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   State Courts - New Hampshire - July 13 - July 17, 2007

  
Cayten v. N.H. Dep't of Envtl. Servs., No. 2006-577, SUPREME COURT OF NEW HAMPSHIRE, July 13, 2007, Opinion Issued
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Overview: Trial court erred by permitting supporting individuals who did not sign an appeal to be parties in the appeal after they were dismissed from the administrative proceedings under review and did not file for reconsideration of their dismissal. RSA 482-A:10(XII) was not meant to provide a bypass around the statutory reconsideration and appeal process.

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In re Maynard, No. 2005-727, SUPREME COURT OF NEW HAMPSHIRE, July 13, 2007, Opinion Issued
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Overview: Judgment refusing to strike default entered against wife was affirmed as wife received adequate notice of divorce petition and orders. Sheriff's office served wife with petition and orders at her residence. Sheriff's return was entitled to presumption of correctness. Wife's claim that she did not receive notice was not credible.

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State v. Dupont, No. 2006-504, SUPREME COURT OF NEW HAMPSHIRE, July 13, 2007, Opinion Issued
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Overview: Because the transcripts that defendant sought could only be for the purpose of pursuing a successive collateral proceeding, he was not entitled to preparation of hearing transcripts at the State's expense; therefore, his due process and equal protection rights under N.H. Const. pt. I, arts. 8, 14, 15 were not violated when the request was denied.

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State v. Sharkey, No. 2006-085, SUPREME COURT OF NEW HAMPSHIRE, July 13, 2007, Opinion Issued
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Overview: Judgment was reversed as N.H. Const. pt. I, art. 15 was violated if defense counsel grossly misinformed defendant as to collateral consequences of guilty plea under Massachusetts law, defendant relied upon that advice in pleading guilty, and there was a reasonable probability that defendant would not have done so but for that erroneous advice.

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Demers Agency v. Widney, No. 2006-586, SUPREME COURT OF NEW HAMPSHIRE, July 17, 2007, Opinion Issued
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Overview: Order affirming department of labor's award of wages and liquidated damages to employee was proper because, based on the determination that the employee's year-end bonus was a part of the compensation the employer paid her for her services, the trial court correctly ruled that the employee's bonus qualified as wages under RSA 275:42, III.

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Farm Family Cas. Ins. Co. v. Town of Rollinsford, No. 2006-791, SUPREME COURT OF NEW HAMPSHIRE, July 17, 2007, Opinion Issued
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Overview: Dismissal of insurance company's subrogation claim against town arising from fire department's alleged negligence in restoring electrical power to garage in which a fire had just been extinguished was proper because the property was not a premise "owned, occupied, maintained, or operated" by the fire department for purposes of RSA 507-B:2.

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Kelton v. Hollis Ranch, LLC, No. 2006-743, SUPREME COURT OF NEW HAMPSHIRE, July 17, 2007, Opinion Issued
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Overview: Because there was ample evidence to support a district court's factual determination that a seller made a good faith mistake in selling a horse with an undescended testicle as a gelding, RSA 358-A:2 did not impose strict liability upon the seller.

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