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| Maxi Drug N., Inc. v. Comm'r, N.H. HHS, No. 2005-765,
SUPREME COURT OF NEW HAMPSHIRE, August 22, 2006, Opinion Issued
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Overview: Letter, which adjusted presumption for usual and customary charge for pharmacies, was not authorized under N.H. Rev. Stat. Ann. § 126-A:3(III), but N.H. Rev. Stat. Ann. §§ 541-A:22(I) or :23 did not invalidate it. Letter established presumption as to usual and customary charge, and N.H. Rev. Stat. Ann. § 126-A:5(IV) did not apply.
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| State v. Cohen, No. 2005-261,
SUPREME COURT OF NEW HAMPSHIRE, August 22, 2006, Opinion Issued
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Overview: Trial court properly denied defendant's motion for return of property as the compact discs were either contraband per se or derivative contraband under N.H. Rev. Stat. Ann. § 595-A:6 and were subject to a court's disposal since defendant conceded that the compact discs were counterfeit.
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| State v. Henderson, No. 2005-263,
SUPREME COURT OF NEW HAMPSHIRE, August 22, 2006, Opinion Issued
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Overview: Because N.H. Rev. Stat. Ann. § 651:2(II-g) made it clear that it applied when a defendant has been convicted of a felony, an element of which was the possession, use, or attempted use of a firearm, absent a specific finding by the jury, N.H. Rev. Stat. Ann. § 651:2(II-g) was not applicable. Thus, the trial court erred in sentencing defendant.
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| Stewart v. Bader, No. 2004-820,
SUPREME COURT OF NEW HAMPSHIRE, August 22, 2006, Opinion Issued
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Overview: Defendant's murder conviction was properly given collateral estoppel effect at his wrongful death trial. The fact that defendant had not testified at the murder trial did not mean that he had not had a full and fair opportunity to litigate the issues there, and his argument that a witness had recanted had been raised and rejected previously.
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| Appeal of Town of Hampton (N.H. Pub. Emple. Labor Rels. Bd.), No. 2005-819,
SUPREME COURT OF NEW HAMPSHIRE, August 23, 2006, Opinion Issued
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Overview: Order entered by New Hampshire Public Employee Labor Relations Board was reversed as town police chief did not engage in direct dealing with union members in violation of N.H. Rev. Stat. Ann. § 273-A:5 since he merely responded to arguably inflammatory and inaccurate comments that union's president had disseminated throughout police department.
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| Appeal of Town of Pelham (N.H. Pub. Emple. Labor Rels. Bd.), No. 2005-436,
SUPREME COURT OF NEW HAMPSHIRE, August 23, 2006, Opinion Issued
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Overview: New Hampshire Public Employee Labor Relations Board's finding that town committed unfair labor practice in refusing to reinstate dispatcher upon arbitrator's order was affirmed as there was no public policy against reinstatement of police department employees who were found to be untruthful expressed in statutes, common law, or other authority.
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| State v. Marcoux (In re State), No. 2005-226,
SUPREME COURT OF NEW HAMPSHIRE, August 23, 2006, Opinion Issued
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Overview: Defendant's sentence was vacated as it was error to place burden on State to show that defendant's prior conviction was free from constitutional defect when prior conviction record was silent as to whether defendant had been represented by counsel. Defendant failed to satisfy initial burden of calling into question validity of prior conviction.
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| State v. Smith, No. 2004-595,
SUPREME COURT OF NEW HAMPSHIRE, August 23, 2006, Opinion Issued
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Overview: Despite fact town police officer acted outside officer's jurisdiction when stopping defendant, suppression was not proper remedy under N.H. Rev. Stat. Ann. § 105:4. Seizure did not violate Fourth Amendment or N.H. Const. pt. I, art. 19, as valid investigatory stop occurred after officer saw defendant drive through stop sign and weave all over road.
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| Appeal of White Mt. Reg'l Sch. Dist. (N.H. Pub. Emple. Labor Rels. Bd.), No. 2005-490,
SUPREME COURT OF NEW HAMPSHIRE, August 29, 2006, Opinion Issued
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Overview: A school district committed an unfair labor practice under N.H. Rev. Stat. Ann. § 273-A:5 (1999), as it failed to follow the terms of the CBA when evaluating teacher performance and its procedures were not justified by N.H. Rev. Stat. Ann. § 189:14-a(III) (2005), since that statute did not become effective until after the CBA had been executed.
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| In re Evans, Nos. 2005-353, 2005-354,
SUPREME COURT OF NEW HAMPSHIRE, September 6, 2006, Opinion Issued
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Overview: As purpose of amendment to N.H. Rev. Stat. Ann. § 651:58(I) (2005), which allowed State to seek increase in a defendant's sentence within one year, was remedial rather than punitive, its application to inmate who had committed the crimes before amendment's enactment did not violate Ex Post Facto Clauses of New Hampshire or U.S. Constitutions.
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