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   State Courts - New Hampshire - April 11 - April 25, 2006

  
In re Bazemore, No. 2005-194, SUPREME COURT OF NEW HAMPSHIRE, April 11, 2006, Opinion Issued
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Overview: Trial court properly considered voluntarily unemployed father's potential earnings rather than his prior salary in computing child support. N.H. Rev. Stat. Ann. § 458-C:2(IV)(a) permitted, but did not require, a court to impute income based on voluntarily unemployed parent's prior earnings, and facts of case supported trial court's decision.

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In re Beal, No. 2004-748, SUPREME COURT OF NEW HAMPSHIRE, April 11, 2006, Opinion Issued
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Overview: N.H. Rev. Stat. Ann. § 458:16-a, II authorized trial courts to distribute marital property "between the parties," but did not authorize trial courts to order a sale of the parties' marital assets to pay their creditors. A trial court erred in a divorce action by ordering the parties' property sold and the proceeds paid to their creditors.

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State v. Burke, No. 2004-787, SUPREME COURT OF NEW HAMPSHIRE, April 12, 2006, Opinion Issued
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Overview: N.H. Rev. Stat. Ann. § 631:2-a(I)(a), which criminalized "unprivileged physical contact," was not unconstitutionally vague, as plain meaning of that phrase included all physical contact not justified by law or consent, and this definition limited police discretion so as to make it unlikely that law would be applied in ad hoc and subjective manner.

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Cadle Co. v. Dejadon, No. 2005-293, SUPREME COURT OF NEW HAMPSHIRE, April 21, 2006, Opinion Issued
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Overview: When read in conjunction with other statutes, N.H. Rev. Stat. Ann. § 508:6 established a 20-year statute of limitations for notes secured by mortgages on real property. Since a note secured by a mortgage remained unpaid by earlier foreclosure and the mortgage was not discharged, the 20-year statute of limitations applied to suit on the note.

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In re Rossino, No. 2004-896, SUPREME COURT OF NEW HAMPSHIRE, April 21, 2006, Opinion Issued
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Overview: Trial court erred in denying a father's petition for a reduction in his child support obligations because the court failed to consider the father's claim that his physical disability prevented him from working, as N.H. Rev. Stat. Ann. § 458-C:2(IV)(a) superseded the Noddin doctrine concerning voluntary unemployment or underemployment.

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Tech-Built 153, Inc. v. Va. Sur. Co., No. 2005-068, SUPREME COURT OF NEW HAMPSHIRE, April 21, 2006, Opinion Issued
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Overview: Trial court properly determined that an employee leasing company's workers' compensation insurance did not provide benefits for an injured worker employed by a subcontractor, as the policy was clearly intended to provide coverage only to the company's employees, not employees of its clients.

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Hall v. Dartmouth Hitchcock Med. Ctr., No. 2004-708, SUPREME COURT OF NEW HAMPSHIRE, April 25, 2006, Opinion Issued
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Overview: Judgment should have been entered for hospital in wrongful birth action where parents failed to produce expert testimony that could have led a reasonable jury to concluded that the hospital failed to inform the parents of an increased possibility that the mother would give birth to a child with serious defect or that the disclosure as not timely.

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State v. Arsenault, No. 2005-208, SUPREME COURT OF NEW HAMPSHIRE, April 25, 2006, Opinion Issued
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Overview: Since the State failed to demonstrate by clear and convincing evidence that defendant's plea was knowing, intelligent and voluntary where the trial court did not advise defendant of the essential elements of the charged offense, acceptance of the plea violated defendant's due process rights guaranteed by U.S. Const. amend. XIV.

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State v. Bean, No. 2004-455, SUPREME COURT OF NEW HAMPSHIRE, April 25, 2006, Opinion Issued
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Overview: In a case in which defendant was convicted of attempted kidnapping, although defendant argued that because the startling event was not the crime itself, the child victim's statements about the crime could not be excited utterances under N.H. R. Evid. 803(2), there was no requirement that the crime be the startling event.

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State v. Livingston, No. 2004-859, SUPREME COURT OF NEW HAMPSHIRE, April 25, 2006, Opinion Issued
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Overview: When an officer stopped defendant's truck for a commercial vehicle inspection, his continued questioning after he realized that the vehicle was not a commercial one was proper because the odor of marijuana, defendant's bloodshot eyes, and defendant's nervousness gave him a reasonable suspicion of criminal activity and thus was not unconstitutional.

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