Justia New Hampshire Supreme Court Opinion Summaries

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

Defendant Justin Parr appealed his conviction following a superior court bench trial on one count of being a felon in possession of a firearm. Defendant argued the superior court erred in denying his motion to dismiss his felon in possession of a firearm indictment because, in his view, RSA 159:3, I(a) did not prohibit felons from possessing antique pistols and revolvers. Defendant also argued that several provisions of RSA chapter 159 were unconstitutionally vague in violation of the State and Federal Constitutions. After review, the New Hampshire Supreme Court concluded the term “other firearm” in RSA 159:3, I(a) applied to any weapon from which a shot could be discharged by gunpowder, including antique firearms. The Court further concluded RSA 159:3, I(a) was not unconstitutionally vague as applied to felons in possession of antique firearms. Accordingly, judgment was affirmed. View "New Hampshire v. Parr" on Justia Law

Petitioner Dianna Rudder appealed a superior court order upholding the administrative suspension of her driver’s license by the New Hampshire Division of Motor Vehicles (DMV). Petitioner’s suspension was upheld on grounds that she was “in actual physical control of a vehicle upon the ways of this state” while intoxicated. She argued the trial court should have overturned the suspension of her license because the hearing examiner erred when he applied the definition of “way” contained in RSA 259:125, II (2014). Petitioner was sitting in her vehicle, parked with the engine running in a private church parking lot. A police officer observed petitioner exit the vehicle, retrieve a bottle of alcohol from the trunk, and return to the driver’s seat. The officer approached petitioner, who informed him that she was sober when she arrived at the church and that, before leaving, she intended to wait until she was sober or call for a ride. The officer administered a field sobriety test, which petitioner failed. The officer arrested the petitioner for driving under the influence. On appeal, petitioner argued that the officer did not have reasonable grounds to believe petitioner was in control of a vehicle “upon the ways of this state:” the church parking lot where she was arrested was not a “way” within the meaning of the statute. To this the New Hampshire Supreme Court agreed and reversed judgment. View "Rudder v. Director, New Hampshire Div. of Motor Vehicles" on Justia Law

Defendant Roger Dana was convicted by jury of first degree murder, for which he received a sentence of life without the possibility of parole. Defendant appealed, arguing that the trial court erred by admitting hearsay evidence, and by failing to give the false-exculpatory-statement jury instruction that the defendant requested. Finding no reversible error, the New Hampshire Supreme Court affirmed defendant's conviction and sentence. View "New Hampshire v. Dana" on Justia Law

Plaintiff B&C Management (B&C) appealed a superior court order ruling that 911 audio recordings were exempt from disclosure under the New Hampshire Right-to-Know Law, and denying its request for equitable discovery of a 911 audio recording in the possession of defendant New Hampshire Division of Emergency Services and Communications (the Division). On June 16, 2019, a 911 call was placed to the Division, reporting that a guest was injured in a trip-and-fall incident at B&C’s Fireside Inn in Nashua. Subsequently, the guest’s attorney sent a letter to B&C indicating an intent to investigate the fall. This letter did not demand a sum for settlement, and the guest had not filed a lawsuit. B&C submitted a request to the Division under the Right-to-Know Law for the audio recording of the 911 call. The Division denied this request. Then, B&C filed an action in the superior court seeking to compel the release of the 911 audio recording pursuant to the Right-to-Know Law, or, in the alternative, pursuant to the court’s equitable powers. After a hearing on the merits, the trial court denied B&C’s requests. The New Hampshire Supreme Court concluded B&C did not demonstrate the trial court erred by ruling that it was not entitled to the 911 recording under the Right-to-Know Law. Further, the Supreme Court concurred with the trial court that B&C failed to show why the trial court should have granted its request for equitable discovery. Accordingly, judgment was affirmed. View "B&C Management v. New Hampshire Division of Emergency Services" on Justia Law