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| Berthiaume v. McCormack, No. 2005-191,
SUPREME COURT OF NEW HAMPSHIRE, February 14, 2006, Opinion Issued
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Overview: In a dispute between a bishop and parishioners regarding a sale of church property, pursuant to 1901 N.H. Laws ch. 232, § 5, the property was that of the bishop because it was expressly conveyed to a previous bishop; it was not the property of the parish under 1901 N.H. Laws ch. 232, § 6.
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| Blagbrough v. Town of Wilton, No. 2005-014,
SUPREME COURT OF NEW HAMPSHIRE, February 14, 2006, Opinion Issued
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Overview: A town could adopt local ordinances to further wetland protection in areas outside the state's regulation. Local regulation within a setback area did not conflict with the state's jurisdiction over wetlands or interfere with the state's purpose in regulating wetlands.
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| In re Ramadan, No. 2004-727,
SUPREME COURT OF NEW HAMPSHIRE, February 14, 2006, Opinion Issued
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Overview: Wife, who had resided in New Hampshire with husband and their children for at least three years when divorce action was commenced, would be subjected to considerable hardship in seeking relief in Lebanon; thus, trial court properly exercised jurisdiction over parties and subject matter of their divorce under N.H. Rev. Stat. Ann. §§ 458:5 and 458:6.
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| State v. Blomquist, No. 2004-045,
SUPREME COURT OF NEW HAMPSHIRE, February 14, 2006, Opinion Issued
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Overview: Trial court correctly ruled that defendant was not entitled to a lesser-included offense instruction on first-degree assault on charge of attempted murder as first-degree assault, N.H. Rev. Stat. Ann. § 631:1(I)(b), required proof that defendant used deadly weapon and attempted murder, N.H. Rev. Stat. Ann. §§ 629:1, 630:1-a, required no such proof.
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| In re B.T., No. 2004-570,
SUPREME COURT OF NEW HAMPSHIRE, February 15, 2006, Opinion Issued
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Overview: Trial court erred in ordering respondent's involuntary admission to hospital for purposes of conditional discharge under N.H. Rev. Stat. Ann. §§ 135-C:34 and 135-C:45 because the symptoms of her mental illness, such as agitation, delusions, and paranoid ideations, did not satisfy the specific acts required to show her present/future dangerousness.
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| State v. Matey, No. 2005-071,
SUPREME COURT OF NEW HAMPSHIRE, February 15, 2006, Opinion Issued
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Overview: Under N.H. Rev. Stat. Ann. § 651:2(V)(a) (2005), sentencing defendant to over five years probation plainly erred, but it was not a plain error to increase the term of his probation, and his admission of a probation violation to his probation officer did not concern the "same offense" to which his right to counsel had attached, so it was admissible.
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| Appeal of the City of Manchester (N.H. Pub. Emple. Labor Rels. Bd.), No. 2005-264,
SUPREME COURT OF NEW HAMPSHIRE, February 24, 2006, Opinion Issued
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Overview: Ruling by the New Hampshire Public Employee Labor Relations Board (PELRB) was reversed because the PELRB erred by determining that the employee's unfair labor practices (ULP) complaint was not arbitrable, and by exercising jurisdiction over the ULP complaint while the just cause grievance was proceeding to arbitration.
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| Fastrack Crushing Servs. v. Abatement Int'l/Advatex Assocs., No. 2005-132,
SUPREME COURT OF NEW HAMPSHIRE, February 24, 2006, Opinion Issued
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Overview: Because subcontractor did not meet 90-day filing requirement of N.H. Rev. Stat. Ann. § 447:17 on complaint against contractor, it failed to assert its rights and could not make claims upon the bond and was not a diligent suitor N.H. Rev. Stat. Ann. § 508:10 intended to protect; subcontractor did not have claim for which writ could be amended.
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| In re Rossino, Case No. 2004-895,
SUPREME COURT OF NEW HAMPSHIRE, February 24, 2006, Decided , February 24, 2006, Filed
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Overview: Since Noddin did not apply where the reduced financial condition occasioned by a party's alleged wrongdoing occurred before the filing for divorce, the trial court erred in imputing income to the husband under N.H. Rev. Stat. Ann. § 458-C:2(IV)(a) where the husband involuntarily resigned from his employment as a police officer prior to the divorce.
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| State v. Mussey, No. 2004-784,
SUPREME COURT OF NEW HAMPSHIRE, February 24, 2006, Opinion Issued
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Overview: Although a prosecutor's comment regarding the credibility of police officers' testimony was improper because it was a personal assurance of credibility, the error was harmless; defendant confessed to injuring the victim, and defendant's confession was strongly corroborated by the medical evidence and testimony of the treating doctors.
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