Justia New Hampshire Supreme Court Opinion Summaries

Defendant Reilly Leith appealed her conviction for theft by unauthorized taking. Specifically, she was accused of shoplifting approximately thirty items from a Newington department store in 2013. She raised issues concerning the admissibility and sufficiency of the evidence presented by the State to establish that the value of the stolen property exceeded $1,000, and thus rendered the offense a class B felony. Finding no reversible error, the New Hampshire Supreme Court affirmed her conviction. View "New Hampshire v. Leith" on Justia Law

Petitioner Andrew Panaggio appealed a decision of the New Hampshire Compensation Appeals Board (board). Petitioner suffered a work-related injury to his lower back in 1991; a permanent impairment award was approved in 1996 and in 1997, he received a lump sum settlement. Petitioner continued to suffer ongoing pain as a result of his injury and has experienced negative side effects from taking prescribed opiates. In 2016, the New Hampshire Department of Health and Human Services determined that Panaggio qualified as a patient in the therapeutic cannabis program, and issued him a New Hampshire cannabis registry identification card. Panaggio purchased medical marijuana and submitted his receipt to the workers’ compensation insurance carrier for reimbursement. The respondent-carrier, CNA Insurance Company, denied payment on the ground that “medical marijuana is not reasonable/necessary or causally related” to his injury. The board denied his request for reimbursement from the respondent.On appeal, Panaggio argued the board erred in its interpretation of RSA 126-X:3, III, and when it based its decision in part on the fact that possession of marijuana is illegal under federal law. The New Hampshire Supreme Court reversed in part and remanded for further proceedings. Specifically, the Court determined that because the board found that Panaggio’s use of medical marijuana was reasonable, medically necessary, and causally related to his work injury, the board erred when it determined the insurance carrier was prohibited from reimbursing Panaggio for the costs of purchasing medical marijuana. The Court determined that because the board’s order failed to sufficiently articulate the law that supported the board’s legal conclusion and failed to provide an adequate explanation of its reasoning regarding federal law, it was impossible for the Court to discern the grounds for the board’s decision sufficient for it to conduct meaningful review. Accordingly, the case was remanded to the board for a determination of these issues in the first instance. View "Appeal of Panaggio" on Justia Law

Jose Batista-Salva, appealed his conviction for witness tampering following a jury trial in Superior Court. He was accused of the armed robbery of a Wendy's in Nashua, New Hampshire; he used to work at the restaurant, and though he was wearing a bandana to obscure his face, a manager there believed he recognized the robber's voice as Batista-Salva's. Batista-Salva raised three arguments on appeal, each of which was premised on an underlying argument that the witness tampering indictment was impermissibly constructively amended. To the extent his arguments were not preserved, he asked the New Hampshire Supreme Court to waive our preservation requirement or consider them under plain error review. The Court declined, finding that the record in this case was ambiguous as to whether defendant relied on the factual allegations in the indictment in defending against the witness tampering charge. The Court declined to waive the preservation requirement in the absence of the record it needed to properly evaluate the merits of defendant's argument. Given these conclusions, the court did not consider any of defendant's other arguments, rejecting the premise on which they relied. As such, the Court affirmed the trial court. View "New Hampshire v. Batista-Salva" on Justia Law

Petitioner, corporate surety Second Chance Bail Bonds, appealed a superior court order requiring that a $10,000 bond petitioner posted for defendant James Castine be forfeited after defendant violated several bail conditions. On appeal, petitioner argued the trial court erred because it can order forfeiture of a bond only if a defendant fails to appear for a court date, and not for violation of other bail conditions. Alternatively, petitioner argues that the trial court erred by ordering forfeiture of the entire $10,000 bond. Finding no reversible error, the New Hampshire Supreme Court affirmed the bond forfeiture. View "Petition of Second Chance Bail Bonds (New Hampshire v. Castine)" on Justia Law

Defendant Edward Proctor was convicted by jury on one count of violating RSA 632-A:10, I, which prohibited people convicted of certain offenses from "knowingly undertak[ing] employment or volunteer service involving the care, instruction or guidance of minor children." Defendant was previously convicted of sexual assault, and at the time of the events leading to his conviction, was on parole. As a result of his conviction, he was required to report quarterly to the local police department so as to initial or sign a sex offender registration form. By initialing or signing the form, the defendant acknowledged that he could not work in positions involving children, including, but not limited to, providing service as a teacher, coach, daycare worker, scout master, summer camp counselor, guidance counselor, or school administrator. Defendant operated his own landscaping business that provided services such as snow-blowing and yard work. In February 2016, defendant provided snow-blowing services for the neighbor of a juvenile in Hooksett. Initially, defendant hired the juvenile to clear the neighbor’s driveway for him. In May 2016, defendant hired the juvenile to work for him on other jobs. He would pick up the juvenile at the juvenile’s home in Hooksett and drive him to job sites in Deerfield and Northwood. The work involved filling in pot holes, pulling weeds, and laying down bark mulch. Defendant told the juvenile what to do and showed him how to do it. The juvenile’s mother learned that defendant was a registered sex offender and directed her son to cease working for him. Defendant's motion to dismiss the indictment on grounds that the statute was unconstitutional was denied. Focusing on the phrase "the care, instruction or guidance of minor children," the New Hampshire Supreme Court concluded the statute did not preclude a person with a qualifying conviction from knowingly undertaking employment as a landscaper because landscaping is not a service that "by [its] nature provide[s] access to children." As such, the Court disagreed with the State's argument that "the care, instruction or guidance" of a minor with the supervision of a minor, and reversed the trial court's judgment. View "New Hampshire v. Proctor" on Justia Law

Defendants were all arrested and convicted of violating a Laconia Ordinance prohibiting nudity in public places. They jointly moved to dismiss the charges against them, arguing the ordinance violated the guarantee of equal protection and their right to free speech under the State and Federal Constitutions. They further contended that the City of Laconia lacked the authority to enact the ordinance and that the ordinance was preempted by RSA 645:1 (2016). Finally, defendants maintained that the ordinance violated RSA chapter 354-A. Following a hearing, the court denied the defendants’ motion, and subsequently found them guilty of violating the ordinance. The New Hampshire Supreme Court agreed with the trial court that the ordinance merely prohibited those who access public places from doing so in the nude, and made a permissible distinction between the areas of the body that must be covered by each gender. Accordingly, their convictions were affirmed. View "New Hampshire v. Lilley" on Justia Law

Respondent, the biological mother of C.O. and G.L., appealed a circuit court order terminating her parental rights over the two minor children on the ground that she failed to correct the conditions that led to the circuit court’s finding that she neglected both children and abused G.L. She argued the circuit court erred in finding: (1) the New Hampshire Division for Children, Youth and Families made reasonable efforts to reunify her with her children after it terminated visits with her children; and (2) she failed to correct the conditions that led to the court’s finding of abuse and neglect because one of the circuit court’s conditions, that she accept responsibility for the underlying abuse, violated her constitutional right against self-incrimination. After review of the facts entered in the circuit court record, the New Hampshire Supreme Court found no abuse of discretion and affirmed. View "In re C.O.; In re G.L." on Justia Law

Plaintiff Samuel Rogers appealed a superior court order dismissing his complaint against his son, Joseph Rogers, upon finding that the probate court and not the superior court, retained exclusive subject matter jurisdiction over his cause of action. Plaintiff’s wife died in March 2012 and the parties’ dispute arose after the disposition of her estate. The decedent’s will named defendant as the executor of the estate, which was comprised of, in pertinent part, two properties in Hollis, New Hampshire: plaintiff’s marital home and the decedent’s 50% ownership interest in 94.3 acres of undeveloped land on Rocky Point Road. In her will, the decedent devised one-third of the estate to plaintiff and the remaining two-thirds to defendant. The probate court appointed defendant as the executor of the estate in May 2012. At some point in 2015, plaintiff learned that the Town of Hollis had either offered to purchase or agreed to purchase Rocky Point for $2,500,000, but, for reasons not established by the record, the sale was never consummated. Thereafter, plaintiff discovered his son had commissioned an appraisal of Rocky Point in 2005 which estimated that the value of the property at that time was $1,950,000. These valuations suggested that following the parties’ exchange of property interests, defendant’s interest in Rocky Point would have been worth approximately $975,000. Based on these discoveries, plaintiffs sued his son in 2016 in superior court, alleging breach of fiduciary duty, fraud, negligence, and unjust enrichment. Defendant moved to dismiss, arguing his father's claims were barred by the statute of limitations, which was within six months of the probate court's issuance of the certificate of appointment in May 2012. Ruling that defendant mischaracterized plaintiff's claims, the superior court denied defendant's motion. Upon reconsideration, the trial court granted defendant's motion and dismissed plaintiff's superior court claims, finding they related the the estate and will, and any misrepresentation of Rocky Point took place during the administration of the estate. The New Hampshire Supreme Court concluded the claims at issue here did not fall within the probate court's exclusive jurisdiction, reversed and remanded for further proceedings. View "Rogers v. Rogers" on Justia Law

Petitioner Kenneth Hart appealed a superior court order denying his petition for a writ of habeas corpus, alleging that he was incompetent to waive his right to counsel and represent himself at trial and on appeal following his convictions of multiple felonies in February 2000. In 1998, the petitioner was arrested and charged with two alternative counts of aggravated felonious sexual assault (AFSA), one count of witness tampering, and one count of resisting arrest. Prior to trial, the petitioner was provided with court-appointed counsel, but he dismissed three of these attorneys and moved to represent himself at trial. The State objected and, after a hearing on the motion, the Trial Court ruled that “a ‘bona fide and legitimate doubt’ exists as to the [petitioner’s] current competency to stand trial and particularly his ability to clearly and effectively waive his constitutional right to counsel” and ordered that the petitioner submit to a psychiatric evaluation. Upon review of the record of the trial court’s colloquy with petitioner, the New Hampshire Supreme Court agreed with the habeas court’s finding and, thus, the trial court’s conclusion, that petitioner understood the implications of waiving his right to counsel and knowingly, intelligently, and voluntarily waived his right to counsel. Thus, petitioner has not met his burden of establishing a fundamental error of law or fact necessary to obtain writ relief. View "Hart v. Warden, New Hampshire State Prison" on Justia Law

The New Hampshire Supreme Court accepted a petition in its original jurisdiction to determine whether the Superior Court erred in ordering the New Hampshire Secretary of State and the New Hampshire Attorney General, defendants in litigation pending before that court, to produce to plaintiffs in the litigation, the League of Women Voters of New Hampshire, the New Hampshire Democratic Party, and various individuals, the New Hampshire Centralized Voter Registration Database established pursuant to RSA 654:45 (Supp. 2018). The Supreme Court concluded the Database was exempt from disclosure by statute, and therefore vacated the trial court’s order. View "Petition of New Hampshire Secretary of State" on Justia Law