2020
Docket Number: 2019-0250
Justia Opinion Summary: Defendant Laura Williams appealed circuit court orders denying her petitions to annul records of conviction and arrest, as well as charges not resulting in conviction, because she had subsequent convictions. After review…
Date: September 18, 2020
Docket Number: 2020-0368
Justia Opinion Summary: In February 2020, the 79-year-old ward was a patient at a hospital in Lebanon, New Hampshire. At that time, the hospital filed a petition to appoint a guardian over the ward’s person and estate. The hospital alleged a…
Date: September 9, 2020
Docket Number: 2019-0012
Justia Opinion Summary: Plaintiff Red Oak Apartment Homes, LLC, appealed a superior court decision dismissing its complaint against defendant Strategis Floor & Decor, Inc. (Strategis), and dismissing plaintiff’s claims against Strategis on…
Date: August 28, 2020
Docket Number: 2019-0507
Justia Opinion Summary: Appellant John Burt, a member of the New Hampshire House of Representatives, appealed a superior court order that dismissed his complaint against Stephen Shurtleff, in his official capacity as the Speaker of the New…
Date: August 25, 2020
Docket Number: 2019-0302
Justia Opinion Summary: Plaintiff Bellevue Properties, Inc. appealed a superior court order affirming the Town of Conway’s decision to discontinue a public way that provided access to the plaintiff’s property. Plaintiff argued the trial court…
Date: August 18, 2020
Docket Number: 2019-0124
Justia Opinion Summary: Shawn Minson was convicted after a bench trial for felony cocaine possession, possession with intent to dispense the controlled drug fentanyl in a quantity of five grams or more, and possession with intent to dispense…
Date: August 12, 2020
Docket Number: 2019-0464
Justia Opinion Summary: Petitioner Laura LeBorgne appealed a New Hampshire Compensation Appeals Board (CAB) decision upholding the denial of her request for reimbursement for massage therapy that she received in New York to treat an injury…
Date: August 11, 2020
Docket Number: 2019-0476
Justia Opinion Summary: Plaintiffs-landlords Richard and Janice Horton appealed a circuit court order dismissing their petition to evict defendants-tenants David Clemens and April Hanks, for nonpayment of rent on the ground that the eviction…
Date: August 4, 2020
Docket Number: 2018-0433
Justia Opinion Summary: Defendant Michael Munroe was convicted by jury on one count of assault by a prisoner. He argued on appeal the superior court erred by: (1) striking his notice of self-defense; (2) overruling his hearsay objection to…
Date: July 31, 2020
Docket Number: 2019-0743
Justia Opinion Summary: Respondents, the mother and stepfather of J.P., a minor child, appealed Probate Court orders: (1) vacating the stepfather’s adoption of J.P. due to lack of notice of the adoption proceeding to the petitioner, J.P.’s…
Date: July 24, 2020
Docket Number: 2019-0328
Justia Opinion Summary: Teatotaller, LLC appealed a circuit court order dismissing its small claim complaint against the defendant Facebook, Inc. Teatotaller alleged that in June 2018, Facebook “deleted [Teatotaller’s] Instagram . . . account…
Date: July 10, 2020
Docket Number: 2018-0700
Justia Opinion Summary: Petitioner Matthew Kamil (Husband), appealed, and respondent Robin Kamil (Wife) cross-appealed various circuit court orders in their divorce action. The parties were married in September 2007 and had two children.…
Date: July 8, 2020
Docket Number: 2019-0134
Justia Opinion Summary: Defendant Monadnock District Education Association, NEA-NH (the Association) appealed a superior court order granting summary judgment to plaintiff Monadnock Regional School District (the District), and denying the…
Date: July 1, 2020
Docket Numbers: 2019-0071, 2017-0336
Justia Opinion Summary: Defendant Daniel Turcotte was convicted by jury on four counts of aggravated felonious sexual assault and five counts of felonious sexual assault, all involving a minor. Defendant directly appealed his convictions,…
Date: June 10, 2020
Docket Number: 2018-0602
Justia Opinion Summary: Bruce Moore pled guilty to burglary. He was ordered to pay restitution to the owners of the home that he had burglarized. A portion of the ordered restitution was for the cost of a home security system that the…
Date: June 9, 2020
Docket Number: 2019-0150
Justia Opinion Summary: Plaintiff Paul Martin appealed a superior court order denying his request for declaratory and injunctive relief against defendant City of Rochester (city), ruling that the city’s technical review group (TRG) was not a…
Date: June 5, 2020
Docket Number: 2019-0061
Justia Opinion Summary: Eighteen petitioners appealed a New Hampshire Board of Tax and Land Appeals (BTLA) decision to dismiss their respective appeals of denials of applications for abatements of real estate taxes issued by respondent Town of…
Date: June 5, 2020
Docket Number: 2019-0264
Justia Opinion Summary: Plaintiff Riverbend Condo Association appealed a superior court order dismissing its complaint against defendant Groundhog Landscaping and Property Maintenance, Inc., on res judicata grounds. In 2017, plaintiff brought a…
Date: May 29, 2020
Docket Number: 2019-0135
Justia Opinion Summary: Plaintiff Seacoast Newspapers, Inc. appealed a superior court order denying its petition to disclose an arbitration decision concerning the termination of a police officer by defendant City of Portsmouth. Seacoast…
Date: May 29, 2020
Docket Number: 2019-0206
Justia Opinion Summary: Plaintiffs Union Leader Corporation and American Civil Liberties Union of New Hampshire (ACLU-NH), appealed a superior court order denying their petition for the release of “complete, unredacted copies” of: (1) “the…
Date: May 27, 2020
Docket Number: 2019-0120
Justia Opinion Summary: Plaintiffs Balzotti Global Group, LLC (the Global Group) and Caesar Balzotti, Sr., appealed a superior court order dismissing their claims against defendants Shepherds Hill Proponents, LLC (Proponents), Shepherds Hill…
Date: May 22, 2020
Docket Number: 2018-0650
Justia Opinion Summary: Petitioner New Hampshire Department of Environmental Services (DES) appealed a decision by the New Hampshire Wetlands Council remanding an administrative order issued by DES that directed respondents Bryan and Linda Corr…
Date: May 22, 2020
Docket Numbers: 2018-0706, 2018-0706
Justia Opinion Summary: Plaintiff John O’Donnell appealed a superior court order granting summary judgment to defendant Allstate Indemnity Company. Following a November 2015 motor vehicle accident, O’Donnell filed an underinsured motorist claim…
Date: May 22, 2020
Docket Number: 2019-0197
Justia Opinion Summary: Plaintiff Edward Favart appealed a superior court order ruling that land owned by defendants Steven and Kevin Ouellette, benefitted from an implied easement over plaintiff’s land along a fifteen-foot wide access road to…
Date: May 20, 2020
Docket Number: 2019-0693
Justia Opinion Summary: The United States District Court for the District of New Hampshire certified questions of law to the New Hampshire Supreme Court. Plaintiffs Caroline Casey, Maggie Flaherty, and the New Hampshire Democratic Party filed…
Date: May 15, 2020
Docket Number: 2018-0647
Justia Opinion Summary: Defendant Miguel Perez was convicted by jury on two counts of possessing a controlled drug with the intent to distribute, subsequent offense. On appeal, he argued the Superior Court erred in denying his motion to…
Date: May 8, 2020
Docket Number: 2019-0307
Justia Opinion Summary: Yunnan New Ocean Aquatic Product Science and Technology Group Co., Ltd. and subsidiaries (YOK defendants) appealed a New Hampshire superior court order attaching funds held by High Liner Foods (USA), Inc. (High Liner…
Date: April 24, 2020
Docket Number: 2018-0341
Justia Opinion Summary: Defendant Jami Castine was convicted on two charges of first degree assault against a minor victim, as well as one charge of an enhanced felony version of second degree assault against the victim’s brother. The trial…
Date: April 24, 2020
Docket Number: 2019-0339
Justia Opinion Summary: Defendant Town of Bedford appealed a superior court order: (1) ruling that the statutory scheme governing a municipality’s obligations to compensate a former owner of property that the municipality acquired by the…
Date: April 14, 2020
Docket Number: 2019-0236
Justia Opinion Summary: Plaintiff Alexander Walker, Jr. appealed a superior court order dismissing his claim of conspiracy to defame on res judicata grounds after finding privity between defendant Aaron Day, and other defendants in a separate…
Date: April 7, 2020
Docket Number: 2018-0575
Justia Opinion Summary: The State appealed a trial court's order suppressing two statements made by defendant Dominic Carrier. The trial court ruled defendant was subject to custodial interrogation at the time he gave the first set of…
Date: March 31, 2020
Docket Number: 2019-0107
Justia Opinion Summary: Defendant Paul Bernier appealed two superior court orders granting partial summary judgment to plaintiff Thomas Loeffler, and denying his subsequent motion for reconsideration. The court ruled that defendant was estopped…
Date: March 13, 2020
Docket Number: 2019-0121
Justia Opinion Summary: The State appealed a superior court order relating to the reassessment of eminent domain damages. Torromeo Industries owned several acres of land in Plaistow, New Hampshire on which there was a 4,000 square foot light…
Date: March 11, 2020
Docket Numbers: 2018-0086, 2018-0153, 2018-0398
Justia Opinion Summary: Respondent Joshua Ndyaija appealed various Circuit Court orders following the parties’ divorce. He argued the trial court erred by: (1) dismissing his motion for contempt against petitioner Crystal Ndyaija; (2) denying…
Date: March 11, 2020
Docket Number: 2018-0490
Justia Opinion Summary: Defendant Centennial Estates Cooperative, Inc., appealed, and plaintiff, Mark DiMinico, cross-appealed a superior court order awarding declaratory and injunctive relief to plaintiff. Plaintiff was a tenant at a…
Date: March 11, 2020
Docket Number: 2019-0027
Justia Opinion Summary: Defendant Nicholas Saykaly appealed a circuit court order issuing a writ of possession to plaintiff, Amanda Colburn. On appeal, defendant argued the trial court lacked subject matter jurisdiction to hear plaintiff’s…
Date: March 6, 2020
Docket Number: 2018-0416
Justia Opinion Summary: Defendant Nathaniel Smith appealed a superior court order denying his motion to enforce the terms of a plea agreement that he entered into with the State. He argued the trial court erred in ruling that the sentences…
Date: March 6, 2020
Docket Number: 2019-0092
Justia Opinion Summary: Sandra Moscicki appealed a superior court order denying her motion to exclude expert testimony proffered by the appellees, Charles and Heidi Leno. In July 2008, the Lenos’ twin children, a boy and a girl, were born. In…
Date: February 19, 2020
Docket Number: 2018-0551
Justia Opinion Summary: Defendant Brian Eldridge appealed his convictions by jury on one count each of possession of a controlled drug, and being a felon in possession of a firearm. He argued the trial court erred by: (1) concluding that the…
Date: February 19, 2020
Docket Number: 2018-0701
Justia Opinion Summary: Respondent L.N. appealed a circuit court order denying a motion to authorize removal of life support filed by her guardian. In 2018, tests indicated that L.N. had suffered a stroke. L.N. was 69 years old at the time of…
Date: February 13, 2020
Docket Number: 2018-0355
Justia Opinion Summary: Defendant Paulson Papillon was convicted by jury of conspiracy to commit murder, and as an accomplice to reckless second-degree murder. On appeal, he argued the trial court erred by: (1) concluding that he knowingly,…
Date: February 13, 2020
Docket Number: 2019-0065
Justia Opinion Summary: Petitioner Sean Braunstein (Husband), appealed the final decree and associated orders entered by the Circuit Court in his divorce from respondent Jericka Braunstein (Wife). He argued, among other things, that the trial…
Date: February 13, 2020
Docket Number: 2019-0369
Justia Opinion Summary: Respondent, the father of the juvenile (Father), appealed a superior court order denying his motion for permission to file a late appeal of an adverse ruling issued by the Circuit Court on an abuse and neglect petition…
Date: February 5, 2020
Docket Number: 2018-0591
Justia Opinion Summary: Appellant Michael Guiney challenged a superior court declaratory judgment ruling the road between Guiney’s house and barn became a public highway by prescription. Guiney also appealed the trial court’s decision on his…
Date: January 31, 2020
Docket Number: 2019-0103
Justia Opinion Summary: In 2007, defendant Jason Candello was sentenced on two felonies pursuant to a negotiated plea. On one felony conviction, the trial court sentenced the defendant to a stand-committed sentence of two and one-half to nine…
Date: January 31, 2020
Docket Number: 2019-0115
Justia Opinion Summary: Claimant Elizabeth Doody worked for the Laconia School District as an elementary school speech assistant for over a decade. Her job required her to accompany students from their location to a special services room as…
Date: January 24, 2020
Docket Number: 2018-0327
Justia Opinion Summary: Plaintiff James Boyle, individually and as Trustee of the 150 Greenleaf Avenue Realty Trust, appealed, and defendant City of Portsmouth (City), cross-appealed, after a jury awarded Boyle damages for trespass and nuisance…
Date: January 24, 2020
Docket Number: 2018-0649
Justia Opinion Summary: Plaintiff City of Portsmouth (City) appealed a superior court ruling that the City’s taking by eminent domain of 4.6 acres of land owned by defendants 150 Greenleaf Avenue Realty Trust and Minato Auto, LLC, was unlawful.…
Date: January 10, 2020
Docket Number: 2018-0318
Justia Opinion Summary: Defendant Mohammad Salimullah was convicted by jury on one count of attempted murder, two counts of first degree assault, one count of second degree assault, and one count of reckless conduct. He appealed: (1) a superior…
Date: January 10, 2020
Docket Number: 2018-0680
Justia Opinion Summary: Plaintiff Ventas Realty Limited Partnership (Ventas), appealed a superior court order denying its request for an abatement of the real estate taxes it paid defendant City of Dover (City), for the 2014 tax year. The…
Date: January 10, 2020
Docket Numbers: 2018-0708, 2018-0710
Justia Opinion Summary: Defendants James Folley and his wife, Karen Folley, appealed their convictions after a joint jury trial on two counts of theft by unauthorized taking as a principal or accomplice, and as to James, an additional count of…
Date: January 10, 2020
Docket Number: 2019-0057
Justia Opinion Summary: Defendant Ernest Jones appealed a superior court order denying his motion to suppress evidence that led to his conviction on one count of possession of a controlled drug. He appealed, arguing that the trial court erred…
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