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| Porter v. City of Manchester, No. 2006-025,
SUPREME COURT OF NEW HAMPSHIRE, April 5, 2007, Opinion Issued
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Overview: Trial court properly denied a city's motion for a directed verdict as to claims of wrongful termination by a former employee of a city agency, as a rational jury could have found that retaliatory conduct on the part of the commissioner of the agency against the employee fell within the scope of the commissioner's employment.
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| Sleeper v. Warden, N.H. State Prison, No. 2006-150,
SUPREME COURT OF NEW HAMPSHIRE, April 5, 2007, Opinion Issued
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Overview: Petitioner was improperly granted a writ of habeas corpus because the issue raised of the trial court's alleged error in its failure to immediately conduct an individual voir dire of each juror after some communications indicated an improper shifting of the burden of proof was not raised in a post-verdict motion or on direct appeal.
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| State v. Brown, No. 2005-796,
SUPREME COURT OF NEW HAMPSHIRE, April 6, 2007, Opinion Issued
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Overview: Mental state required to convict one of hindering apprehension under RSA 642:3(I)(a), was intent to hinder apprehension or prosecution; defendant needed only act with intent to harbor or conceal person for apprehension or discovery, which was found from fact police informed defendant they were investigating crime and asked whether he knew suspect.
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| State v. Drake, No. 2006-050,
SUPREME COURT OF NEW HAMPSHIRE, April 6, 2007, Opinion Issued
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Overview: Viewed in their entirety, instructions provided jury with clear and intelligible description of law, used language that tracked statute, and spoke to defendant's theory of case. Evidence that, inter alia, defendant possessed bottle that contained named prescription and 113 tablets of oxycodone supported conviction for possession of controlled drug.
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| Fisher v. Minichiello, No. 2005-884,
SUPREME COURT OF NEW HAMPSHIRE, April 12, 2007, Opinion Issued
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Overview: Because a daughter threatened the administrator of an assisted living center and other staff members, the acts constituted a course of conduct, as defined in RSA 633:3-a(II) (Supp. 2006); therefore, the district court properly issued a stalking protective order under RSA ch. 173-B against the daughter and in favor of the administrator.
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| Hudson v. Dir., N.H. DMV, No. 2006-366,
SUPREME COURT OF NEW HAMPSHIRE, April 12, 2007, Opinion Issued
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Overview: In a license suspension case, while a form that accompanied a driver's blood test did not comply with N.H. Code Admin. R. He.-P 2202.03(b), (f)(1), (4), and (5) (current version at N.H. Code Admin. R. Saf.-C 6402.02), exclusionary language in RSA 265:85(IV) (2004) related only to standards for testing and not methods by which blood was obtained.
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| State v. Giddens, No. 2005-332,
SUPREME COURT OF NEW HAMPSHIRE, April 12, 2007, Opinion Issued
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Overview: Judgment was affirmed as defendant's motion in limine was properly denied; N.H. R. Evid. 404(b) did not prohibit admission of defendant's statement to police as that presence of police when defendant was questioned conveyed that police suspected defendant of sexual assaults was inference, to which Rule 404(b) did not apply.
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| Appeal of N.H. Dep't of Safety (N.H. Pub. Emple. Labor Rels. Bd.), No. 2005-386,
SUPREME COURT OF NEW HAMPSHIRE, April 17, 2007, Opinion Issued
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Overview: A state agency's unilateral change of its employees' annual and sick leave calculation policies was an unfair labor practice, under RSA 273-A:5(I)(h) (1999), because the parties' CBA was ambiguous on such leave's rate of use, and they had accepted a practice on this subject not stated in their CBA, which could not be changed without negotiation.
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| In re Christopher K., No. 2005-532,
SUPREME COURT OF NEW HAMPSHIRE, April 17, 2007, Opinion Issued
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Overview: Trial court did not err in renewing to allow admittee's order for involuntary admission to a receiving facility to allow him to remain on conditional discharge for a period of three years; evidence showed he had to be administered medication to prevent him from a serious likelihood of danger to himself or others, as recognized by RSA 135-C:34(II).
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| State v. Stewart, No. 2005-493,
SUPREME COURT OF NEW HAMPSHIRE, April 17, 2007, Opinion Issued
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Overview: Defendant's conviction of a felony count of issuing a bad check, RSA 638:4, I, IV(a)(1) (1996), was reversed, because the trial court erred in instructing the jury to consider defendant's belief as to his account balance on the date of the check, and the instruction could have misled the jury as to the mens rea requirement.
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