Justia New Hampshire Supreme Court Opinion Summaries

The State of New Hampshire appealed a superior court order granting defendant Shannon Glavan's motion to suppress evidence seized from her automobile. Defendant was discovered sleeping in the driver's seat in a gas station parking lot. The station had been closed since 11:00 PM; she was discovered at 1:45 AM. The officer that found defendant sleeping shone a light into the car and saw a "loaded syringe containing a clear, reddish liquid" by her leg. The officer believed the syringe to contain narcotics. The officer asked defendant to exit the car, not to touch the syringe to avoid being stuck by the needle. The syringe later tested positive for methamphetamine. Defendant was charged with possession of a controlled substance. In granting her motion to suppress, the trial court concluded there was no recognized automobile exception to the warrant requirement under the State Constitution, and the plain view doctrine did not authorize the officer's warrantless search of defendant’s vehicle. On the facts of this case, the New Hampshire Supreme Court concluded the defendant’s automobile was stopped in transit, and the trial court erred by granting the defendant’s motion to suppress. View "New Hampshire v. Glavan" on Justia Law

Defendant Sean Stacey appealed his convictions on one felony count and one misdemeanor count of possession of a controlled drug. On appeal, he argued the Superior Court erred by denying his motion to suppress evidence of the drugs he was convicted of possessing. At issue was a warrantless search and seizure; police procured a warrant five days after the seizure, which defendant argued was an unreasonable delay such that police did not have probable cause to support his arrest. Finding this argument unavailing in light of New Hampshire caselaw precedent, the New Hampshire Supreme Court affirmed defendant's convictions. View "New Hampshire v. Stacey" on Justia Law

Defendant Jason Wilbur was the former stepfather of the alleged victim (child) in the case. In 2007, the child disclosed she had been sexually assaulted by defendant. Defendant was subsequently indicted on charges of aggravated felonious sexual assault (AFSA), but the State nol prossed the charges in April 2009. In 2010, defendant was re-indicted on: (1) one count of AFSA alleging a single act of digital penetration; (2) one count of AFSA alleging a pattern of digital penetration; (3) one count of AFSA alleging a single act of penile penetration; and (4) one count of AFSA alleging a pattern of penile penetration. In May 2011, a jury found defendant guilty on the two counts of AFSA alleging digital penetration, and acquitted him on the two counts of penile penetration. The New Hampshire Supreme Court affirmed the convictions on direct appeal. In June 2014, defendant moved for a new trial, which the trial court denied following an evidentiary hearing. This appeal followed; defendant alleged his trial counsel’s performance was constitutionally deficient in four respects: (1) failure to rebut the State’s characterization of the defendant’s statement to the police; (2) lack of preparation of the mother for her testimony; (3) introduction of evidence of a prior sexual assault committed against the child by another person without a reasonable strategy; and (4) failure to object to opinion testimony given by a child protective services (CPS) worker. Because the Supreme Court agreed with defendant with respect to claims (1) and (4), the Court found it unnecessary to examine claims (2) and (3). The matter was reversed and remanded for further proceedings. View "New Hampshire v. Wilbur" on Justia Law

The parents of O.D., B.D., and G.D. appealed a circuit court order terminating their parental rights over their children, on the ground that they failed to correct the conditions leading to a finding of neglect. They argued the circuit court violated their due process rights by terminating their parental rights without requiring the New Hampshire Division for Children, Youth and Families (DCYF) to file new abuse or neglect petitions against them after the court issued an ex parte order removing the children from their home during ongoing neglect proceedings and by failing to appoint counsel for them during the neglect proceedings. Finding no abuse of discretion or other reversible error, the New Hampshire Supreme Court affirmed. View "In re O.D." on Justia Law

Plaintiff Atronix, Inc. filed suit against defendant Kenneth Morris for, among other things, breach of contract, and sued defendant Scott Electronics, Inc. for tortious interference with contractual relations. Atronix appealed a superior court’s order dismissing its action for lack of standing. Morris started working at Atronix Sales, Inc. (Old Atronix) in 1982. He was promoted several times over the course of his employment, eventually becoming program manager in the sales department. That position entailed responsibility for the largest and most important of Old Atronix’s accounts. Accordingly, in 1997, Morris was required to sign a non-compete and non-solicitation agreement (the non-compete agreement), and a non-disclosure agreement. In 2011, Old Atronix merged with Atronix, Inc. (the Company). In 2016, Morris left his job with plaintiff and was hired as a general manager by Scott, one of the Company’s competitors. The New Hampshire Supreme Court concluded the terms of Morris’ non-compete agreement was conveyed to the Company according to the terms of its asset purchase agreement, it was still pertinent to the success of the merger. The Company, therefore, had standing to enforce it against Morris. View "Atronix, Inc. v. Morris" on Justia Law

Petitioner Lisa Censabella appealed a superior court’s dismissal of her petition for relief against Hillsborough County Attorney Dennis Hogan under the Right-to-Know Law. Petitioner argued the trial court erred in ruling that she was not a “person aggrieved” under RSA 91-A:7 (2013) and, therefore, lacked standing to pursue this action. In March 2017, petitioner, by and through her attorney, filed a petition seeking, among other things, to enjoin respondent from further violations of the Right-to-Know Law. Petitioner claimed to be a person aggrieved, under RSA 91-A:7, by respondent’s alleged violations of RSA chapter 91-A occurring between December 28, 2015 and November 29, 2016. The petition alleged Attorney Tony Soltani filed a Right-to-Know Law request on her behalf with respondent seeking information regarding another individual, but that the response to the request and to follow-up requests made by Soltani over the ensuing eleven months was late and incomplete. At no time during the exchange did Soltani reveal that petitioner was his client for the purpose of the request, nor did respondent inquire for whom the requests were being made. The first time petitioner’s name was revealed was in the petition filed in the superior court. Respondent moved to dismiss, asserting that, because petitioner was not identified directly or indirectly in any of the requests made by Soltani, she lacked standing to bring the petition. The trial court granted the motion. Respondent argued the petitioner was not a “person aggrieved” because she “never directly requested inspection of government records, nor was she ever identified as a citizen upon whose behalf a request was made.” The New Hampshire Supreme Court discerned no such requirements in the Right-to-Know Law, and reversed the superior court’s judgment. View "Censabella v. Hillsborough County Attorney" on Justia Law

Plaintiff Conduent State & Local Solutions, Inc. (Conduent) appealed a superior court order denying Conduent’s request for a declaration that defendant New Hampshire Department of Transportation (DOT) exceeded its statutory authority, and, therefore, violated the separation of powers doctrine, by procuring from defendant Cubic Transportation Systems, Inc. (Cubic) a new system to support DOT’s electronic collection of tolls, using the “best value” method for evaluating competing bids. On appeal, Conduent argued the DOT had no statutory authority to procure the new system because procurement authority was given to the New Hampshire Department of Administrative Services (DAS). Alternatively, Conduent claimed that even if the DOT had statutory authority to procure the new system, it lacked authority to use the “best value” method for evaluating competing bids. Finding no reversible error, the New Hampshire Supreme Court affirmed denial of the declaration. View "Conduent State & Local Solutions, Inc. v. New Hampshire Department of Transportation" on Justia Law

This case arose out of the termination of petitioner James Cole by the New Hampshire Department of Information Technology (DOIT). One of Cole’s initial assignments was overhauling an Account Security Form (ASF). This was intended to be a short-term project. Although some aspects of Cole’s work on this project were satisfactory, his incorrect processing of other aspects of the overhaul resulted in audits being conducted on the forms to ensure accuracy. Cole was also initially assigned a “Wireless Access Point” Project (WAP). This project required communication with customers who were requesting installation of a WAP, and coordination with the persons who were to install the WAPs. However, Cole’s communications were inadequate. This resulted in customers not knowing how to use the WAPs after they were installed, or even that the WAPs had been installed. Cole was given three warnings over the course of his employment. The New Hampshire Personnel Appeals Board (PAB) upheld Cole’s termination. On appeal, Cole argued his termination did not comply with New Hampshire Administrative Rules, Per 1002.08 because he did not receive the three letters in accordance with New Hampshire Administrative Rules, Per 1002.04 for the same or substantially similar conduct or offense. DOIT argued the New Hampshire Supreme Court lacked subject matter jurisdiction to decide this case, and, in the alternative, that Cole’s termination complied with Per 1002.08 and Per 1002.04. Finding that it had jurisdiction, the Supreme Court affirmed the PAB’s decision. View "Appeal of James Cole" on Justia Law

Plaintiff San-Ken Homes, Inc. (San-Ken) appealed a superior court decision requiring it to apply for registration or exemption with defendant New Hampshire Attorney General, Consumer Protection and Antitrust Bureau (Bureau), under the Land Sales Full Disclosure Act (Act), and to make certain improvements to Old Beaver Road in the Oakwood Common subdivision in New Ipswich. The Act allows for exemptions from registration under certain circumstances. In October 2006, the Bureau granted a certificate of exemption to the development in which Old Beaver Road was located, 112 Chestnut, “as to the offer and sale of” the 16 lots “because of the limited character of the offering and because the subdivision is adequately regulated by municipal ordinances.” In June 2014, San-Ken, which had no relationship to 112 Chestnut, purchased nine undeveloped lots at a foreclosure sale and recorded title to the property. The New Ipswich Planning Board held a hearing on San-Ken’s application for modification of the Board’s original conditions for Old Beaver Road. As an alternative to the Board revoking the subdivision approval, Town counsel recommended that it entertain a motion to waive the prior road completion requirements and specifications on the condition that San-Ken complete certain improvements to the road at its own expense. San-Ken satisfied all of the Board’s requirements. San-Ken later appealed to the trial court challenging the Bureau's authority under the Act to require it to be registered or exempted and to require it to make improvements to Old Beaver Road. When that challenge was unsuccessful, San-Ken appealed to the New Hampshire Supreme Court, arguing the trial court erred in: (1) applying a mistaken standard of review; (2) finding San-Ken to be a successor subdivider under the Act; and (3) determining that the Bureau was within its authority to require San-Ken to further improve Old Beaver Road as a condition of obtaining a certificate of exemption. The Supreme Court concluded the trial court erred as a matter of law in finding that the Act authorized the Bureau to require San-Ken to complete Old Beaver Road to the standard promised by 112 Chestnut as a condition of obtaining a certificate of exemption. View "San-Ken Homes, Inc. v. New Hampshire Attorney General" on Justia Law

Petitioner State Employees’ Association of New Hampshire, Inc., SEIU, Local 1984 (Union), appealed a New Hampshire Public Employee Labor Relations Board (PELRB) order finding respondent State of New Hampshire did not commit an unfair labor practice by prospectively eliminating salary enhancements for newly hired Sununu Youth Services Center (SYSC) employees under the parties’ collective bargaining agreement (CBA). Based on its review of the PELRB record, the New Hampshire Supreme Court concluded that, as a matter of law, the Union’s withdrawal of a proposal during the mediation phase that led to the adoption of the 2015-2017 CBA established that elimination of the salary enhancements was a bargained-for result of the new CBA. View "Appeal of State Employees' Association of New Hampshire, Inc., SEIU, Local 1984" on Justia Law