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| Hartley v. Elec. Ins. Co., No. 2005-903,
SUPREME COURT OF NEW HAMPSHIRE, January 17, 2007, Opinion Issued
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Overview: Because the insured observed gasoline leaking from a saw which had shifted due to the actions of an unidentified vehicle, and he concluded that it posed a danger that required immediate attention, the action of the unidentified driver was directly attributable to the injuries which occurred when the insured attempted to resecure the saw.
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| State v. Flagg, No. 2005-927,
SUPREME COURT OF NEW HAMPSHIRE, January 17, 2007, Opinion Issued
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Overview: Neither reference to "liquor" nor to "beverage" under N.H. Rev. Stat. Ann. § 175:1 referenced a minimum amount needed to compose the regulated liquid. Even a de minimis amount of alcohol is sufficient to trigger a violation. Dismissal of alcohol and open container charges based on officer's act of pouring out contents of beer can was error.
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| State v. Huffman, No. 2005-646,
SUPREME COURT OF NEW HAMPSHIRE, January 17, 2007, Opinion Issued
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Overview: In a theft prosecution alleging that defendant did not use his father's funds to pay for his father's care, a bank's certification regarding subpoenaed records did not comply with N.H. R. Evid. 902(11)(A) because it did not say the records were made at or near the time of the matters stated. Their admission unreasonably prejudiced defendant's case.
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| State v. San Giovanni (In re State), No. 2005-040,
SUPREME COURT OF NEW HAMPSHIRE, January 17, 2007, Opinion Issued
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Overview: The State was not entitled to a writ of certiorari, under N.H. Sup. Ct. 11, after a trial court denied its motion to join multiple offenses in one trial because the State did not show the court's ruling was clearly untenable or unreasonable to the prejudice of its case, as it did not offer facts showing that the offenses were mutually dependent.
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| ElderTrust of Fla., Inc. v. Town of Epsom, No. 2005-706,
SUPREME COURT OF NEW HAMPSHIRE, January 18, 2007, Opinion Issued
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Overview: Taxpayer's articles of incorporation required it to be operated exclusively for public charitable uses. As the articles sufficiently circumscribed its discretion and defined an enforceable charitable obligation even without reference to persons of low income, it was entitled to charitable tax exemption under N.H. Rev. Stat. Ann. §§ 72:23(V), -23-l.
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| Feins v. Town of Wilmot, No. 2005-832,
SUPREME COURT OF NEW HAMPSHIRE, January 18, 2007, Opinion Issued
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Overview: Because N.H. Rev. Stat. Ann. § 672:14(I) (1996) provided that a resubdivision was included in the term "subdivision," and because the specific density provisions of a local ordinance had been eliminated, the town boards erred in denying the owners' site plan and subdivision applications.
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| In re Choy, No. 2005-776,
SUPREME COURT OF NEW HAMPSHIRE, January 18, 2007, Opinion Issued
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Overview: Judgment modifying custody was affirmed as N.H. Rev. Stat. Ann. § 458:17(V)(a)(3) superseded the Perreault standard, and it was of no consequence that a mother did not plead or prove a change in her son's circumstances. Guardian ad litem's recommendations were not given unreasonable weight as there was objective evidence supporting them.
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| Duquette v. Warden, N.H. State Prison, No. 2006-079,
SUPREME COURT OF NEW HAMPSHIRE, January 19, 2007, Opinion Issued
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Overview: Although N.H. Rev. Stat. Ann. §§ 651:2, 632-A:10-a, and 651:3 did not authorize consecutive sentences for petitioner's convictions for several counts of aggravated felonious sexual assault, by repealing former N.H. Rev. Stat. Ann. § 651:3(III), the legislature intended to revive the common law authority for judges to impose consecutive sentences.
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| State v. Holmes, No. 2005-883,
SUPREME COURT OF NEW HAMPSHIRE, January 19, 2007, Opinion Issued
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Overview: State did not have to prove defendant knew that a victim was under age of legal consent for statutory rape conviction under N.H. Rev. Stat. Ann. § 632-A:3(II) because legislature had amended statute many times and did not insert a mens rea and did not provide a reasonable mistake of age defense. Thus, the offense remained a strict liability crime.
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| State v. Veale, No. 2006-043,
SUPREME COURT OF NEW HAMPSHIRE, January 19, 2007, Opinion Issued
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Overview: Because conflict of interest rules of N.H. R. Prof. Conduct 1.10 and 1.7 applied to public defenders and appellate defenders, which functioned as a single firm, defendant's appeal was stayed until lower court ruled on the merits of defendant's ineffective assistance of counsel claim against the public defender and any actual conflict of interest.
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