Justia New Hampshire Supreme Court Opinion Summaries

The State appealed a superior court order granting defendant Foad Afshar a new trial following his convictions on one count of simple assault, two counts of unlawful mental health practice, and one count of aggravated felonious sexual assault. On appeal, the State argued the trial court unsustainably exercised its discretion when, during a post-verdict hearing on the defendant’s motion for a new trial, it failed to apply the proper legal analysis in evaluating the potential biases of two jurors. Finding no such error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Afshar" on Justia Law

Petitioner Steven Hoyt appealed a circuit court order reinstating his alimony obligation to respondent Lesley Hoyt, and granting an upward adjustment to his child support payments. The parties had three children. Two were over age 18. The oldest child withdrew from college and moved back in with the respondent due to a medical condition. The middle child attends college but lives with the respondent while school is not in session. The parties’ youngest child was in high school, and primarily resided with respondent. Petitioner filed a request seeking a reduction to his child support obligation because the middle child had recently turned 18. However, in June 2016, prior to receiving approval from the trial court, petitioner reduced the amount of his monthly child support payment. Thereafter, respondent requested alimony. Prior to the final hearing, respondent filed a one-page proposed order seeking to increase child support for the youngest child to $1,100 per month and requesting alimony in the amount of $600 per month. Petitioner requested that the current child support payment be reduced to $982 per month. Accompanying petitioner’s proposed order was a detailed request for factual findings along with legal citation in support of his position. The trial court ultimately renewed alimony and upwardly adjusted the child support obligation. Based on the record, the New Hampshire found no abuse of discretion in its judgment, and affirmed. View "In the Matter of Steven Hoyt and Lesley Hoyt" on Justia Law

Petitioners Northern New England Telephone Operations, LLC and FairPoint Logistics, Inc. (collectively, “FairPoint”), appealed the final decision of the New Hampshire Department of Employment Security (NHES), claiming that it erred in rulings that: (1) upheld the decision of the commissioner of NHES to reopen the ruling of the appeal tribunal which found (a) certain unionized employees of FairPoint (claimants) were not entitled to collect unemployment benefits during the period they were on strike against the company because the strike resulted in a “stoppage of work” and (b) strike pay received by some of the workers constituted income deductible from their benefits; (2) affirmed a subsequent order of a second appeal tribunal which found that benefits were payable because the strike did not result in a stoppage of work; and (3) reversed the second tribunal’s determination that strike pay was deductible from benefits. After review, the New Hampshire Supreme Court reversed the appellate board’s decision, reinstated in part the order of the first appeal tribunal, and found it unnecessary to address the issue of strike pay. The Court found the commissioner erred in his determination that the first tribunal’s decision resulted from a mistake of law. Contrary to the commissioner’s view that the tribunal based its decision merely on what he described (but did not define) as a “negative impact” analysis, the Court concluded the tribunal had sufficient evidence before it from which it could find that the strike resulted in a substantial curtailment of FairPoint’s operations and thus constituted a stoppage of work under RSA 282-A:36. For the same reason, the Court also concluded the appellate board erred as a matter of law insofar as it ultimately upheld the commissioner’s decision to reopen and did not affirm the decision of the first tribunal with respect to the stoppage of work issue. Because the stoppage of work disqualified claimants from receiving unemployment benefits during the period when they were on strike, it was unnecessary to address the issue of whether the strike pay received by some of the claimants constituted deductible wages. View "Appeal of FairPoint Logistics, Inc." on Justia Law

Plaintiff, the Grand Summit Hotel Condominium Unit Owners’ Association (Association), filed claims against defendant, L.B.O. Holding, Inc. d/b/a Attitash Mountain Resort (Attitash), arising from Attitash’s alleged failure to maintain a cooling tower at the Grand Summit Hotel and Conference Center (Condominium). Attitash moved to dismiss the Association’s claims, arguing that they were barred by a provision, which required arbitration of certain disputes, in a management agreement (the Agreement) between the parties. The trial court denied Attitash’s motion to dismiss, ruling that the Association’s claims fall outside of the scope of the provision. The trial court subsequently approved this interlocutory appeal. Finding no reversible error in the trial court's judgment, the New Hampshire Supreme Court affirmed. View "Grand Summit Hotel Condominium Unit Owners' Association v. L.B.O. Holding, Inc.. d/b/a Attitash Mountain Resort" on Justia Law

In 1985, petitioner Edward White was convicted in Massachusetts on two counts of indecent assault and battery arising from allegations that he sexually assaulted an eight-year-old female. He served three years in prison and then was paroled. At the evidentiary hearing, he represented that, during his parole, he successfully completed a sex offender treatment program. In January 1994, as a New Hampshire resident, the petitioner became subject to lifetime registration as a sex offender for his Massachusetts convictions. Following an evidentiary hearing on the merits, petitioner appealed a superior court order denying his petition to be relieved of the obligation to register as a sex offender in New Hampshire. Finding that the superior court properly applied the pertinent New Hampshire statute mandating petitioner's registration, the New Hampshire Supreme Court affirmed the order. View "White v. New Hampshire" on Justia Law

Defendant John Brawley was charged with two criminal offenses in Circuit Court that were transferred to Superior Court for a jury trial. Because defendant was indigent, the trial court appointed a public defender to represent him. At that time, the trial court issued an order requiring defendant to reimburse the OCC for the costs and expenses associated with his public defense and directed him to contact the OCC, within 5 days of the court’s order, to verify his mailing address and to make payment arrangements. The jury acquitted the defendant of both charges following trial. The State alleged that the OCC attempted to contact defendant prior to and following his trial to arrange for his reimbursement of these costs, but to no avail. Consequently, the OCC filed a motion with the trial court alleging that defendant did not comply with his payment obligations or provide any cause for his non-compliance. The trial court scheduled a show cause hearing, but defendant failed to appear. In response, the trial court issued an arrest warrant for defendant and set bail at $50. Defendant was subsequently arrested pursuant to the warrant and paid the $50 bail as a condition of his release. When he posted his bond payment, defendant attested to having the same address he initially provided to the OCC and to the trial court. The bail payment was remitted to the OCC, thereby reducing the defendant’s reimbursement obligation. Thereafter, the OCC requested a further hearing on its show cause motion alleging that defendant made no other payments toward his obligation. The trial court scheduled a second show cause hearing and defendant again failed to appear. In response, the OCC requested that the trial court issue a warrant for defendant’s arrest and set bail in the full amount of his reimbursement obligation, which would then be forfeited to the OCC. Alternatively, the OCC requested that defendant be jailed for three days before being permitted a bail hearing. This request was denied, the trial court finding defendant was "unconditionally discharged" from the criminal case, and that it lacked jurisdiction to require defendant to show cause or be required to reimburse the OCC for the costs of his defense. Finding that the trial court erred in denying the second bench warrant, the New Hampshire Supreme Court reversed and remanded for further proceedings. View "New Hampshire. v. Brawley" on Justia Law

Plaintiff Anthony Franciosa, as father and next friend of Vaneesa Franciosa, appealed a superior court order granting summary judgment filed by the defendants, Jessica Elliott and Hidden Pond Farm, Inc. a/k/a Hidden Pond Farm, and denying plaintiff’s cross-motion for partial summary judgment. The trial court ruled that, pursuant to RSA 508:19 (2010), defendants were entitled to immunity from liability for the injuries Vaneesa sustained in a horseback riding accident. Vaneesa was thirteen at the time of the accident; she had been riding horses for eight years and taking weekly riding lessons from Elliott, an expert equestrian, for almost two years. Approximately once a week, Vaneesa went on a "free ride," one that did not involve a lesson. On free rides, Elliott was not always present, and she rode unsupervised. After riding for approximately 30 minutes, Vaneesa fell off her horse trying to dismount. She was seriously injured when the horse stepped on Vaneesa. In its order, the trial court concluded that Vaneesa’s injuries resulted from the “inherent risks of equine activities.” The New Hampshire Supreme Court agreed and affirmed the superior court order. View "Franciosa v. Hidden Pond Farm, Inc." on Justia Law

Plaintiff Grand Summit Hotel Condominium Unit Owners’ Association (Association), filed claims against defendant L.B.O. Holding, Inc. d/b/a Attitash Mountain Resort (Attitash), arising from Attitash’s alleged failure to maintain a cooling tower at the Grand Summit Hotel and Conference Center (Condominium) in Bartlett. Attitash moved to dismiss the Association’s claims, arguing that they were barred by a provision, which required arbitration of certain disputes, in a management agreement between the parties. The trial court denied Attitash’s motion to dismiss, ruling that the Association’s claims fell outside of the scope of the provision. Finding no reversible error, the New Hampshire Supreme Court affirmed the trial court. View "Grand Summit Hotel Condominium Unit Owners' Association v. L.B.O. Holding, Inc.. d/b/a Attitash Mountain Resort" on Justia Law

Following an evidentiary hearing on the merits, petitioner Edward White appealed a trial court order denying his petition to be relieved of the obligation to register as a sex offender in New Hampshire. In January 1994, as a New Hampshire resident, petitioner became subject to lifetime registration as a sex offender for his Massachusetts convictions. Because of constitutional limitations, a Tier III offender, like petitioner, whose convictions pre-dated the establishment of the sex offender registry, may be subject to the registration requirement “only if he is promptly given an opportunity for either a court hearing, or an administrative hearing subject to judicial review, at which he is permitted to demonstrate that he no longer poses a risk sufficient to justify continued registration.” An assessment of petitioner was conducted, with findings that petitioner was then "a minimal risk to reoffend and therefore does not meet criteria for continued listing on the Sex Offender Registry." Following the evidentiary hearing, the trial court concluded that the petitioner failed to meet his burden of proof he was no longer a danger to the public and no longer posed a risk sufficient to justify continued registration. The New Hampshire Supreme Court determined the record submitted on appeal established an objective basis sufficient to sustain the trial court's denial of petitioner's petition, and therefore upheld its decision. View "White v. New Hampshire" on Justia Law

The State of New Hampshire appealed a superior court order denying a motion for a bench warrant filed by the New Hampshire Division of Administrative Services, Office of Cost Containment (OCC) to secure the appearance of defendant John Brawley, at a show cause hearing. Defendant was charged with two criminal offenses that were transferred to the Superior Court for a jury trial. Because defendant was indigent, the trial court appointed a public defender to represent him. At that time, the trial court issued an order defendant to reimburse the OCC for the costs and expenses associated with his public defense and directed him to contact the OCC, within 5 days of the court’s order, to verify his mailing address and to make payment arrangements. The trial court set bail at $50; defendant paid that and confirmed his address. OCC thereafter requested another hearing, alleging defendant made no other payments toward his obligation. Hearing was set, and defendant again failed to appear. The trial court denied OCC's motion for a second bench warrant, finding he was "unconditionally discharged" from the criminal case, and that it lacked jurisdiction to enforce its repayment order or require the defendant to show cause why he cannot, or should not, be required to reimburse the OCC for the costs associated with his public defense. The New Hampshire determined the trial court misinterpreted RSA 604-A:9, I-c, contradicting the plain meaning of the statute. "[A]n OCC obligation constitutes an 'assessment' under RSA RSA 604-A:2-f. We have ruled that RSA 604-A:9 applies to acquitted defendants who have received the benefit of appointed counsel at the State’s expense. It logically follows that the procedural protections set forth in RSA 604-A:2-f similarly apply to indigent defendants confronting a final hearing for nonpayment of the costs associated with the services of court-appointed counsel - regardless of the outcome of the underlying criminal matter." The trial court's rulings were reversed and the matter remanded for further proceedings. View "New Hampshire. v. Brawley" on Justia Law