New Hampshire Supreme Court Decisions 2022

Justia Opinion Summary: The State of New Hampshire petitioned for original jurisdiction to the New Hampshire Supreme Court to challenge a circuit court order that granted respondent’s motion to dismiss a juvenile delinquency petition. The trial…

Justia Opinion Summary: Defendant Daniel Laguerre appealed a superior court order denying his motion to amend bail. The court ruled that RSA 597:2, III(a) (Supp. 2022) did not authorize it to consider whether the conditions of confinement…

Justia Opinion Summary: Plaintiffs Cassandra Caron, Brandon Deane, Alison Petrowski, and Aaron Shelton, appealed a superior court order denying their request for a temporary restraining order and preliminary injunctive relief and dismissing…

Justia Opinion Summary: Plaintiff TransFarmations, Inc. appealed a superior court decision to uphold the Town of Amherst Planning Board's (Town) decisions to deny TransFarmations' two successive applications for a conditional use permit (CUP).…

Justia Opinion Summary: Jeremy Fiske appealed a superior court decision denying his petition for a writ of habeas corpus. Petitioner “specifically requested that the [sentencing c]ourt allow him to earn good time credit to reduce his…

Justia Opinion Summary: Plaintiff Keene Auto Body, Inc. appealed a circuit court order that dismissed its complaint against defendant State Farm Mutual Automobile Insurance Company. Keene Auto Body, acting as an assignee of Caleb Meagher, who…

Justia Opinion Summary: Petitioner Louis Lafasciano petitioned the New Hampshire Supreme Court for review of a decision of respondent, New Hampshire Retirement System Board of Trustees (Board), that rescinded a previously-granted termination of…

Justia Opinion Summary: Defendant Ernesto Rivera was convicted by jury on one count of possession of cocaine, one count of criminal threatening, and five misdemeanor counts of domestic-violence-related simple assault. He appealed his…

Justia Opinion Summary: Plaintiff Melissa Donovan appealed a superior court order granting summary judgment in favor of defendant Southern New Hampshire University (SNHU), based upon the court’s finding that no public policy considerations…

Justia Opinion Summary: Plaintiff Laura Colquhoun filed a complaint against defendant City of Nashua, after the City denied her Right-to-Know Law request for all email communications between two City employees during a specific two-month…

Justia Opinion Summary: Plaintiff Lorettann Gascard appealed a superior court order dismissing her complaint against defendants, Andrew Hall and Newspapers of New Hampshire, Inc., d/b/a Concord Monitor (Concord Monitor). The plaintiff asserts…

Justia Opinion Summary: Defendant Nyok Deng Luwal appealed a superior court order ruling that RSA 597:6-e (Supp. 2021) did not confer jurisdiction to the superior court to review a circuit court’s order revoking bail. The State and defendant…

Justia Opinion Summary: This case involved a challenge to the Town of Bartlett’s 2018 tax assessment of a single-family home located on 0.88 acres of land owned by petitioner Eleonora Porobic. In 2017, the property was assessed at $206,000. In…

Justia Opinion Summary: Petitioners Javier Vasquez and his employer, Matosantos International Corporation (MIC), appealed a New Hampshire Compensation Appeals Board (CAB) determination that it could not order respondent, The Hartford Insurance…

Justia Opinion Summary: Defendant Kevin Butler was convicted after a bench trial on two counts of animal cruelty. One of defendant’s neighbors was leaving her apartment to run errands when she noticed a dog inside a parked Honda Civic. After 45…

Justia Opinion Summary: Defendant Timothy Verrill appealed a superior court order denying his motion to dismiss his pending indictments with prejudice after his unopposed motion for a mistrial had been granted. He contended the Double Jeopardy…

Justia Opinion Summary: Plaintiff Daniel Barufaldi, appealed a superior court dismissal of his complaint against defendant the City of Dover. Plaintiff was first hired as the Director of Economic Development for the Dover Business and Industry…

Justia Opinion Summary: Claimant Caitlyn Wittenauer, appealed a New Hampshire Compensation Appeals Board (CAB) decision denying her workers’ compensation benefits. In 2019, Claiming injured her left shoulder lifting boxes at her job with Nike,…

Justia Opinion Summary: Petitioner Devin Miles sought certiorari review of superior court decisions denying his motion to quash an indictment against him, his renewed motion to quash, his motion for interlocutory appeal, and his motion for…

Justia Opinion Summary: Petitioner Chichester Commons, LLC appealed a Housing Appeals Board (HAB) decision affirming a decision of the planning board for respondent Town of Chichester (Town), denying petitioner’s request for a waiver of the…

Justia Opinion Summary: Defendant Brim Bell was convicted by jury on four class A felony counts of theft by deception. Defendant ran a business at several New Hampshire locations restoring primarily Volkswagen vehicles. Between January 1, 2011…

Justia Opinion Summary: Petitioner The Lawson Group, the third-party administrator for the self-insured petitioner, Summit Packaging Systems (the employer), appealed a decision of the New Hampshire Compensation Appeals Board (CAB) that upheld a…

Justia Opinion Summary: Defendant Corey Donovan appealed his conviction on a single felony count of possession of a controlled substance. He argued on appeal the trial court erred in denying his motion to suppress evidence. “All of these…

Justia Opinion Summary: The issue this interlocutory appeal presented for the New Hampshire Supreme Court’s review was filed by appellant Zurich Insurance plc, German Branch (Zurich). Zurich sought to challenge a superior court order that…

Justia Opinion Summary: In August 2019, the State of New Hampshire filed three juvenile delinquency petitions against Respondent in the family division, charging him with one count of pattern aggravated felonious sexual assault (AFSA), one…

Justia Opinion Summary: Petitioner John Doe appealed a superior court order dismissing his petition for declaratory and injunctive relief for failure to state a claim under either RSA 105:13-b (2013) or the New Hampshire Constitution. In April…

Justia Opinion Summary: Intervenors Micheline Elias and The Fakhourys, LLC (collectively, the developer), appealed a superior court order denying their motion to dismiss a petition filed by the petitioners, George Stergiou, Jen McCarthy,…

Justia Opinion Summary: The State of New Hampshire appealed a New Hampshire Public Employee Labor Relations Board (PELRB) ruling that the State committed unfair labor practices when the Governor: (1) sent an email to all state employees…

Justia Opinion Summary: Plaintiff Jerry Gaucher appealed a superior court order denying his claim for payment of a $20,000 lease termination fee and awarding one of the defendants, Waterhouse Realty Trust (the Trust), costs associated with a…

Justia Opinion Summary: Respondent-Mother appealed circuit court orders entered during abuse and neglect proceedings regarding N.T. initiated by petitioner, the New Hampshire Division for Children, Youth and Families (DCYF), under RSA chapter…

Justia Opinion Summary: Defendant Jerry Newton appealed his convictions by jury on three counts of exploitation of an elderly, disabled, or impaired adult in violation of RSA 631:9, I(a) (2016) and RSA 631:10 (2016). Defendant became trustee of…

Justia Opinion Summary: Petitioner Philip Borelli (Husband) appealed a circuit court order that found he owed respondent Catherine Borelli (Wife) a child support arrearage, which the court ruled that it lacked authority to modify retroactively.…

Justia Opinion Summary: Plaintiff Daniel Richard appealed a superior court order granting defendants' the Speaker of the New Hampshire House of Representatives and the New Hampshire Senate President, motion to dismiss his complaint seeking…

Justia Opinion Summary: Plaintiffs-homeowners Dylan O’Malley-Joyce and Eileen Nash appealed a superior court order granting the summary judgment motion filed by defendant Travelers Home and Marine Insurance Company (the insurer), on their…

Justia Opinion Summary: Defendant Juan Monegro-Diaz was charged with driving with a suspended license. The State appealed a circuit court order granting defendant’s motion to suppress evidence obtained as a result of a warrantless seizure of…

Justia Opinion Summary: The New Hampshire Division of State Police (the Division) appealed a Personnel Appeals Board (PAB) order reversing the Division’s non-disciplinary removal of an employee pursuant to New Hampshire Administrative Rule, Per…

Justia Opinion Summary: Defendant Ernesto Rivera appealed a superior court order denying his motion to vacate his 2020 resentencing on certain of his 2015 convictions. On appeal, he argued the trial court impermissibly “increased” certain of…

Justia Opinion Summary: Claimant Elba Hawes appealed a decision of the New Hampshire Compensation Appeals Board (CAB) determining that he was not entitled to workers’ compensation benefits. Claimant was employed as a “ground man” for Asplundh…

Justia Opinion Summary: Defendant Robert Leroux was convicted after a bench trial on one misdemeanor count of driving while his license was suspended as a result of a prior driving while intoxicated conviction. He argued that the circuit court…

Justia Opinion Summary: Petitioner State Employees’ Association of New Hampshire, Inc. SEIU, Local 1984 (SEA), and intervenors New Hampshire Troopers Association, New Hampshire Troopers Association-Command Staff, New Hampshire Probation and…

Justia Opinion Summary: Petitioner David Apostoloff appealed a circuit court order dismissing his petition to validate a purported amendment to the Omega Trust. He contended the court erred in dismissing his petition by finding the grantor did…

Justia Opinion Summary: Plaintiffs Theresa Norelli, Christine Fajardo, Matt Gerding, and Palana Hunt-Hawkins, filed a complaint against the New Hampshire Secretary of State to challenge the constitutionality of New Hampshire’s current…

Justia Opinion Summary: Plaintiff Debbie Banaian appealed a superior court order granting motions to dismiss filed by defendants Aaron Bliss, Shannon Bossidy, Bryan Gagnon, Jacob D. MacDuffie, and Katie Moulton. The sole issue on appeal was…

Justia Opinion Summary: Plaintiff S.C. appealed a circuit court order denying her request for a domestic violence protective order against defendant G.C. The trial court concluded plaintiff did not meet her burden of proving a credible present…

Justia Opinion Summary: Defendant Russell Blodgett appealed a superior court order granting summary judgment in favor of plaintiff Cincinnati Specialty Underwriters Insurance Company (CSU). Blodgett argued the trial court erred by concluding…

Justia Opinion Summary: Defendant Richard Racette was convicted by jury on four pattern counts of aggravated felonious sexual assault (AFSA). He argued on appeal that the trial court erred by: (1) barring cross-examination about a witness’s…

Justia Opinion Summary: Plaintiff Samuel Provenza, formerly employed as a police officer by defendant Town of Canaan (Town), appealed a superior court order: (1) denying his petition for declaratory judgment and “request for temporary and…

Justia Opinion Summary: Respondent K.C. appealed a circuit court decision ordering her to involuntary admission to the New Hampshire Hospital (NHH) for a two-year period, to be discharged when clinically appropriate. On appeal, respondent…

Justia Opinion Summary: J.D. and A.D. were removed from their parents’ care in July 2017. In September 2017, the court found that the children were neglected by father and abused and neglected by mother within the meaning of RSA 169-C:3, II(c)…

Justia Opinion Summary: Defendant Benjamin Mackenzie was convicted by jury on one count of distribution of a controlled drug — fentanyl — with death resulting. He argued on appeal the trial court erred when it: (1) admitted, as habit evidence…

Justia Opinion Summary: Petitioner Tradz, LLC, appealed a New Hampshire Department of Safety, Bureau of Hearings (bureau) decision affirming the New Hampshire Division of Motor Vehicles (DMV) decision to deny petitioner’s applications for title…

Justia Opinion Summary: This divorce proceeding was initiated in March 2015 by Brian Colsia (husband) against his wife, Allana Kelley-Colsia (wife). Shortly before and during the divorce, Husband took several actions to hide marital assets from…

Justia Opinion Summary: Plaintiff Janet Bisceglia appealed a superior court order granting summary judgment to defendants' the New Hampshire Secretary of State and the New Hampshire Department of Natural and Cultural Resources (collectively the…

Justia Opinion Summary: Defendants GMPM Company and 479 Maple Street, LLC, appealed a circuit court order granting the petition for wrongful eviction filed by plaintiff Melissa Natal. On appeal, defendants argued the circuit court erred by…

Justia Opinion Summary: Defendant Javon Brown was convicted by jury of misdemeanor domestic violence, for which he was sentenced to twelve months in the house of corrections and fined. Defendant appealed his conviction, arguing that the trial…

Justia Opinion Summary: Defendant Justin Parr appealed his conviction following a superior court bench trial on one count of being a felon in possession of a firearm. Defendant argued the superior court erred in denying his motion to dismiss…

Justia Opinion Summary: Petitioner Dianna Rudder appealed a superior court order upholding the administrative suspension of her driver’s license by the New Hampshire Division of Motor Vehicles (DMV). Petitioner’s suspension was upheld on…

Justia Opinion Summary: Defendant Roger Dana was convicted by jury of first degree murder, for which he received a sentence of life without the possibility of parole. Defendant appealed, arguing that the trial court erred by admitting hearsay…

Justia Opinion Summary: Plaintiff B&C Management (B&C) appealed a superior court order ruling that 911 audio recordings were exempt from disclosure under the New Hampshire Right-to-Know Law, and denying its request for equitable discovery of a…

Justia Opinion Summary: Respondent Kelly Routhier (wife) appealed a circuit court's final decree in her divorce from petitioner Matthew Routhier (husband). Wife argued the circuit court erred by: (1) concluding that it lacked jurisdiction to…

Justia Opinion Summary: The issue this case presented for the New Hampshire Supreme Court arose from the New Hampshire Division of State Police's decision to terminate State Trooper Thomas Owens after an internal investigation. The Trooper…

Justia Opinion Summary: Plaintiff Keene School District appealed a superior court decision denying the School District’s petition to modify, correct or vacate an arbitrator’s award. The arbitration arose from grievances lodged by two teachers…

Justia Opinion Summary: Respondent, C.R. (ward) appealed a circuit court order appointing a guardian over her person, arguing that petitioner New Hampshire Hospital (NHH) failed to prove beyond a reasonable doubt that she was incapacitated. She…

Justia Opinion Summary: The State of New Hampshire petitioned in the Supreme Court's original jurisdiction for review of certain protective orders against defendants Nicholas Fuchs, Jacob Johnson, and Jeffrey Hallock-Saucier. This petition for…

Justia Opinion Summary: Defendant Justin Gunnip was convicted by jury on one count of falsifying physical evidence, and one count of conspiracy to commit assault. In August 2019, defendant was an inmate at the Sullivan County House of…

Justia Opinion Summary: The New Hampshire Division for Children, Youth and Families (DCYF) appealed a circuit court order that dismissed a neglect petition brought against the respondent. DCYF argued the circuit court erred by: (1) relying upon…

Justia Opinion Summary: Defendant Joseph Chenard appealed a superior court ruling that he operated or maintained a junk yard in violation of RSA 236:114. Plaintiff Town of Lincoln (town) cross-appealed the trial court’s denial of its request…

Justia Opinion Summary: Plaintiff Scott Paine appealed a superior court decision granting judgment on the pleadings for his employment discrimination claim against defendant, Ride-Away, Inc. Plaintiff suffered from Post-Traumatic Stress…

Justia Opinion Summary: Respondent-father Nedim Suljevic appealed a circuit court order denying his motion for the court to exercise temporary emergency jurisdiction over the parties’ custody dispute pursuant to New Hampshire’s Uniform Child…

Justia Opinion Summary: Petitioner City of Berlin (City) appealed a New Hampshire Board of Tax and Land Appeals (BTLA) order determining that the City over-assessed respondent Public Service Company of New Hampshire d/b/a Eversource Energy…

Justia Opinion Summary: Defendant Brandon Griffin was convicted by jury of being a drug enterprise leader (DEL). On appeal, defendant challenged the trial court’s denial of his pretrial motions to dismiss the DEL charge for: (1) lack of a…

Justia Opinion Summary: Defendant Keith Fitzgerald appealed a superior court order sentencing him, on remand, to nine and one-half to twenty-five years in prison. On appeal, defendant argued the trial court: (1) unsustainably exercised its…

Justia Opinion Summary: Petitioner James Britton appealed two circuit court orders denying his request to terminate alimony, and granting the requests of respondent Patricia Britton for contempt for nonpayment of alimony and renewal of alimony.…