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| Debonis v. Warden, N.H. State Prison, No. 2005-589,
SUPREME COURT OF NEW HAMPSHIRE, June 9, 2006, Opinion Issued
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Overview: No violation of N.H. Rev. Stat. Ann. § 651-A:15-a took place when a parolee's revocation hearing was held 49 days after the last of three rescheduled dates which the parolee had requested because the parolee expressly waived his right to a hearing 45 days after his arrest. His due process rights were not violated because he showed no prejudice.
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| Desclos v. S. N.H. Med. Ctr., No. 2005-596,
SUPREME COURT OF NEW HAMPSHIRE, June 9, 2006, Opinion Issued
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Overview: Order granting defendants access to patient's psychological records was vacated to allow court to determine whether patient waived privilege. If damages claimed included clinically diagnosed disorder or involved expert testimony, it would waive patient's privilege; however, if the damages claimed were general, it would not waive the privilege.
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| State v. Fichera, No. 2005-122,
SUPREME COURT OF NEW HAMPSHIRE, June 9, 2006, Opinion Issued
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Overview: Trial court erred in granting motion to strike insanity defense where defendant's offer of proof was sufficient to give notice of intent to raise insanity defense and grounds on which defense was based. Offer of proof was insufficient to allow impeach credibility of witness through cross-examination into mental instability and delusional thinking.
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| Boulders at Strafford, LLC v. Town of Strafford, No. 2005-140,
SUPREME COURT OF NEW HAMPSHIRE, June 13, 2006, Opinion Issued
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Overview: Ruling that Strafford, N.H., Zoning & Land Use Ordinances, Subdivision Regs., Non-Residential Site Plan Regs., & Bldg. Regs. ch. 1, § 4.1(F) (2003) was unconstitutional was vacated as it could not be determined what standard was applied. Case was remanded for rational basis review of developer's substantive due process challenge.
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| State v. Abram, No. 2004-502,
SUPREME COURT OF NEW HAMPSHIRE, June 13, 2006, Opinion Issued
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Overview: Trial court erred in joining for trial nine charges of aggravated felonious sexual assault involving acts that occurred or could have occurred subsequent to September 30, 2002; those charges could not have been part of defendant's N.H. R. Evid. 404(b) "common plan" to groom the victims to engage in sex acts with each other for his gratification.
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| D'Antoni v. Comm'r, N.H. HHS, No. 2005-352,
SUPREME COURT OF NEW HAMPSHIRE, June 14, 2006, Opinion Issued
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Overview: Money paid to obtain marriage licenses was not tax in violation of N.H. Const. pt. I, art. 12 and N.H. Const. pt. II, art. 5; charge allocated to special fund for domestic violence programs was fee, not tax, because uncontested evidence demonstrated charges bore reasonable relationship to, and approximated expenses of, issuing marriage licenses.
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| DaimlerChrysler Corp. v. Victoria, No. 2005-357,
SUPREME COURT OF NEW HAMPSHIRE, June 14, 2006, Opinion Issued
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Overview: New Hampshire New Motor Vehicle Arbitration Board exceeded its powers by adopting the inflated vehicle price in the parties' retail installment contract because N.H. Rev. Stat. Ann. § 357-D:3(V) explicitly directed the Board to refund the "full purchase price," which necessarily contemplated only the actual amount required to purchase the vehicle.
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| State v. Beltran, No. 2004-695,
SUPREME COURT OF NEW HAMPSHIRE, June 14, 2006, Opinion Issued
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Overview: State was properly permitted to elicit testimony from defendant's former girlfriend that defendant subjected her to physical abuse, including repetitive use of taser stun gun, as evidence was relevant under N.H. R. Evid. 404(b) to rebut claim girlfriend lied and explain girlfriend's conduct on night of murders and why she initially lied to police.
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| State v. Lacasse, No. 2005-189,
SUPREME COURT OF NEW HAMPSHIRE, June 16, 2006, Opinion Issued
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Overview: Defendant's conviction for violating N.H. Rev. Stat. Ann. § 649-B:4, I, was affirmed, where a rational jury could have concluded beyond a reasonable doubt that the evidence excluded all rational conclusions except that defendant believed the person he was conversing in an on-line chat room was 14 as purported by the person's screen name profile.
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