Justia New Hampshire Supreme Court Opinion Summaries

The petitioner, Maria Cristina Jarero Penichet (mother), appealed orders from the Circuit Court granting the motion of the respondent, Kenneth Corroon (father), to deny registration of a foreign child support order from Mexico under the Uniform Interstate Family Support Act (UIFSA). The Circuit Court concluded that the Mexico court did not have personal jurisdiction over the father and denied the mother’s request to reopen the record.The mother and father, who are unmarried, have one minor child born in New York in 2016. They executed a Stipulation of Paternity, Custody, and Access in New York, granting the mother sole custody and the right to relocate with the child, which she did, moving to Mexico in September 2016. The father, who lives in New Hampshire, began providing monthly child support. In 2022, the mother filed a petition in Mexico City for child support, resulting in a temporary support order. She then sought to register this order in New Hampshire, which the father contested, arguing that Mexico lacked personal jurisdiction over him.The Circuit Court found that the father did not have sufficient minimum contacts with Mexico to justify its exercise of personal jurisdiction. The court issued temporary orders to protect the child’s interests and denied the mother’s motion for reconsideration and to reopen the record, concluding that the additional facts presented did not establish jurisdiction.The Supreme Court of New Hampshire reviewed the case de novo and affirmed the Circuit Court’s decision. The court held that the father did not purposefully avail himself of the benefits and protections of Mexico’s laws, as required by the Due Process Clause of the Fourteenth Amendment. The court also found no error in the Circuit Court’s refusal to reopen the record, as the mother did not provide reasons why the new information could not have been presented earlier. View "In the Matter of Penichet and Corroon" on Justia Law

The defendant, Roger Roy, was charged with offenses against an intimate partner between July 14 and July 16, 2019. After a jury trial, he was found guilty of one count of felony domestic violence - criminal threatening with a deadly weapon and four counts of misdemeanor domestic violence - simple assault. The defendant appealed, and the New Hampshire Supreme Court affirmed his convictions in 2021. Subsequently, the defendant filed a motion to set aside the verdicts, arguing that the State knowingly used false evidence, specifically the victim's testimony about the year of text messages exchanged between them.The Superior Court denied the defendant's motion, finding that although the victim's testimony was false, the defendant did not establish that the State knowingly used perjured testimony. The defendant appealed this decision, arguing that the State's failure to correct the false testimony affected the jury's judgment.The New Hampshire Supreme Court reviewed the case de novo and found that the victim's false testimony was material to the defendant's convictions. The court determined that the false testimony could have affected the jury's judgment, as it undermined the victim's credibility. The court also concluded that the State should have known the testimony was false, given its awareness of the defendant's pretrial detention in 2018.The court held that the State's failure to correct the false testimony was not harmless error and reversed the denial of the defendant's motion to set aside the verdicts. The case was remanded for a new trial on the count of domestic violence - criminal threatening with a deadly weapon and the four counts of domestic violence - simple assault. View "State v. Roy" on Justia Law

Gilbert Menke died on July 13, 2016, following a work-related injury. He was survived by his common law spouse, Maia Beh, and their daughter. Beh received a letter from the decedent’s employer’s insurer, informing her that she and her daughter might be entitled to workers’ compensation benefits. Beh provided the necessary documentation and requested benefits for her daughter, which were authorized by the New Hampshire Department of Labor (DOL). In October 2020, Beh requested to be added to the list of dependents for death benefits allocation, which the insurer denied, arguing that her request was outside the statute of limitations.The DOL ruled that Beh’s request was not a new and separate claim and was not barred by the statute of limitations. The insurer appealed to the New Hampshire Compensation Appeals Board (CAB), which held a de novo hearing and concluded that Beh’s request was a separate claim barred by the statute of limitations. Beh’s motion for rehearing was denied, leading to this appeal.The New Hampshire Supreme Court reviewed the case and concluded that adding a dependent to an open death benefits claim does not constitute a separate claim. The court held that the New Hampshire Workers’ Compensation Law does not set a time limit for a dependent to request allocation of benefits under an open death benefits claim. The court reversed the CAB’s decision, ruling that as long as a timely claim for death benefits is filed by any dependent, subsequent requests for allocation by other dependents are not barred by the statute of limitations. The case was remanded for further proceedings consistent with this opinion. View "Appeal of Estate of Menke" on Justia Law

The defendant, Jalen Miller, was convicted by a jury in Superior Court on multiple charges, including second-degree assault-domestic violence, simple assault-domestic violence, criminal mischief, obstructing the report of a crime or injury, and false imprisonment. The charges stemmed from an incident where Miller and the victim, his wife, had an altercation that escalated into physical violence. Miller was accused of throwing the victim down stairs, choking her, hitting her, and damaging her cell phone to prevent her from calling the police.The trial court denied Miller's requests for a jury instruction on mutual consent for one of the simple assault charges and for dismissal of the false imprisonment charge. The court also denied his motion to dismiss the simple assault charge related to pinning the victim on the bed. Miller was sentenced to three to six years for second-degree assault-domestic violence and received suspended sentences for the other charges.On appeal, the New Hampshire Supreme Court reviewed several issues. The court found no error in the trial court's refusal to instruct the jury on mutual consent, as the evidence did not support such a defense. The court also upheld the jury instruction on obstructing the report of a crime, finding it adequately covered the necessary elements. Additionally, the court determined that the common law merger doctrine did not apply to the criminal mischief and obstructing the report of a crime convictions, as they required different evidence.However, the court concluded that the false imprisonment conviction should have merged with the simple assault-domestic violence conviction, as the confinement was incidental to the assault. Consequently, the court reversed the false imprisonment conviction but affirmed the other convictions. View "State v. Miller" on Justia Law

Port City Air Leasing, Inc. (Port City) leases land and buildings at Pease International Tradeport for aircraft-related services. Pease Aviation Partners LLC, doing business as Million Air Portsmouth (Million Air), proposed to lease adjacent land to build a similar facility and applied for a permit to dredge and fill wetlands to construct an access road. The New Hampshire Department of Environmental Services (DES) issued the permit in June 2022. Port City filed an administrative appeal with the New Hampshire Wetlands Council (Council), arguing that the permit issuance was unlawful and unreasonable. Million Air intervened and moved to dismiss the appeal, claiming Port City lacked standing.The Hearing Officer ruled that Port City lacked standing because it was not a "person aggrieved" under RSA 482-A:10, I, which includes the applicant and those entitled to notice by mail under RSA 482-A:8 and RSA 482-A:9. The Hearing Officer determined that Port City was not an "abutting landowner" entitled to notice. Port City's motion for reconsideration and rehearing was denied, leading to this appeal.The Supreme Court of New Hampshire reviewed the case and affirmed the Council's decision. The court held that Port City is not a "landowner" under RSA 482-A:9 because its lease does not grant interests equivalent to fee ownership. Consequently, Port City is not a "person aggrieved" with standing to appeal under RSA 482-A:10, I. The court also rejected Port City's due process claims, concluding that the absence of an administrative remedy does not violate its state or federal due process rights, as Port City still has potential legal remedies for any injuries. The court affirmed the dismissal of Port City's appeal. View "Appeal of Port City Air Leasing, Inc." on Justia Law

The case involves the father of J.M. (Father) appealing an order from the Circuit Court denying his motion to dismiss a neglect petition due to defective service of process. The New Hampshire Division for Children, Youth and Families (DCYF) filed the petition after J.M.'s mother passed away, leaving J.M. without a caretaker. Father, who was living in Florida and had not seen J.M. for over a year, was served with the petition by a process server. He argued that service was defective because it was not performed by a law enforcement officer as required by RSA 169-C:8, I.The Circuit Court denied Father's motion to dismiss, and the adjudicatory hearing proceeded, resulting in a finding of neglect and an order for J.M.'s out-of-home placement. Father did not immediately appeal the denial of his motion to dismiss and participated in the hearing, leading to the waiver of his service of process challenge under Mosier v. Kinley.The Supreme Court of New Hampshire reviewed the case and agreed with DCYF that Father waived his challenge by not appealing immediately. The court also found sufficient evidence to support the trial court's neglect finding, noting that Father had not seen J.M. for 18 months and had not provided any support for two years despite being financially able.The court affirmed the trial court's decision, concluding that the neglect finding was supported by evidence and that the trial court did not err in continuing J.M.'s out-of-home placement instead of placing J.M. in Father's custody under DCYF supervision. The Supreme Court clarified that appeals from a denial of a motion to dismiss for lack of personal jurisdiction are discretionary and must be filed within 30 days. View "In re J.M." on Justia Law

The respondent, Justin Nadeau (husband), appealed the final decree of divorce from the petitioner, Michelle Nadeau (wife), issued by the Circuit Court. The husband argued that the trial court erred in dividing the marital estate and denying his request for alimony. Additionally, the husband and his parents, James and Gail Nadeau, contended that the trial court erred in adding the parents to the action for discovery purposes only.The Circuit Court found that the parties had a wedding ceremony in June 2009, but the officiant's license had lapsed, leading to a second civil ceremony in July 2009. Before the June ceremony, the parties signed a prenuptial agreement. The husband owned properties in Rye and Portsmouth, which were transferred to a trust managed by his father before the second ceremony. The wife discovered these transfers in 2012 during an investigation by the Attorney General’s Office. The Rye property was sold in 2013 or 2014, and the State Street property was sold during the divorce proceedings. The wife filed for divorce in May 2020, and the trial court joined the husband’s parents for discovery purposes due to the husband's non-compliance with discovery orders.The Supreme Court of New Hampshire reviewed the case and affirmed the trial court's decisions. The court held that the trial court did not err in treating the State Street and Rye properties as part of the marital estate, as the transfers were likely fraudulent and diminished the marital estate's value. The court also found that the trial court did not unsustainably exercise its discretion in awarding the wife the proceeds from her personal injury settlement. Additionally, the court concluded that the trial court's decision to join the husband’s parents for discovery purposes did not affect the outcome of the case, as the adverse inferences were drawn from the husband's own actions. View "In the Matter of Nadeau & Nadeau" on Justia Law

The case involves five severely developmentally disabled men who require intensive care in a residential treatment setting and receive services through New Hampshire’s developmental services system. These services were provided by the Judge Rotenberg Educational Center, Inc. (JRC) in Massachusetts, funded by federal Medicaid home and community-based services (HCBS) waiver funding. In 2022, the federal Centers for Medicare and Medicaid Services (CMS) informed the New Hampshire Department of Health and Human Services (DHHS) that JRC was not an approved HCBS provider, and funding for services at JRC would cease. DHHS committed to funding the services with state funds temporarily, but this was not extended beyond September 2, 2022.The petitioners appealed to the DHHS Administrative Appeals Unit (AAU), arguing that the termination of funding without an alternative placement amounted to a termination of their services. The Commissioner initially ordered DHHS to continue funding during the appeals. However, in March 2023, the Commissioner granted summary judgment to DHHS, ruling that the services were not terminated but required to be provided in a qualified facility. The Commissioner also ruled that RSA chapter 171-A prohibits DHHS from using state funds for services that do not comply with the federal Settings Rule.The Supreme Court of New Hampshire reviewed the case and concluded that the petitioners had a right to appeal the termination and non-renewal of their service contracts with JRC. However, the court affirmed the Commissioner’s decision, holding that RSA chapter 171-A prohibits DHHS from using state funds for services provided by a provider that does not comply with the federal Settings Rule. Thus, the court affirmed the summary judgment in favor of DHHS. View "Petition of Mason" on Justia Law

The decedent, Marc F. Thurrell, executed a will in 1997, leaving his estate to his father and, if his father predeceased him, to his uncle. Both the father and the uncle died before the decedent. At the time of the decedent's death, the uncle's children and the decedent's sister (the respondent) were alive. The respondent argued that the estate should pass to her under New Hampshire's anti-lapse statute, RSA 551:12, as the sole surviving lineal descendant of the father, or alternatively, through intestacy.The Circuit Court (Moran, J.) granted a petition for estate administration, listing the uncle's children as beneficiaries and appointing the petitioner as executor. The respondent objected, arguing that the estate should pass to her under the anti-lapse statute or through intestacy. The trial court ruled that the bequest to the father lapsed due to a survivorship requirement, but the bequest to the uncle did not lapse, applying the anti-lapse statute to pass the estate to the uncle's children. The respondent's motion for reconsideration and subsequent motion to determine heirs were denied.The Supreme Court of New Hampshire reviewed the case and affirmed the trial court's decision. The court held that the decedent's will did not express an intention for the will to lapse or for the anti-lapse statute to be inapplicable to the uncle's bequest. The will's language indicated that the decedent intended for the anti-lapse statute to apply to the uncle's bequest, allowing the uncle's children to inherit. The court also found that the intentional omission clause in the will did not preclude the uncle's children from inheriting, as they were provided for in the will through the anti-lapse statute. The court concluded that the trial court did not err in applying RSA 551:12 to the residual bequest to the uncle and properly denied the respondent's motion to determine heirs. View "In re Estate of Thurrell" on Justia Law

The case involves improvements made by Robin and Phyllis Gelinas to their condominium unit, which expanded into the limited common area. Plaintiffs Anthony and Rosemarie Moda and Anthony and Olga Alba sued the defendants, Fernwood at Winnipesaukee Condominium Association and the Gelinases, seeking a declaratory judgment, costs and attorney’s fees, and a permanent injunction. The plaintiffs appealed, and the defendants cross-appealed, a decision of the Superior Court granting summary judgment in favor of the defendants.The Superior Court granted the defendants' motion for summary judgment, denied the plaintiffs' cross-motion, and denied the plaintiffs' motion for reconsideration. The court also awarded attorney’s fees to the defendants. The plaintiffs challenged the trial court’s conclusion that provisions of the Fernwood declaration of condominium waived the requirements of RSA 356-B:19, I concerning the assignment and reassignment of limited common area.The Supreme Court of New Hampshire reviewed the case and determined that the trial court erred in its interpretation. The court found that the Fernwood declaration did not expressly provide a waiver from the requirement of RSA 356-B:19, I. The court concluded that the Gelinases' expansion into the limited common area required compliance with RSA 356-B:19, I, which necessitates the consent of all adversely affected unit owners. The court also disagreed with the trial court's finding that all unit owners were adversely affected as a matter of law.The Supreme Court of New Hampshire vacated the trial court’s grant of summary judgment and the award of attorney’s fees to the defendants, and remanded the case for further proceedings. View "Moda v. Fernwood at Winnipesaukee Condo. Ass'n" on Justia Law