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GALWAY, J. The juvenile, Kirsten P., appeals the order of the Claremont Family Division (Yazinski, J.) denying her motion to dismiss the delinquency petition against her. See RSA ch. 169-B (Supp. 2008). We affirm.

BOUDIN, Circuit Judge. On February 16, 2005, around eight p.m. Sergeant Duval of the Somersworth, New Hampshire, Police Department responded to a 911 call from the home of Carrie Davis. Davis told Duval that she had been threatened by three men--two black, one white--who had arrived at the apartment looking for her boyfriend, Richard Post. When told that Post was not there, one of the black males, known to Davis as "H," said that she knew what they wanted and exposed a black firearm in his waistband. The white male, whom she knew as "Jose," was holding a tool with a blade which he smacked on his hand. Davis knew the other black male only as "Q."

BRODERICK, C.J. The defendant, Matthew Kincaid, was convicted by a jury in Superior Court (Mangones, J.) on two counts of negligent homicide. See RSA 630:3 (Supp. 2001) (amended 2006). We affirm.

DUGGAN, J. The petitioner, Vicky Morton, appeals two decisions of the New Hampshire Personnel Appeals Board (PAB) ruling that: (1) the proper remedy for her layoff did not include reinstatement to her previous position; and (2) that she did not meet the minimum qualifications for the position of Associate Vice President of Academic Affairs. We consolidated the two appeals and affirm.

HICKS, J. The defendant, Michelle Chrisicos, appeals an order of the Superior Court (Groff, J.) sentencing her to twelve months in the House of Corrections, stand committed. The State cross-appeals, challenging the trial court’s conclusion that the home confinement provisions of RSA 262:23 (2004) (amended 2006) violate the Equal Protection Clause of the New Hampshire Constitution. See N.H. CONST. pt. I, arts. 1, 2. We reverse the ruling that RSA 262:23 is unconstitutional and affirm the sentence.

DALIANIS, J. The defendant, Gladys Durgin, appeals her conviction following a bench trial in Franklin District Court (Gordon, J.) for hindering apprehension or prosecution by harboring or concealing another. See RSA 642:3, I(a) (2007). She argues that the evidence was insufficient to convict her because lying to the police about the whereabouts of her daughter did not constitute harboring or concealing another within the meaning of RSA 642:3, I(a). We reverse.

DUGGAN, J. Greg and Gail Taylor, trustees of Shady Acres Realty Trust, challenge a Superior Court (Fitzgerald, J.) order affirming a decision of the Town of Wakefield Zoning Board of Adjustment (ZBA) granting, with conditions, an equitable waiver for a thirty-five-foot wide waterfront access easement from land owned by intervenors Peter and Amy Harrington over the Taylors’ waterfront lot. Because we conclude that the superior court erred in concluding that the evidence supported the ZBA finding that the intervenors met the requirements of RSA 674:33-a, I(b) (2006), we reverse.

HICKS, J. The defendant, Anthony Balliro, appeals a ruling by the Superior Court (Fitzgerald, J.) denying a jury instruction for the justified use of deadly force to “prevent an attempt by the trespasser to commit arson.” See RSA 627:7 (2007). We affirm.

GALWAY, J. The defendant, Peter Clark, appeals his convictions for possession of child pornography, see RSA 649-A:3 (2007), following a bench trial in Superior Court (O’Neill, J.) We affirm.

On May 19, 2008, a jury returned verdicts against the above-named defendants and awarded damages to Plaintiffs Hallam and Laramie in the amounts of $1.3 million and $650,000, respectively. Before the court is the defendants' motion to apply the statutory cap on liability pursuant to RSA 541-B:14. The court held a hearing on this matter on July 23, 2008. After consideration of the parties' oral and written submissions and the applicable law, the court finds and rules as follows.