Justia New Hampshire Supreme Court Opinion Summaries

Defendants James Folley and his wife, Karen Folley, appealed their convictions after a joint jury trial on two counts of theft by unauthorized taking as a principal or accomplice, and as to James, an additional count of financial exploitation of an elderly adult. They also appealed the trial court’s restitution order requiring that they pay restitution to an assisted living facility where the victim resided at the time of the crimes. To the New Hampshire Supreme Court they argued: (1) the evidence was insufficient to support their convictions; and (2) the trial court erred by ordering them to pay restitution to the facility because it is not entitled to compensation under RSA 651:62 (2016). After review, the Supreme Court affirmed defendants’ convictions but reversed the restitution order because the economic loss claimed by the facility was not a direct result of the defendants’ criminal conduct. View "New Hampshire v. Folley" on Justia Law

Defendant Ernest Jones appealed a superior court order denying his motion to suppress evidence that led to his conviction on one count of possession of a controlled drug. He appealed, arguing that the trial court erred by: (1) concluding that he was not seized during his encounter with two Concord police officers; and (2) refusing to consider his race in its seizure analysis. After review, the New Hampshire Supreme Court reversed and remanded because the State failed to meet its burden of showing that defendant was not seized. Furthermore, the Court concluded that race was one circumstance that courts may consider in conducting the totality of the circumstances seizure analysis. View "New Hampshire v. Jones" on Justia Law

Plaintiffs Steve and Pamela Zannini, appealed a superior court order granting summary judgment to defendant Phenix Mutual Fire Insurance Company, on plaintiffs’ breach of contract and declaratory judgment claims. In March 2016, the plaintiffs’ Ashland, New Hampshire residence sustained “significant flooding” as the result of burst pipes. The house was insured by defendant, and plaintiffs filed a claim for water damage. Defendant sent an adjuster to investigate, who instructed plaintiffs to remove the floor of the house so that he could investigate the area underneath. After they did so, the house began to collapse, and plaintiffs repaired its framing to prevent it from collapsing completely. As a result of removing the floor, plaintiffs “suffered a complete loss [of the house] and direct physical loss of [their] personal property and use of the [house] for a substantial amount of time.” On May 3, 2016, defendant sent the plaintiffs a letter denying coverage of the damage caused by the collapse. Plaintiffs argued on appeal to the New Hampshire Supreme Court that: (1) a provision in the insurance policy at issue requiring that suits be brought within one year of the date of loss was unenforceable because it violated public policy; and (2) genuine issues of material fact existed as to whether defendant’s communications tolled the one-year period, and defendant was estopped from asserting or waived it as a defense. The Supreme Court affirmed, finding the one-year limitation period did not violate the public policy underlying statutes of limitations. Further, the communications between the parties did not create issues of material fact as to whether the one- year period was tolled or whether the defendant waived or was otherwise estopped from asserting the provision as a defense. View "Zannini v. Phenix Mutual Fire Insurance Company" on Justia Law

Defendants Evelyn Quimby, Susan Quimby, and Christopher Quimby, appealed superior court orders denying their motion to dismiss the Weare Bible Baptist Church’s motion for contempt, finding the defendants in contempt, and imposing additional obligations upon the defendants. In 1985, Leland Quimby, the patriarch of the defendants’ family, became the pastor of the Church. In 2014, after Leland suffered a stroke, defendants decided to find an interim pastor. Calvin Fuller was voted in by the entire Church membership to become pastor. Thereafter, Fuller invited new members to join the Church, took several actions relating to the administration of the Church and its finances, amended the Church’s corporate charter, and replaced the members of the corporate board. Subsequently, defendants filed an action on behalf of the Church seeking to void the memberships of Fuller, his wife, and the new members he invited to join the Church, and the official acts Fuller took as pastor, due to an alleged failure to comply with the corporate charter. Following a bench trial, the trial court issued a final order in February 2016 (2016 order) in which it concluded that: (1) Fuller was duly elected as pastor with full authority; (2) Fuller, his wife, and the other new members of the Church were properly admitted; and (3) certain “official acts” taken by Fuller and the defendants following Fuller’s appointment were invalid for failure to follow the procedures set forth in the Church’s corporate charter. On appeal, defendants argued the trial court: (1) erred in denying their motion to dismiss because the Church’s contempt motion failed to identify a clear directive of the court that defendants violated; (2) committed an unsustainable exercise of discretion in finding defendants in contempt in the absence of a clear directive in the underlying order; and (3) lacked subject matter jurisdiction to render its findings and rulings because doing so required the court to consider ecclesiastical matters of the Church. Because the Church’s contempt motion asks the court to rule on ecclesiastical matters, the New Hampshire Supreme Court reversed the trial court’s denial of defendants’ motion to dismiss, and vacated and remanded the trial court’s additional rulings. View "Weare Bible Baptist Church, Inc. v. Fuller" on Justia Law

Defendant Christina Hill appealed a superior court order releasing her before trial on the condition that she pay $10,000 cash bail, among other conditions. Defendant was charged with, and pleaded not guilty to, three drug-related charges: possession of heroin, possession of crack cocaine, and sale of crack cocaine. At her arraignment, the State requested that the court preventively detain defendant because her release posed a danger to the community. According to the State, defendant engaged in the charged conduct while released on her own recognizance on another drug possession charge, and on a suspended sentence. The State contended that, by possessing and selling controlled drugs and engaging in other conduct, defendant violated the terms of her release. Although, since filing her appeal, defendant resolved the charges against her by plea, the parties agreed her appeal was not moot “because it presents legal issues that are of pressing public interest and are capable of repetition yet evading review.” They have asked the New Hampshire Supreme Court to decide “the primary issue raised in her bail appeal — whether under RSA 597:2, a trial court may set bail at an amount the defendant cannot meet, on the sole basis that the defendant is a flight risk.” The Supreme Court agreed this issue was not moot, and held that RSA 597:2 (Supp. 2018) (amended 2019) permitted a trial court to set unaffordable bail “on the sole basis that the defendant is a flight risk.” View "New Hampshire v. Hill" on Justia Law

Defendant Henry Carnevale was convicted by jury of felony reckless conduct, with a deadly weapon, and conduct after an accident. Defendant was driving north on Interstate 89 in Grantham, New Hampshire, in his 7,300-pound sport utility vehicle, when he began tailgating a Volkswagen Jetta transporting the victim (driver of the VW) and his three-year-old son. Approaching a construction area, defendant made a hand gesture and moved into the right lane, passing extremely close to the rear of the VW. Defendant abruptly cut back into the left lane, causing the rear of the SUV to hit the front of the VW. The victim was forced to brake heavily and veer right, losing control of his car, and crashing into a guardrail located above an underpass at approximately 65-70 miles per hour. After the crash, there were VW parts, fluids, and tire marks all over the highway. The victim and his son were transported by ambulance to the hospital. After the accident, defendant drove away from the scene, but police identified his vehicle’s license plate and arrested him later that day. On appeal, defendant argued the trial court erred by denying his motions for judgment notwithstanding the verdict (JNOV) on the basis that there was insufficient evidence that he acted “recklessly” and that his automobile constituted a “deadly weapon.” He also argued the trial court erred by denying his motion for a new trial based upon ineffective assistance of counsel. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Carnevale" on Justia Law

Defendant Timothy Barr was convicted by jury on two counts of manufacturing, and one count of possessing, child sexual abuse images. He argued that: (1) RSA chapter 649-A (2016 & Supp. 2018), as applied, violated his right to the freedom of speech guaranteed under the First Amendment to the United States Constitution and Part I, Article 22 of the New Hampshire Constitution because the images underlying his convictions depict legal sexual conduct; and (2) the trial court erred by denying his request to cross-examine the minor depicted in the images about her prior sexual history. The New Hampshire Supreme Court affirmed because child pornography depicting an actual child remained a category of speech unprotected by the First Amendment, and the trial court’s decision to deny the defendant’s cross-examination request was not an unsustainable exercise of discretion. View "New Hampshire v. Barr" on Justia Law

Respondent R.M. appealed a circuit court order that renewed his involuntary admission to New Hampshire Hospital for the purpose of allowing him to remain on a conditional discharge for a period of five years. Respondent was a 30-year-old man who had been hospitalized on multiple occasions as a result of schizophrenia. When respondent doesn't take his prescribed anti-psychotic medication, he becomes paranoid, violent, and suicidal. In addition, he experienced hallucinations, paranoid delusions, and difficulties with impulse control and exhibited “a serious level of aggression.” Respondent was first hospitalized in 2010 after voicing suicidal ideation, stating that he would be “better off dead.” Pertinent here, was admitted on an emergency basis again in February 2015 due to concerns of suicidal threats, incapacity, and his paranoid belief that people were conspiring against him. In early March 2019, a few weeks before the respondent’s three-year conditional discharge was set to expire, the local community mental health center filed a petition to renew his conditional discharge. On appeal, respondent challenged the sufficiency of the evidence and argued the five-year renewal was not the least restrictive treatment option. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "In re R.M." on Justia Law

Defendant Antonio Barletta appealed a circuit court order that awarded plaintiff Jacquelyn Lane $66,000 in damages for his willful interruption of plaintiff’s heat utility service for thirty-three days. Plaintiff rented an apartment from defendant. Shortly after moving in, plaintiff and her grandfather noticed the heating system did not produce heat. Plaintiff notified the defendant of the problem via text message on September 26, 2016, and was told to call the maintenance person for the property. When the maintenance person arrived, he turned on the heating system and observed the pilot light, and instructed plaintiff to leave the system on for a while. He told plaintiff that if she did not begin to feel any heat to contact defendant. The heating problems persisted, and when plaintiff informed defendant, he told her that he would send over a space heater and repair or replace the heating system. Plaintiff received the space heater in November 2016, and, in December, she informed defendant the space heater “[wa]sn’t cutting it.” However, the space heater remained her only source of heat. In August 2017, plaintiff called the local health inspector hoping that a letter from that office might prompt defendant to take action. Nevertheless, the heating system was not repaired. On appeal defendant argued the trial court erred in finding that he caused a “willful interruption” of the plaintiff’s heating service. Alternatively, he argued that even if he did violate RSA 540- A:3, I, the trial court erred in awarding enhanced damages pursuant to RSA 540-A:4, IX(a) (Supp. 2018) and RSA 358-A:10, I (2009). Plaintiff cross-appealed the trial court's denial of her motion for reconsideration as untimely. The New Hampshire Supreme Court vacated the order of the trial court and remanded for further proceedings, concluding that although defendant willfully failed to repair plaintiff’s original heat source, he may not have willfully interrupted plaintiff’s heat in violation of RSA 540-A:3, I, if the space heater he provided was an adequate alternative source of heat. The adequacy of the space heater was not considered by the trial court in the first instance. Therefore, the trial court’s finding of a statutory violation was vacated, as was the damages award resulting from that violation. Plaintiff’s argument that the trial court erred in denying her motion for reconsideration became moot. View "Lane v. Barletta" on Justia Law

Plaintiffs New England Backflow, Inc. (NEB) and Paul Whittemore, appealed a superior court order dismissing several of their claims against defendants the New Hampshire Office of the Fire Marshall (OFM) and Jeremy Cyr, in his official capacity as chief inspector of OFM, for failure to state a claim upon which relief may be granted. Specifically, plaintiffs challenged the trial court’s dismissal of their declaratory judgment requests and their claims of unconstitutional taking, malicious prosecution, and abuse of process. Whittemore started NEB, which installed, repaired, tested, and replaced backflow prevention devices, also known as backflow preventers, for private and public entities. OFM was tipped off by a licensed plumber NEB might be plumbing without a license, which lead to this suit against NEB and Whittemore. Plaintiffs argued to the New Hampshire Supreme Court the trial court erred by: (1) concluding plaintiffs’ declaratory judgment requests were inconsistent with the applicable statutory language without holding an evidentiary hearing; (2) ruling plaintiffs’ request for declaratory judgment relating to a cease and desist order issued by OFM was moot; (3) concluding that Whittemore did not have a vested right to perform his professional work necessary to support plaintiffs’ takings claims; and (4) ruling that plaintiffs failed to state a claim for malicious prosecution and abuse of process. The Supreme Court affirmed the trial court’s order because the declarations plaintiffs sought were inconsistent with the plain and ordinary meaning of the relevant statutory language, their request for the cease and desist declaration was moot, and plaintiffs’ remaining claims failed to state a claim upon which relief may be granted. View "New England Backflow, Inc. v Gagne" on Justia Law