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| Appeal of Kaplan (N.H. Dep't of Empl. Sec.), No. 2005-120,
SUPREME COURT OF NEW HAMPSHIRE, March 10, 2006, Opinion Issued
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Overview: In denying claimant unemployment benefits under N.H. Rev. Stat. Ann. § 282-A:32 (I)(e) and N.H. Code Admin. R. Ann. Emp. 503.03, appeal tribunal properly concluded that claimant, who had been an officer and shareholder of a corporation he had cofounded, was self-employed. Fact that claimant had not been a majority shareholder was not determinative.
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| State v. Morabito, No. 2005-151,
SUPREME COURT OF NEW HAMPSHIRE, March 10, 2006, Opinion Issued
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Overview: Since the trial court committed reversible error by interpreting N.H. Rev. Stat. Ann. § 631:4(I) to include a mens rea of "knowingly," defendant's conviction for criminal threatening had to be reversed.
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| In re State (Theodosopoulos), No. 2005-0278,
SUPREME COURT OF NEW HAMPSHIRE, March 15, 2006, Opinion Issued
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Overview: In a case in which defendant was issued a citation for failure to yield after being involved in a vehicular accident with a vehicle driven by an off-duty police officer, to the extent the officer's confidential personnel file contained exculpatory information, defendant was entitled to that information under N.H. Const. pt. I, art. 15.
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| State v. Duquette, No. 2005-186,
SUPREME COURT OF NEW HAMPSHIRE, March 15, 2006, Opinion Issued
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Overview: Trial court properly denied defendant's petition pursuant to N.H. Rev. Stat. Ann. § 651:20 (1996, Supp. 2005) to suspend unserved consecutive sentences but erred in refusing to hold a hearing and give reasons for the denial as to the sentence defendant was currently serving, as the petition was filed in a timely fashion.
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| State v. Horner, No. 2004-831,
SUPREME COURT OF NEW HAMPSHIRE, March 15, 2006, Opinion Issued
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Overview: Trial court properly denied defendant's motion for sentence suspension after successful completion of sex offender program. Although trial court had indicated defendant would be eligible for suspension, the time limitations in N.H. Rev. Stat. Ann. § 651:20, I(a) had not been satisfied and therefore a suspension was not available to defendant.
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| State v. Kim, No. 2004-725,
SUPREME COURT OF NEW HAMPSHIRE, March 28, 2006, Opinion Issued
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Overview: Evidence of defendant's debt from gambling and having a mistress in the two years before murders was properly admitted under N.H. R. Evid. 404(b), as it was not too remote, it was relevant to establish that he was financially pressured enough to rob and murder, and it was not so inherently prejudicial as to outweigh its probative value.
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| Dillman v. Town of Hooksett, No. 2005-564,
SUPREME COURT OF NEW HAMPSHIRE, April 7, 2006, Opinion Issued
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Overview: State supreme court answered federal trial court's certified question about whether individual employee could be assigned his union's right under N.H. Rev. Stat. Ann. § 542:8 to challenge an arbitration award, as he did not have standing because he was not a party to the arbitration and he had surrendered a right to claim that exception applied.
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| Handley v. Providence Mut. Fire Ins. Co., No. 2005-279,
SUPREME COURT OF NEW HAMPSHIRE, April 7, 2006, Opinion Issued
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Overview: Trial court erred in granting summary judgment to an insurance company as to a claim of negligent misrepresentation, as an agent of the company knew that a subcontractor was not covered when a certificate of insurance was issued, and the certificate provided false information to the property owners.
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| In re Juvenile 2004-789-A, No. 2004-789,
SUPREME COURT OF NEW HAMPSHIRE, April 7, 2006, Opinion Issued
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Overview: Pursuant to plain language of N.H. Rev. Stat. Ann. §§ 193:27, 193:29, determination of which school district was "sending district" for purposes of special education expense reimbursement was based on when child was actually placed in a child home; since child lived with mother in a different district, school district should have been dismissed.
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