Bar News - June 18, 2004
Supreme Court at a Glance ~ May 2004
By: Heather E. Krans
Employment
Porter v. City of Manchester & a., No. 2003-099
May 14, 2004: Verdict against City of Manchester reversed and remanded; verdict against Susan Lafond affirmed.
Issues raised by City of Manchester:
- Whether trial court erred in refusing to instruct jury on respondeat superior.
- Whether plaintiff failed to properly allege and prove his claim of constructive discharge.
- Whether the lower court erred in allowing plaintiff to recover damages for emotional distress.
- Whether the trial court erroneously permitted plaintiff to submit his claim for lost future earnings to the jury.
Issues raised by Susan Lafond:
- Whether the trial court erroneously granted plaintiff’s request for punitive damages.
- Whether the trial court erred in ruling that Lafond was not entitled to qualified immunity.
- Whether the trial court erroneously allowed plaintiff to request damages for violation of his state constitutional rights.
- Whether plaintiff failed to establish that his actions in speaking out about Lafond’s conduct where motivated by the pubic interest.
- Whether the lower court erroneously allowed plaintiff to introduce expert testimony where expert was not disclosed in timely manner.
Clarifies that wrongful termination is a cause of action in tort.
Criminal
State v. Clark, No. 2003-249
May 14, 2004: Reversed and remanded.
- Whether trial court erred in denying defendant’s motion to discharge his bail after defendant received a deferred sentence.
Where bail statutes ensure defendant’s attendance through trial and sentencing only, Defendant’s bail should have been released upon imposition of deferred sentence.
State v. King, No. 2003-512
May 17, 2004: Affirmed.
- Whether there was sufficient evidence to support a guilty verdict on charge of aggravated felonious sexual assault.
- Whether the jury’s verdicts were inconsistent, requiring reversal of conviction.
- Whether the lower court’s failure to release exculpatory evidence (personnel records of investigating officer) violated defendant’s constitutional rights to due process and confrontation.
The court did not address the exculpatory evidence issue due to the defendant’s failure to produce a sufficient record (i.e. the disputed personnel records) to allow for proper review.
Probate/Real Property
Pedersen v. Brook, No. 2003-533
May 17, 2004: Vacated and remanded.
- Whether, in an action for partition of real estate involving former domestic partners, the trial court erred in declaring plaintiff to be the sole owner of the property, and awarding a sum of money to defendant for her interest.
The probate court has full authority to determine all issues relative to actions for partition of real property.
Zoning
Ireland v. Town of Candia, No. 2003-690
May 17, 2004: Affirmed.
- Whether the lower court erred in dismissing plaintiff’s appeal of a decision of the Zoning Board of Adjustment (ZBA) on the grounds that plaintiff’s failed to file the requisite motion for rehearing with ZBA in a timely manner.
Dismissal of plaintiff’s appeal of a ZBA decision to the superior court was required where plaintiff failed to file a motion for rehearing with the ZBA in a timely manner.
 Heather E. Krans is an associate at Wiggin & Nourie, where she is a member of the appellate and domestic relations practice groups. She graduated from Emory University School of Law in 1997. Krans currently serves as vice president of the New Hampshire Women’s Bar Association.
Wanted: A Few Good Writers
The Bar News is looking for Bar members interested in summarizing a given month’s NH Supreme Court decisions for the Supreme Court at a Glance feature. For more information or to volunteer, contact Managing Editor Anita Becker at abecker@nhbar.org or (603) 224-6942, ext. 129.
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