New Hampshire Supreme Court Decisions 2022

New Hampshire v. Verrill  
Date: September 14, 2022
Docket Number: 2021-0093

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…

Barufaldi v. City of Dover  
Date: September 9, 2022
Docket Number: 2021-0244

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…

Appeal of Wittenauer  
Date: September 7, 2022
Docket Number: 2021-0369

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,…

Petition of Devin Miles  
Date: September 2, 2022
Docket Number: 2020-0569

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…

Appeal of Chichester Commons, LLC  
Date: September 2, 2022
Docket Number: 2021-0476

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…

New Hampshire v. Bell  
Date: August 16, 2022
Docket Number: 2019-0047

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…

Appeal of The Lawson Group, et al.  
Date: August 16, 2022
Docket Number: 2021-0243

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…

New Hampshire v. Donovan  
Date: August 12, 2022
Docket Number: 2020-0404

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…

In the Matter of the Liquidation of The Home Insurance Company  
Date: August 12, 2022
Docket Number: 2021-0211

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…

Petition of State of New Hampshire  
Date: August 12, 2022
Docket Number: 2021-0609

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…

Doe v. N.H. Attorney General  
Date: July 21, 2022
Docket Number: 2020-0447

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…

Stergiou et al. v. City of Dover  
Date: July 21, 2022
Docket Number: 2021-0139

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,…

Appeal of State of New Hampshire  
Date: July 21, 2022
Docket Number: 2021-0248

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…

Gaucher v. Waterhouse  
Date: July 20, 2022
Docket Number: 2021-0338

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…

In re N.T.  
Date: July 20, 2022
Docket Number: 2021-0437

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…

New Hampshire v. Newton  
Date: July 8, 2022
Docket Numbers: 2018-0606, 2020-0338

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…

In the Matter of Borelli  
Date: July 6, 2022
Docket Number: 2021-0302

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.…

Richard v. Speaker of the New Hampshire House of Representatives et al.  
Date: July 6, 2022
Docket Number: 2021-0325

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…

O'Malley-Joyce v. Travelers Home & Marine Insurance Co.  
Date: June 28, 2022
Docket Number: 2021-0068

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…

New Hampshire v. Monegro-Diaz  
Date: June 14, 2022
Docket Number: 2021-0197

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…

Appeal of New Hampshire Division of State Police  
Date: June 7, 2022
Docket Number: 2021-0267

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…

New Hampshire v. Rivera  
Date: June 3, 2022
Docket Number: 2021-0009

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…

Appeal of Hawes  
Date: June 3, 2022
Docket Number: 2021-0187

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…

New Hampshire v. Leroux  
Date: May 24, 2022
Docket Number: 2021-0147

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…

Appeal of New Hampshire Troopers Association et al.  
Date: May 12, 2022
Docket Numbers: 2021-0027, 2021-0028

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…

In re The Omega Trust  
Date: May 12, 2022
Docket Number: 2021-0138

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…

Norelli, et al. v. New Hampshire Sec'y of State  
Date: May 12, 2022
Docket Number: 2022-0184

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…

Banaian v. Bascom et al.  
Date: May 11, 2022
Docket Number: 2020-0496

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…

S.C. v. G.C.  
Date: May 11, 2022
Docket Number: 2021-0194

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…

Cincinnati Specialty Underwriters Insurance Company v. Best Way Homes, Inc. & a.  
Date: April 27, 2022
Docket Number: 2021-0280

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…

New Hampshire v. Racette  
Date: April 26, 2022
Docket Number: 2020-0364

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…

Provenza v. Town of Canaan  
Date: April 22, 2022
Docket Number: 2020-0563

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…

In re K.C.  
Date: April 21, 2022
Docket Number: 2021-0215

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…

In re J.D.; In re A.D.  
Date: April 20, 2022
Docket Number: 2021-0285

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)…

New Hampshire v. Mackenzie  
Date: April 8, 2022
Docket Number: 2019-0265

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…

Appeal of Tradz, LLC  
Date: April 8, 2022
Docket Number: 2021-0053

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…

In the Matter of Colsia  
Date: April 6, 2022
Docket Number: 2021-0373

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…

Bisceglia v. New Hampshire Secretary of State & al.  
Date: April 1, 2022
Docket Number: 2021-0102

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…

Natal v. GMPM Company & al.  
Date: April 1, 2022
Docket Number: 2021-0258

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…

New Hampshire v. Brown  
Date: March 30, 2022
Docket Number: 2020-0148

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…

State of New Hampshire v. Robert A. Graham, Jr.
Date: March 29, 2022
Docket Number: 2020-0506
New Hampshire v. Parr  
Date: March 17, 2022
Docket Number: 2020-0570

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…

Rudder v. Director, New Hampshire Div. of Motor Vehicles  
Date: March 16, 2022
Docket Number: 2021-0014

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…

New Hampshire v. Dana  
Date: March 10, 2022
Docket Number: 2019-0628

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…

B&C Management v. New Hampshire Division of Emergency Services  
Date: February 23, 2022
Docket Number: 2020-0052

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…

In the Matter of Matthew & Kelly Routhier  
Date: February 15, 2022
Docket Numbers: 2021-0032, 2021-0036

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…

Appeal of New Hampshire Division of State Police  
Date: February 11, 2022
Docket Number: 2020-0450

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…

Keene School District v. Keene Education Association, NEA-NH  
Date: February 8, 2022
Docket Number: 2021-0061

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…

In re Guardianship of C.R.  
Date: February 8, 2022
Docket Number: 2021-0118

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…

Petition of the State of New Hampshire  
Date: February 4, 2022
Docket Number: 2021-0146

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…

New Hampshire v. Gunnip  
Date: January 28, 2022
Docket Number: 2020-0322

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…

In re C.C.  
Date: January 25, 2022
Docket Number: 2021-0327

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…

Town of Lincoln v. Joseph Chenard  
Date: January 19, 2022
Docket Number: 2020-0316

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…

Paine v. Ride-Away, Inc.  
Date: January 14, 2022
Docket Number: 2020-0470

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…

In the Matter of Akin & Suljevic  
Date: January 13, 2022
Docket Number: 2021-0234

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…

Appeal of City of Berlin  
Date: January 12, 2022
Docket Number: 2020-0474

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…

New Hampshire v. Griffin  
Date: January 11, 2022
Docket Number: 2019-0503

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…

New Hampshire v. Fitzgerald  
Date: January 11, 2022
Docket Number: 2020-0595

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…

In the Matter of Britton  
Date: January 5, 2022
Docket Numbers: 2020-0029, 2020-0313

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.…

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