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   State Courts - New Hampshire - June 15 - June 26, 2007

  
In re N.H. Div. for Children, Youth & Families (N.H. HHS), No. 2006-510, SUPREME COURT OF NEW HAMPSHIRE, June 15, 2007, Opinion Issued
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Overview: Hearing panel's decision setting rates for childcare providers was proper because Trailer Bill, 2005 N.H. Laws 177:117, did not provide limitation on rates, other than that set by amount of appropriations, and because there was evidence that rates could have been set higher than that proposed by division without exceeding appropriations.

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In re State (Estate of Crabtree), Nos. 2006-329, 2006-334, SUPREME COURT OF NEW HAMPSHIRE, June 15, 2007, Opinion Issued
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Overview: Although a deceased father was obligated to seek modification of his child support obligations under RSA 458-C:2(II) before receiving credit for his children's Social Security dependency benefits, because the trial court did not discuss the exemptions in RSA 161-C:11, 511:2(XVIII), it erred in denying the estate's request for injunctive relief.

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Koor Communs., Inc. v. City of Lebanon, No. 2006-396, SUPREME COURT OF NEW HAMPSHIRE, June 22, 2007, Opinion Issued
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Overview: Communications company failed to establish that either the Federal Communications Act or any relevant regulation satisfied the factor that Congress intended that the provision benefit the company. Thus, no right enforceable under 42 U.S.C.S. § 1983 was shown, and the company was not entitled to attorney's fees under 42 U.S.C.S. § 1988.

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State v. Brown, No. 2006-290, SUPREME COURT OF NEW HAMPSHIRE, June 22, 2007, Opinion Issued
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Overview: Dismissal of the State's complaint against defendant for providing false information to secure a firearm in violation of RSA 159:11 was reversed and remanded because the plain language of RSA 159:11 criminalized conveying false information, including information upon a federal form that was false based upon federal definitions of the form's terms.

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State v. Philip Morris USA, Inc., No. 2006-621, SUPREME COURT OF NEW HAMPSHIRE, June 22, 2007, Opinion Issued
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Overview: Arbitration clause in settlement agreement evinced parties' intent to arbitrate disputes such as independent auditor's decision not to apply adjustment to annual payments; clause language was broad, encompassing any dispute, controversy or claim arising out of or relating to calculations performed by, or determinations made by, independent auditor.

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State v. Polk, No. 2005-921, SUPREME COURT OF NEW HAMPSHIRE, June 22, 2007, Opinion Issued
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Overview: Defendant's conviction for aggravated DWI in violation of RSA 265:82-a (repealed 2006) was affirmed because the factor of attempting to elude police pursuit was added to increase DWI to a misdemeanor to enhance the penalty, and the factor was not a material element that required proof of culpable mental state. State did not have to prove scienter.

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Becksted v. Nadeau, No. 2006-438, SUPREME COURT OF NEW HAMPSHIRE, June 26, 2007, Opinion Issued
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Overview: A directed verdict motion filed by the attorneys and a law office on the carpenters' claim under the New Hampshire Consumer Protection Act, RSA ch. 358-A (1995 & Supp. 2006), where the evidence showed that the attorneys had inflated an unrelated legal bill and used the inflated amount to bargain with the carpenters.

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State v. Haas, No. 2006-291, SUPREME COURT OF NEW HAMPSHIRE, June 26, 2007, Opinion Issued
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Overview: Requiring acquitted defendant to reimburse the State under RSA 604-A:9(I) (2001) for appointed counsel costs was constitutional under N.H. Const. pt. I, art. 15 and U.S. Const. amend. XIV as requiring those who were financially able to pay for a State service was rationally related to the legitimate government interest in recouping costs.

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Town of Rye Bd. of Selectmen v. Town of Rye Zoning Bd. of Adjustment, No. 2006-598, SUPREME COURT OF NEW HAMPSHIRE, June 26, 2007, Opinion Issued
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Overview: A trial court properly affirmed a ZBA's decision allowing a property owner to convert tourist cabins to condominiums where the special exception criteria in Town of Rye, N.H., Zoning Ordinance § 503.3 conflicted with RSA 356-B:5 (1995) by, inter alia, prohibiting the conversion of non-dwelling units to condominiums without any physical unit change.

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