Justia New Hampshire Supreme Court Opinion Summaries

Defendant Richard Racette was convicted by jury on four pattern counts of aggravated felonious sexual assault (AFSA). He argued on appeal that the trial court erred by: (1) barring cross-examination about a witness’s prior statement; and (2) failing to dismiss one of the indictments for insufficient evidence. After review of the superior court record, the New Hampshire Supreme Court concluded the trial court erred by barring cross-examination about the witness’s prior statement, and that the error was not harmless beyond a reasonable doubt. Furthermore, the Court concluded the trial court committed plain error by failing to dismiss one of the indictments for insufficient evidence. Accordingly, judgment was reversed and the matter remanded for further proceedings. View "New Hampshire v. Racette" on Justia Law

Plaintiff Samuel Provenza, formerly employed as a police officer by defendant Town of Canaan (Town), appealed a superior court order: (1) denying his petition for declaratory judgment and “request for temporary and permanent injunctive and other relief”; and (2) granting the cross-claim of the intervenor, the Valley News. Provenza sought to bar public disclosure of an investigative report commissioned by the Town as a result of a motor vehicle stop in which he was involved while still employed by the Town as a police officer; the Valley News sought release of the report under RSA chapter 91-A, the Right-to-Know Law. See RSA ch. 91-A (2013 & Supp. 2021). Finding no reversible error, the New Hampshire Supreme Court affirmed. View "Provenza v. Town of Canaan" on Justia Law

Respondent K.C. appealed a circuit court decision ordering her to involuntary admission to the New Hampshire Hospital (NHH) for a two-year period, to be discharged when clinically appropriate. On appeal, respondent contended NHH presented insufficient evidence at the hearing to support the circuit court’s order. Respondent was diagnosed with bipolar I disorder with manic, psychotic features. She had contacted police in the previous year 300-400 times, believing someone was hacking her phone and “rerouting her to people in black ops.” She had two active protective orders preventing her from contacting her ex-husband and another man, and there was outstanding criminal complaints from her violating those orders. Respondent was admitted to NHH, whereupon she was evaluated by psychiatrists, and the decision was ultimately made to have her committed. Finding no reversible error in the circuit court’s order, the New Hampshire Supreme Court affirmed, finding the evidence presented at respondent’s hearing was sufficient on which to have her involuntarily committed. View "In re K.C." on Justia Law

J.D. and A.D. were removed from their parents’ care in July 2017. In September 2017, the court found that the children were neglected by father and abused and neglected by mother within the meaning of RSA 169-C:3, II(c) (2014) and RSA 169-C:3, XIX(b) (Supp. 2021). In dispositional orders issued in October 2017, the court specified the conditions that the parents needed to correct and the services that DCYF would provide to facilitate reunification. In July 2020, the court found that the conditions leading to the abuse and neglect findings had not been corrected and that the parents had not demonstrated that the children would not be endangered if returned. As a result, DCYF filed petitions for termination of parental rights against both parents in August 2020. The parents appealed the termination of their parental rights to the children. But finding no abuse of the trial court's discretion or other reversible error, the New Hampshire Supreme Court affirmed termination. View "In re J.D.; In re A.D." on Justia Law

Defendant Benjamin Mackenzie was convicted by jury on one count of distribution of a controlled drug — fentanyl — with death resulting. He argued on appeal the trial court erred when it: (1) admitted, as habit evidence under New Hampshire Rule of Evidence 406, testimony that the victim had previously purchased opioids from the defendant; and (2) admitted, as “intrinsic” to the charged crime, text messages between a cellphone alleged to belong to the defendant and other apparent drug customers. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Mackenzie" on Justia Law

Petitioner Tradz, LLC, appealed a New Hampshire Department of Safety, Bureau of Hearings (bureau) decision affirming the New Hampshire Division of Motor Vehicles (DMV) decision to deny petitioner’s applications for title to ten motor vehicles. Petitioner argued the bureau erred by concluding that New Hampshire’s abandoned vehicle statute, RSA 262:40-a (2014), did not provide a basis for it to obtain title to the vehicles. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "Appeal of Tradz, LLC" on Justia Law

This divorce proceeding was initiated in March 2015 by Brian Colsia (husband) against his wife, Allana Kelley-Colsia (wife). Shortly before and during the divorce, Husband took several actions to hide marital assets from Wife and the court, and/or made discovery and recovery of the assets so difficult and costly that Wife would settle for less than that to which she was entitled. At the wife’s request, in February 2020, the trial court appointed a receiver to recover property that had been removed from the marital estate. This interlocutory appeal related to the trial court's order granting the motions to approve settlements filed by the receiver, Attorney Edmond J. Ford (receiver). Finding no reversible error in the trial court's grant of the motions to approve the receiver's settlements, the New Hampshire Supreme Court affirmed. View "In the Matter of Colsia" on Justia Law

Defendants GMPM Company and 479 Maple Street, LLC, appealed a circuit court order granting the petition for wrongful eviction filed by plaintiff Melissa Natal. On appeal, defendants argued the circuit court erred by determining that its property was not a “shared facility” as defined by RSA 540-B:1 (2021). Specifically, defendants argued RSA 540-B:1 did not require that an owner occupy the premises, but, rather, only that an owner have access to the common areas for the purposes of cleaning, maintaining, and monitoring the premises. The New Hampshire Supreme Court concluded that, for property to qualify as a shared facility under RSA 540-B:1, the owner had to reside at the premises with the occupants. Accordingly, judgment was affirmed. View "Natal v. GMPM Company & al." on Justia Law

Plaintiff Janet Bisceglia appealed a superior court order granting summary judgment to defendants' the New Hampshire Secretary of State and the New Hampshire Department of Natural and Cultural Resources (collectively the State). The court ruled that the State was immune from liability for plaintiff’s negligence claim under New Hampshire’s recreational use statute. Plaintiff and her family visited a historic lighthouse situated on land in New Castle, which was owned by the United States. That federal land was adjacent to Fort Constitution, which was owned and operated by the State. While plaintiff was standing on the federal land next to the outer wall of Fort Constitution, a portion of the wall fell on top of her, causing her substantial injuries. The trial court determined that because the State “held Fort Constitution out to the public at no charge” and the wall “was maintained as part of the historic site for the use and enjoyment of the public,” RSA 508:14, I, shielded the State from liability, “regardless of whether Plaintiff was physically on [the State’s] property at the time of the injury.” The court denied the plaintiff’s motion for reconsideration. The New Hampshire Supreme Court reversed, finding it was undisputed that plaintiff did not use the State’s land; the trial court erred in granting the State’s motion for summary judgment based on RSA 508:14, I. View "Bisceglia v. New Hampshire Secretary of State & al." on Justia Law

Defendant Javon Brown was convicted by jury of misdemeanor domestic violence, for which he was sentenced to twelve months in the house of corrections and fined. Defendant appealed his conviction, arguing that the trial court erred by ruling that evidence of a phone call was admissible when the call was not authenticated as required by New Hampshire Rule of Evidence 901. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Brown" on Justia Law