New Hampshire Supreme Court Decisions 2020

New Hampshire v. Cavanaugh  
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 Co...

New Hampshire v. Mack  
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, Art...

In re Estate of Lorraine R. O'Neill  
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. O’...

New Hampshire v. Gates  
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 den...

Petition of New Hampshire Division for Children, Youth and Families  
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 c...

New Hampshire v. Fay  
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 Socie...

Appeal of Rye School District  
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) re...

Avery v. Commissioner, New Hampshire Department of Corrections  
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 tr...

New Hampshire v. Shaw  
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 of...

New Hampshire v. Beattie  
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 a...

Request for an Opinion of the Justices (Quorum under Part II, Article 20)  
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...

Northern New England Telephone Operations, LLC d/b/a FairPoint Communications - NNE v. Town of Acworth  
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 clai...

New Hampshire Center for Public Interest Journalism v. New Hampshire Department of Justice  
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, Un...

Ladue v. Pla-Fit Health, LLC  
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...

Arell v. Palmer  
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...

New Hampshire v. Girard  
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 convict...

Petition of New Hampshire Division for Children, Youth & Families  
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 di...

Hodges v. Johnson  
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...

New Hampshire v. Fitzgerald  
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 t...

Mentis Sciences, Inc. v. Pittsburgh Networks, LLC  
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....

New Hampshire v. Williams  
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...

In re Guardianship of D.E.  
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 gu...

Red Oak Apartment Homes, LLC v. Strategis Floor & Decor, Inc.  
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 grou...

Burt v. Speaker of the House of Representatives  
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 Hamp...

Bellevue Properties, Inc. v. Town of Conway  
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...

New Hampshire v. Minson  
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 th...

Appeal of Laura LeBorgne  
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 suff...

Horton v. Clemens  
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 no...

New Hampshire v. Munroe  
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 test...

In re J.P.  
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 biol...

Teatotaller, LLC v. Facebook, Inc.  
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 w...

In the Matter of Matthew & Robin Kamil  
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. Husban...

Monadnock Regional School District v. Monadnock District Education Association, NEA-NH  
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 Assoc...

New Hampshire v. Turcotte  
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, argui...

New Hampshire v. Moore  
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 homeowner...

Martin v. City of Rochester  
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 pu...

Appeal of Keith R. Mader 2000 Revocable Trust et al.  
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...

Riverbend Condo Association v. Groundhog Landscaping & Property Maintenance, Inc.  
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...

Seacoast Newspapers, Inc. v. City of Portsmouth  
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 primar...

Union Leader Corporation v. Town of Salem  
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 120-...

Balzotti Global Group, LLC v. Shepherds Hill Proponents, LLC  
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 De...

Appeal of New Hampshire Department of Environmental Services  
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...

O'Donnell v. Allstate Indemnity Company  
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...

Favart v. Ouellette  
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...

Casey v. New Hampshire Secretary of State  
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 s...

New Hampshire v. Perez  
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 suppres...

Fortune Laurel, LLC v. High Liner Foods (USA), Incorporated, Trustee  
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 USA...

New Hampshire v. Castine  
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 cou...

Polonsky v. Town of Bedford  
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 execut...

Walker v. Day  
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 d...

New Hampshire v. Carrier  
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 statement...

Loeffler v. Bernier  
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...

Torromeo Industries v. New Hampshire  
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 in...

In the Matter of Crystal & Joshua Ndyaija  
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 h...

Mark DiMinico v. Centennial Estates Cooperative, Inc.  
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 manufactu...

Colburn v. Saykaly  
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 land...

New Hampshire v. Smith  
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 addr...

Moscicki v. Leno  
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 S...

Mesmer’s Case
Date: February 21, 2020
Docket Number: LD-2019-0001
New Hampshire v. Eldridge  
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 im...

In re Guardianship of L.N.  
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 t...

New Hampshire v. Papillon  
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, int...

In the Matter of Braunstein  
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 c...

In Re D.O.  
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 b...

Town of Dunbarton v. Guiney  
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 cr...

New Hampshire v. Candello  
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 y...

Appeal of Elizabeth Doody  
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 wel...

Boyle v. City of Portsmouth  
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...

City of Portsmouth v. 150 Greenleaf Avenue Realty Trust  
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....

New Hampshire v. Salimullah  
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...

Ventas Realty Limited Partnership v. City of Dover  
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 subje...

New Hampshire v. Folley  
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...

New Hampshire v. Jones  
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 b...

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