Justia New Hampshire Supreme Court Opinion Summaries

Defendant Daniel Bent was convicted by a jury on one count of second degree assault and three counts of reckless conduct. In 2007, the superior curt sentenced him to three to six years in the state prison, and ordered him to pay restitution, plus a statutory administrative fee. The victim of the assault brought a civil suit against Defendant, his employer and the employer's insurance carrier. The parties came to a settlement agreement. In 2010, Defendant moved the court to vacate the restitution order as a result of the settlement reached in his case. Following a hearing, the court denied his motion. After a request for clarification of its order, the court set an amount for restitution. On appeal, Defendant argued that the trial court erred in setting the amount of restitution because the State did not meet its burden of demonstrating the amount of the victim's economic loss that could be attributed to the assault. Furthermore, Defendant argued that even if the record supported the amount set, the trial court erred in setting an amount without determining whether it would be a double recovery to the victim. Finding that the trial court had not determined the amount of restitution to be set in Defendant's case, nor whether any portion of that amount would result in a double recovery to the victim, the Supreme Court vacated the trial court's decision and remanded the case for further proceedings. View "New Hampshire v. Bent " on Justia Law

Respondent, the father of "Haley K.," appealed a family division order that terminated his parental rights. He argued that the trial court erred in finding the State provided reasonable services for his reunification with the child. Finding that Respondent failed to make adequate provisions for his child's care and support during his incarceration ("respondent's physical unavailability did not absolve him of his parental obligation to provide for the care of his child"), the Supreme Court affirmed the trial court's decision terminating his parental rights. View "In re Haley K. " on Justia Law

Respondent A&J Beverage Distribution, Inc. appealed decisions of the Department of Labor (DOL) brought under the Whistleblowers' Protection Act by Petitioner Kevin Perrier. Petitioner worked for A&J as a truck driver. When he first started working, Petitioner did not participate in the company health plan. When premiums increased, Petitioner opted out of the plan. In 2009, rates decreased, and Petitioner claimed he was not informed of the decrease. When he sought information on the plan at that time, the company refused to give it to him. Petitioner notified the company that he had contacted the federal Department of Labor to learn more about his rights under ERISA with regard to notification of the company health plan. A&J then gave Petitioner the requested information, but shortly thereafter, he was terminated. The New Hampshire DOL hearing officer ruled that Petitioner "sustained his burden of proof to show that he was discharged in retaliation for having exercised his legitimate rights under the law." On appeal, A&J asserted preemption: that the whistleblower claim was preempted by ERISA. Upon review, the Supreme Court vacated the DOL's decision: "while the petitioner correctly notes that state and federal courts have concurrent jurisdiction over actions... his whistleblower claim is not such an action. ... [the Court] reject[ed] the petitioner's argument that DOL had jurisdiction over the petitioner's ERISA claim." View "Appeal of A&J Beverage Distribution, Inc. " on Justia Law

Defendant Patricia Smith appealed a superior court's decision to deny her motion to suppress evidence. She was charged with one felony county of manufacturing marijuana, and moved to suppress evidence obtained when police searched her property after an informant tipped police that she was growing marijuana plants in her house. Defendant argued that police violated Part I, Article 19 of the State Constitution because they entered the curtilage of her home without first obtaining a warrant. Furthermore, she argued that she had a reasonable expectation of privacy in the wooded area behind her home because of its close proximity to the house itself and because police did not make their observations from a public vantage point. Upon review, the Supreme Court concluded that the information contained within the four corners of the warrant application provided probable cause to support Defendant's search warrant. The Court affirmed the superior court's decision. View "New Hampshire v. Smith " on Justia Law

Plaintiff Michael Silverstein appealed the decision of the New Hampshire Public Employee Labor Relations Board (PELRB) which declined to exercise jurisdiction over his unfair labor practice complaint against Defendant Andover School Board (School). In May 2010, Plaintiff, a physical education teacher at the Andover Elementary/Middle School, signed an employment contract that reduced him from a full-time (five days per week) employee to a four days per week employee, cut his salary by approximately $7000, and increased his costs for health insurance. Later, pursuant to a three-step grievance process in the collective bargaining agreement (CBA) governing his employment, Plaintiff initiated a grievance against his employer arising out of the reduction. The PELRB concluded that it lacked jurisdiction "to interpret the Andover CBA and decide the merits of Mr. Silverstein's complaint during the grievance proceedings and after the grievance proceedings are completed." Subsequently, the PELRB denied Plaintiff's motion for a rehearing. The Supreme Court "explicitly reiterated" that the PELRB has no authority to interpret a CBA or review the merits of a grievance when the CBA to which the parties are subject includes a final and binding grievance process internal to the employer, and affirmed the PELRB's decision. View "Appeal of Michael Silverstein " on Justia Law

Anthony F. appealed an order by the Derry District Court that denied his motion to suppress evidence that supported a child delinquency petition against him. The juvenile was stopped by school officials as he was leaving campus one morning in 2008. He refused to return, stating he did not feel well. Assistant principals escorted him back to the school where he was searched. One assistant principal asked the juvenile if he had "anything on [him] that [he] shouldn’t have on school property." The juvenile eventually handed over a small bag of marijuana that he retrieved from inside his sock. Subsequently, a delinquency petition was filed. The juvenile moved to suppress the marijuana evidence, arguing that the search was unconstitutional under the New Hampshire and Federal Constitutions. The State countered that there was no search under the law, but even if a search occurred, it was constitutionally valid. Upon review, the Supreme Court concluded that the facts of this case did not support a finding of reasonable grounds for suspecting that a search of this juvenile would turn up contraband. The assistant principals searched the juvenile because it was school policy to search all students who return to school after leaving an assigned area. The record reveals, however, that the juvenile was leaving the school, not returning. It was school officials who forced his return. The Court held that the search was "suspicionless" and as such, illegal. The Court reversed the decision in this case and remanded the case for further proceedings. View "In re Anthony F. " on Justia Law

This case was an interlocutory appeal of two orders of the Conway Family Division that granted Petitioner Tami Mallett's motions to amend and for attorney's fees. Petitioner and Respondent Michael Mallett were involved in a long-term relationship, but never married. During the nearly fourteen years they were together, they had two children and held themselves out as a married couple. They wore wedding rings, shared the same last name, owned property together, and worked jointly in business enterprises. In 2009, Tami filed a petition for divorce. In response, Michael filed a motion to dismiss, based upon the fact that he and Tami never married. The trial court granted Michael's motion in part, but ruled that it would nonetheless "address all issues of parenting and child support raised" in the petition for divorce. The court also ruled that it had "equitable authority to make certain adjustments of the rights and interests of the parties," and granted Tami leave to amend her petition, or to file parenting and equity petitions to more fully develop her theories related to, among other things, the division of the parties' personal and real property. Tami then filed a motion to amend, and later a motion for attorney's fees. In two separate orders, the court granted both motions. Michael moved for reconsideration of the orders, or in the alternative, for an interlocutory transfer. The trial court granted the request for an interlocutory transfer, and transferred six questions to the Supreme Court. "While unmarried parties are expressly within the family division’s jurisdiction for purposes of child-related matters, [the] statutory scheme plainly restricts all divorce remedies and property distribution to married couples." The Supreme Court reversed both of the trial court's orders in favor of Tami and remanded the case back to the trial court for further proceedings. View "In the Matter of Tami & Michael Mallett " on Justia Law

Defendant Jason Wilmot appealed his convictions on two counts of first-degree assault for recklessly causing serious bodily injury to a person under thirteen years of age. He argued on appeal that the trial court erred in not setting aside the jury's verdict because the evidence could not have supported a conclusion that his statements to police were voluntary, and without those statements the evidence was insufficient to support the jury's verdict. Upon review of the trial court record and the applicable legal standards, the Supreme Court affirmed his conviction. View "New Hampshire v. Wilmot " on Justia Law

Defendant Jack Ward was convicted on thirteen counts of possessing child pornography. On appeal, he argued that the Superior Court erred in denying his motion to suppress on the grounds that the affidavit supporting the application for a search warrant lacked probable cause to search his residence and his computer. Upon review of the trial court record and applicable legal standard, the Supreme Court found evidence sufficient to support the search of Defendant's residence and computer. The Court therefore affirmed Defendant's conviction. View "New Hampshire v. Ward " on Justia Law

Respondent Thomas Henry appealed the final decree in his divorce from Petitioner Marty Henry. He argued that the Derry Family Division erred when it granted Petitioner a fault-based divorce. He also challenged the trial court's division of the parties' property and its decision to award the petitioner alimony. Upon review, the Supreme Court found that the evidence presented at trial supported the trial court's decision to grant a fault-based divorce. Furthermore, the Court concluded trial court did not abuse its discretion in its award of alimony. View "In the Matter of Marty & Thomas Henry " on Justia Law