Justia New Hampshire Supreme Court Opinion Summaries

Defendant Christopher Long appealed a superior court order imposing a portion of his previously-suspended sentences based on findings that he violated the "no-contact" provision of those sentences by filing a petition to establish a parenting plan for his and the victim's child. Long had kidnapped the victim who had been at the time, pregnant with Long's child. Long pled guilty to six criminal charges for which prison sentences were imposed. All sentences included the provision. In August 2014, Long filed a petition in the circuit court to establish a parenting plan for his and the victim’s child. In the petition, Long wanted a "[m]ediator [a]ppointed to help [him and the victim] to create a Parenting Plan." Long also averred that he had had no contact with the child and that there was "currently a restraining order in full effect." He requested that the court send the victim “[a]ll copies of Motions, Notification[s], [and] Financial Affidavits” on his behalf. He did not mention the no-contact provision of his sentences. According to Long (and apparently not disputed by the State), the victim accepted service of the petition at the courthouse, after having been contacted by the court. Thereafter, she filed a petition to terminate the defendant’s parental rights. Thereafter, the State moved to impose portions of Long's suspended sentences. The trial court found that the no-contact provisions were clear and unambiguous and that by filing the parenting petition, Long willfully violated them. Accordingly, the trial court granted the State's motion. The Supreme Court reversed: "On the surface, the disposition of this case might appear straightforward. [. . .] But we cannot simply say 'end of story' and resolve the case on this basis because there are broader constitutional principles at stake. Here, the sentencing order did not give the defendant fair warning that filing the parenting petition constituted 'contact' such that his suspended sentences could be imposed." The case was remanded for further proceedings. View "New Hampshire v. Long" on Justia Law

Appellant Tammy Cole was the biological grandmother of N.B. and J.B. In May 2012, DCYF filed a petition alleging that N.B. and J.B. had been neglected by their biological parents. The court appointed CASA to serve as the children’s guardian ad litem. After the court made a finding of neglect and awarded DCYF legal custody, DCYF removed N.B. and J.B. from their parents’ home and placed them in Cole’s physical custody. In November 2013, the biological parents sexually abused N.B. and J.B. during an unsupervised visit. The court subsequently terminated the biological parents’ parental rights, and the abuse and neglect case was closed. In May 2014, Cole and her husband adopted the children. In July, Cole filed a motion in the circuit court seeking to copy the court’s records relating to the children’s abuse and neglect case. Cole also notified DCYF and CASA that N.B. and J.B. had potential negligence claims against these agencies based upon the abuse that occurred while the children were in the legal custody of DCYF. DCYF and CASA objected to Cole’s motion and each requested a protective order. DCYF and CASA argued that Cole was not entitled to make a copy of the court record, and CASA requested that the court grant a protective order limiting Cole’s inspection of the records to review at the courthouse and limiting disclosure of the court file. After a hearing, the court granted Cole’s motion to copy records and also granted CASA’s request for a protective order, in part. Cole only appealed the part of the circuit court's order required that any future case be filed as confidential and the pleadings filed under seal. She argued that this constituted a prior restraint on free speech that violated her rights under the New Hampshire and United States Constitutions because it was neither narrowly tailored nor did it serve a compelling State interest. Further, she asserted that it impermissibly placed the burden upon her, instead of on the parties seeking nondisclosure, and that it unfairly restricted her disclosure while allowing others to disclose the same information. Because the New Hampshire Supreme Court found that the court’s ruling constituted an unconstitutional prior restraint on speech, it reversed this part of the order. View "In re N.B." on Justia Law

Defendant Christopher Gay was convicted by jury of second degree murder and conspiracy to commit robbery. He appealed the convictions, arguing the Superior Court erred in denying his motion to suppress evidence obtained from an allegedly unconstitutional search and seizure. Furthermore, he argued that the Trial Court erred in excluding evidence of an “alternative perpetrator” and in allowing the State’s expert witness to testify regarding certain footwear impressions. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Gay" on Justia Law

Defendant Dominick Stanin, Sr. appealed a Superior Court decision to impose his two previously suspended sentences. In June 2014, defendant was arrested for loitering (a violation-level offense), and resisting arrest (a misdemeanor). Those charges were tried in September 2014. The trial court acquitted the defendant of the loitering charge and placed the resisting arrest matter “on file without a finding.” In August 2014, defendant was charged with first degree assault, robbery, and being a felon in possession of a dangerous weapon, for his involvement in a stabbing incident. He was subsequently also charged with misdemeanor resisting arrest in connection with the August incident. In October 2014, the State moved to impose the defendant’s two consecutive three-and-one-half-to-seven-year sentences on the ground that his June and August charges established that he had violated the condition of good behavior. On appeal, defendant argued that the trial court erred by denying his pretrial motion in limine seeking to limit the State’s cross-examination of him or, alternatively, to “sever” the bases for the motion to impose. Finding no reversible error, the Supreme Court affirmed the Superior Court's judgment. View "New Hampshire v. Stanin" on Justia Law

The State appealed a superior court order dismissing the charges against defendant Drew Fuller. The court ruled that the 2014 amendments to RSA chapter 169-B, which vested jurisdiction over juvenile delinquents ages 17 and under in the family division of the circuit court, applied retroactively to his case. Finding no reversible error in the superior court's decision, the Supreme Court affirmed. View "New Hampshire v. Fuller" on Justia Law

Defendant Arthur Kardonsky appealed a circuit court's finding that he was guilty of the violation-level offense of driving after suspension of his driver’s license. On appeal, he argued the trial court erred by ruling that this violation-level offense did not require the mens rea of “knowingly.” Because the Supreme Court agreed, it reversed and remanded for further proceedings. View "New Hampshire v. Kardonsky" on Justia Law

Defendant Paul Bedell appealed his convictions on two counts of aggravated felonious sexual assault. Defendant argued the superior court erred when, on the second day of trial, it dismissed a juror after it erroneously concluded that the juror could no longer be impartial. After review, the Supreme Court affirmed because it concluded that, although error, the juror’s dismissal was not prejudicial because an impartial jury ultimately rendered the verdict in defendant’s case. View "New Hampshire v. Bedell" on Justia Law

Defendant Rodric Reinholz was convicted by jury on two counts of pattern aggravated felonious sexual assault (AFSA), two counts of ASFA by individual acts, and one count of felonious sexual assault (FSA). On appeal, defendant argued the superior court erred when it admitted into evidence an "affidavit" written by the victim. He also argued that his convictions on the two pattern AFSA charges should have been vacated under the rule of mandatory joinder that the New Hampshire Supreme Court adopted in "New Hampshire v. Locke," (166 N.H. 344 (2014)). Finding no reversible error, the Supreme Court affirmed. View "New Hampshire v. Reinholz" on Justia Law

Defendant City of Concord (City) appealed a Superior Court order requiring it to issue demolition permits to plaintiff Everett Ashton, Inc. so that Everett Ashton could remove three abandoned, valueless manufactured homes from its manufactured housing park. The court also ruled that the City could not place a lien on Everett Ashton’s park for the unpaid water bills of the former residents of the abandoned homes, and that, by withholding demolition permits, the City engaged in a regulatory taking, entitling Everett Ashton to compensation and attorney’s fees. After review, the New Hampshire Supreme Court affirmed the court’s ruling that the City had to issue the demolition permits, reversed its rulings concerning the unpaid bills and the regulatory taking, vacated the award of attorney’s fees, and remanded for further proceedings. View "Everett Ashton, Inc. v. City of Concord" on Justia Law

Defendant Joseph Kuchman appealed decisions related to his conviction by a jury on one count of first degree assault. Defendant and his friend, Joshua Texeira, were at a Rochester bar. While there, defendant and Texeira became loud and eventually asked to leave. Following an argument with the victim and the manager of the bar, defendant and Texeira were escorted outside, where defendant threatened the victim and stated that he was going to come back for him. Eventually, the defendant and Texeira walked away. A few minutes later, the victim went out of the back door of the bar to take out the trash and to smoke. The victim saw defendant and Texeira standing near one of the dumpsters, and said something to them. Neither responded, but both defendant and Texeira approached the victim. Texeira then took out an expandable baton that had been in his truck, and hit the victim with it. The victim fell down, and was kicked several times. The victim later identified, by way of photographic lineups, both defendant and Texeira as his attackers. Defendant argued that the trial court erred when it denied his request for a bill of particulars, denied his multiple motions for a mistrial, and admitted evidence of a telephone conversation. Finding no reversible error, the Supreme Court affirmed defendant's conviction. View "New Hampshire v. Kuchman" on Justia Law