New Hampshire Supreme Court Decisions 2020

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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