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DUGGAN, J. The defendant, John Forbes, was convicted by a jury in Superior Court of one count of aggravated felonious sexual assault. See RSA 632-A:2, II (2007). On appeal, he argues that the Trial Court (Coffey, J.) erred in admitting evidence of his silence as an adoptive admission pursuant to New Hampshire Rule of Evidence 801(d)(2)(B). Because we agree that the trial court unsustainably exercised its discretion by admitting this evidence, we reverse and remand.

BRODERICK, C.J. This is an interlocutory appeal, see Sup. Ct. R. 8, from rulings of the Portsmouth Family Division (DeVries, J.), entered on the recommendation of a Marital Master (Fishman, M.), denying the respondent’s motion to dismiss. We affirm and remand.

Pursuant to the Court's July 23, 2008 order on Newspapers of New England, Inc. motion to unseal, the first sixteen pages of the sealed transcript of the defendant's October 16, 2006 police interview are to be made public. However, certain information, such as social security numbers, addresses, and the names of the defendant's minor children, will be redacted for reasons of privacy and safety.

Topics: Sexual Assault

Case Information

Document Type: 

Indictment

Case name: 

State v. Driscoll

Date: 

Sep 21 2005

Docket Number: 

05-S-1833 - 1834

Justice: 

Brennan, Arthur D.

Jurisdiction: 

Hillsborough, South

GALWAY, J. The petitioners, Ryder Daniels and Gary Morrissette, appeal an order of the Superior Court (Nadeau, J.) upholding the decision of the defendants, Town of Londonderry and the Town of Londonderry Zoning Board of Adjustment (ZBA), allowing the intervenor, Omnipoint Communications, Inc. (Omnipoint), to build a wireless communications tower in an agricultural-residential zone. We affirm.

DUGGAN, J. In these consolidated cases, the petitioners, Christopher Bennett, Alycia Bennett, and Bennett Landscaping, Inc. (collectively Bennett), appeal two rulings by the Trial Court (McHugh, J.) concerning attorney’s fees. We hold that RSA 676:17, II (Supp. 2007) required the trial court to award attorney’s fees to the respondent, Town of Hampstead (town), because the town prevailed in its action for injunctive relief against the petitioners. We further hold that, because the trial court did not find that Bennett’s due process rights were violated, Bennett is not entitled to attorney’s fees for its declaratory judgment action against the town. Accordingly, we affirm.

The plaintiff, Maida E. Demeule, commenced this negligence action against the defendant, Linda M. Morin-Binder, seeking damages for personal injuries allegedly sustained from a motor vehicle accident in May 2004 ("the accident"). The plaintiff now moves in limine to introduce evidence at trail of medical bills written off by the plaintiffs medical care providers. The defendant objects, The plaintiff also moves to take videotaped depositions. The defendant assents in part. On January 8, 2007, the court held, a hearing on these matters. After a review of the parties' arguments and the applicable law, the court finds and rules as follows.

In this civil action, the plaintiff, MBNA America Bank, NA ("MBNA"), sought to enforce an arbitration award against the defendant, Troy T. Cornock ("the defendant"). On March 20, 2007, the Court granted summary judgment in favor of the defendant and found that the arbitration award was unenforceable as a matter of law. However, the defendant has filed multiple counterclaims against MBNA which require resolution. Presently before the Court are the defendant's: (1) Motion to Compel Answers to Interrogatories and for Sanctions; (2) Motion to Compel Production of Documents; and (3) Motion to Add Additional Cross Party Plaintiff. MBNA objects to all the motions. The Court held a hearing on the matter on May 3, 2007. After consideration of the pleadings, argument, and applicable law, the Court finds and rules as follows.

In this civil action, the plaintiff, MBNA America Bank, NA ("MBNA"), seeks to enforce an arbitration award against the defendant, Troy T. Cornock ("the defendant"). Presently before the Court is the defendant's motion for summary judgment. MBNA objects. After consideration of the parties' pleadings, evidence, argument, and applicable law, the Court grants the defendant's motion.

DUGGAN, J. The petitioner, Hogan Family Enterprises, Ltd. (Hogan), appeals orders of the Superior Court (Lewis, J.) denying its motion to return the matter to the trial docket, and granting a motion of the respondent, Town of Rye (town), to enforce a settlement. We affirm.