Bar News - April 23, 2004
Supreme Court at a Glance ~ March 2004
By: Gretchen H. Swanz
Criminal
State v. Fox, No. 2003-032, (evidence)
March 4, 2004: Affirmed.
Broderick, C.J., and Nadeau and Dalianis, JJ., concurred.
- Whether State must prove ownership of firearms to support conviction for offense of being felon in possession of a weapon.
- Whether evidence was sufficient to prove control or possession of firearm.
State v. Gatchell, No. 2003-070 (license suspension)
March 12, 2004: Affirmed.
- Whether RSA 263:57 was unconstitutionally vague and an unconstitutional delegation of authority by the legislature.
- Whether the district court exceeded its authority by suspending the defendant’s license based upon evidence that he drove over 100 miles per hour in a 65 mile per hour zone and changed lanes several times without using a turn signal.
Civil
City of Manchester School District & a. v. City of Manchester, No. 2003-303 (declaratory judgment)
March 15, 2004: Affirmed.
Broderick, C.J., and Nadeau and Dalianis, JJ., concurred.
- Whether city has authority to merge school district with municipal corporation by charter amendment.
Miller v. Slania Enterprises, Inc., No. 2003-191 (eviction)
March 15, 2004: Affirmed.
- Whether trial court erred by permitting a constructive amendment to the plaintiff’s pleadings by awarding damages under a theory not pled by the plaintiff.
- Whether a new or renewed tenancy was created when landlord accepted payment of $3,200 from tenants and failed to notify the tenants of its intention to proceed with eviction.
- Whether a landlord could use a previously issued writ of possession to evict tenants for a new violation of lease agreement.
- Whether evidence supported finding that landlord acted willfully.
- Whether original lease’s "savings clause" applied, permitting the landlord to retain $2,000 as rent.
Cambridge Mutual Fire Insurance Company & a. v. Crete, No. 2003-318 (insurance subrogation)
March 15, 2004: Affirmed in part, vacated in part and remanded.
Nadeau and Duggan, JJ., concurred.
- Whether tenant was a coinsured of landlords for purposes of fire damage to leased residential premises under Sutton doctrine.
- Whether lease agreement may expressly override application of Sutton doctrine.
- Whether landlord may recover damages for uninsured losses from tenant.
- Whether application of Sutton doctrine to this case violated the Equal Protection Clause.
- Whether trial court abused its discretion by denying plaintiffs’ motion to amend their writ and dismissing their writ simultaneously.
Administrative
North Country Environmental Services, Inc. v. Town of Bethlehem & a. No. 2003-337 (zoning)
March 1, 2004: Affirmed in part, reversed in part, vacated in part, and remanded.
Nadeau and Duggan, JJ., concurred.
- Whether RSA Chapter 149-M preempts local regulations on waste management.
- Whether a local zoning regulation violates the State Constitution’s Equal Protection Clause by distinguishing between publicly and privately owned landfills.
- Whether application of res judicata bars town from requiring additional local approvals before constructing an addition.
Remington Investments, Inc. v. Howard, No. 2003-431 (real estate attachment)
March 12, 2004: Reversed.
Broderick, C.J., and Nadeau and Dalianis, JJ., concurred.
- Whether court has authority to extend term of real estate attachment that had expired by statute.
Silverstein v. Town of Alexandria, No. 2003-388 (denial of application for license to carry a concealed weapon)
March 15, 2004: Affirmed.
- Whether the district court had sufficient grounds to uphold a license denial or improperly relied upon after-acquired evidence.
- Whether the district court improperly shifted the burden of proof to the applicant by considering evidence of applicant’s failure to provide additional information regarding his criminal background.
GGP Steeplegate, Inc., v. City of Concord, No. 2003-485 (real estate tax abatement)
March 25, 2004: Reversed and remanded.
Dalianis and Duggan, JJ., concurred.
- Whether abatement application may be denied solely because a taxpayer fails to provide a detailed explanation supporting relief in the application.
Pelletier v. City of Manchester, No. 2003-554 (zoning appeal)
March 26, 2004: Affirmed.
Nadeau and Dalianis, JJ., concurred.
- Whether the 30-day time period for filing a motion for rehearing begins to run on the date of the Zoning Board of Appeal’s vote.
Domestic
In the Matter of Toni E. Jerome and Raymond W. Jerome, No. 2003-380 (child support)
March 8, 2004: Affirmed.
Nadeau, Dalianis and Duggan, JJ., concurred.
- Whether wife’s annuity payments were to be treated as income for purposes of calculating child support.
- Whether trial court erred in applying child support guidelines strictly when parties tipulated there were no special circumstances calling for deviation from guidelines.
- Whether trial court could treat personal injury settlement as both income for child upport purposes and marital property for equitable distribution purposes.
- Whether court had authority to modify support obligation as of date of petition to modify.
In Re Juvenile 2003-195, No. 2003-195 (termination of parental rights)
March 12, 2004: Affirmed.
- Whether the evidence supported the conclusion that a) the father failed to correct conditions leading to a finding of neglect of the child, and b) termination was in the child’s best interest.
- Whether the probate court abused its discretion by admitting written report of witness determined not to be reasonably available.
- Whether Confrontation Clause of Part I, Article 15 of the New Hampshire Constitution applies to proceedings to terminate parental rights.
In re Sandra H., No. 2003-020 (involuntary commitment)
March 12, 2004: Affirmed.
- Whether patient had right to trial by jury in involuntary commitment proceeding.
- Whether statutory waiver of physician-patient provision violated patient’s right to equal protection under the State and Federal Constitutions.
- Whether, assuming psychiatrist’s report was not made available to patient prior to date of hearing, remedy is dismissal.
- Whether there was sufficient evidence without a specific finding to support involuntary commitment for a period longer than originally recommended by psychiatrist.
Gretchen Swanz is assistant vice president and counsel at Manulife Financial, one of Canada’s largest financial services companies, in its U.S. headquarters in Boston. She obtained her law degree at the University of Notre Dame after receiving a bachelor’s degree at Williams College. Prior to Manulife, she was a law clerk with the New Hampshire Superior Court.
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