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| Londonderry v. State, No. 2006-258,
SUPREME COURT OF NEW HAMPSHIRE, September 8, 2006, Opinion Issued
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Overview: Standing alone, N.H. Rev. Stat. Ann. § 193-E:2 did not fulfill the State's duty to define the substantive content of a constitutionally adequate education in the context of N.H. Const. pt. 2, art. 83 in such a manner that the citizens of the state could know what the parameters of that educational program were.
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| Starr v. Governor, No. 2005-470,
SUPREME COURT OF NEW HAMPSHIRE, September 26, 2006, Opinion Issued
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Overview: N.H. Rev. Stat. Ann. § 651:2(II-e), enacted during a special session called by the Governor of New Hampshire, was not invalid for having been outside of the matters enumerated in the Governor's resolution; N.H. Const. pt. II, art. 5 conferred on the legislature the "full power and authority" to make laws, whether in regular or special session.
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| State v. Hall, No. 2005-649,
SUPREME COURT OF NEW HAMPSHIRE, September 26, 2006, Opinion Issued
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Overview: Defendant was not automatically entitled to appointed counsel under N.H. Const. pt. I, art. 15 relating to a postconviction motion for new trial. However, the trial court had discretion to appoint counsel for the motion for new trial, and since defendant's motion was denied without explanation, remand was required.
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| In re Baker, No. 2005-380,
SUPREME COURT OF NEW HAMPSHIRE, September 27, 2006, Opinion Issued
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Overview: N.H. Rev. Stat. Ann. § 458-C:2(I)(a) was unavailable to a father to subtract his obligation to pay his adult child's college education expenses from his gross income before calculating his support obligation for his minor child under the child support guidelines.
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| State v. Pseudae, No. 2005-628,
SUPREME COURT OF NEW HAMPSHIRE, September 27, 2006, Opinion Issued
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Overview: Although search of defendant's locked bedroom and seizure of rifle violated Fourth and Fourteenth Amendments and N.H. Const. pt. I, art. 19, error was harmless in light of overwhelming evidence, including fact defendant threatened to commit a crime, murder, against a person defendant knew was a police officer with purpose to terrorize that person.
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| State v. Thomas, No. 2005-405,
SUPREME COURT OF NEW HAMPSHIRE, September 27, 2006, Opinion Issued
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Overview: Conviction for attempted murder was reversed because jury should have been instructed on lesser-included offenses of attempted first degree assault and reckless conduct; issue of intent was sufficiently disputed to provide a rational basis for the jury to conclude defendant acted only recklessly or with purpose to cause only serious bodily injury.
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| Bel Air Assocs. v. N.H. HHS, No. 2005-522,
SUPREME COURT OF NEW HAMPSHIRE, September 28, 2006, Opinion Issued
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Overview: As policies implemented by the New Hampshire Department of Health and Human Services which affected Medicaid reimbursement to nursing homes were "rules" as defined by N.H. Rev. Stat. Ann. § 541-A:1(XV), and were not adopted in compliance with the New Hampshire Administrative Procedures Act, they were invalid under N.H. Rev. Stat. Ann. § 541-A:22.
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| State v. Gauntt, No. 2004-275,
SUPREME COURT OF NEW HAMPSHIRE, September 28, 2006, Opinion Issued
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Overview: Because defendant provided a rational basis under N.H. Rev. Stat. Ann. § 626:3(I) (1996) for finding him not guilty of driving while certified as a habitual offender under N.H. Rev. Stat. Ann. § 262:23 (2004), the trial court abused its discretion in denying defendant's request for a jury instruction on a lesser-included offense.
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| State v. Goupil, No. 2005-444,
SUPREME COURT OF NEW HAMPSHIRE, September 28, 2006, Opinion Issued
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Overview: Where a juror posted derogatory and biased opinions regarding criminal defendants and judicial process in a blog, which was available to public and other jurors, no reversal was required as defendant did not allege any other jurors even knew of blog, and statement, on its face, did not reference anything specifically related to defendant's case.
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