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DUGGAN, J. The defendant, Michael Dansereau, appeals a ruling by the Trial Court (McGuire, J.) denying his motion to vacate his convictions and sentences. We hold that the defendant was unlawfully sentenced to an extended term of imprisonment under RSA 651:6, II(a) (2006) and three years probation under RSA 651:2, V(a) (2006). Accordingly, we vacate his sentence and remand for resentencing.

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.

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

DALIANIS, J. These consolidated cases are before the court on interlocutory transfer without ruling. See Sup. Ct. R. 9. We accept the facts as presented in the interlocutory transfer. See McDonald v. Town of Effingham Zoning Bd. of Adjustment, 152 N.H. 171, 172 (2005). The defendants, Shannon Gallagher and Timothy A. Hughes, both pled guilty, pursuant to negotiated pleas, to their second offense of driving while under the influence (DWI). See RSA 265-A:2 (Supp. 2007). Driving records which showed that Gallagher had previously been convicted pursuant to RSA 265:82 (2004) (repealed 2007), and Hughes pursuant to RSA 265:82-a (2004) (repealed 2007), were the bases for the trial court’s finding that each was guilty of a second offense. Both filed motions to vacate their sentences, arguing that the sentences were illegal. They argued that RSA 265-A:18, IV (Supp. 2007) (amended 2008) (sentencing statute), as it existed at the time of their sentencing, did not allow prior convictions pursuant to RSA 265:82 or RSA 265:82-a to serve as a basis for enhanced penalties for a subsequent offense.

DALIANIS, J. These consolidated cases are before the court on interlocutory transfer without ruling. See Sup. Ct. R. 9. We accept the facts as presented in the interlocutory transfer. See McDonald v. Town of Effingham Zoning Bd. of Adjustment, 152 N.H. 171, 172 (2005). The defendants, Shannon Gallagher and Timothy A. Hughes, both pled guilty, pursuant to negotiated pleas, to their second offense of driving while under the influence (DWI). See RSA 265-A:2 (Supp. 2007). Driving records which showed that Gallagher had previously been convicted pursuant to RSA 265:82 (2004) (repealed 2007), and Hughes pursuant to RSA 265:82-a (2004) (repealed 2007), were the bases for the trial court’s finding that each was guilty of a second offense. Both filed motions to vacate their sentences, arguing that the sentences were illegal. They argued that RSA 265-A:18, IV (Supp. 2007) (amended 2008) (sentencing statute), as it existed at the time of their sentencing, did not allow prior convictions pursuant to RSA 265:82 or RSA 265:82-a to serve as a basis for enhanced penalties for a subsequent offense.

HICKS, J. The defendant, Judith Matthews, appeals an order of the Superior Court (Nadeau, J.) granting the State’s motion to remand the case to district court to be entered as a conviction for a class B misdemeanor. See RSA 625:9, VIII (2007). She argues that the superior court’s reliance upon a recent amendment to RSA 625:9, VIII violates the constitutional guarantee against retrospective laws in Part I, Article 23 of the New Hampshire Constitution. We affirm.

GALWAY, J. The defendant, Peter Johnson, appeals his conviction in Superior Court (Lewis, J.) for driving while intoxicated, second offense. See RSA 265:82 (2004) (repealed and replaced by RSA 265-A:2 (Supp. 2007)); RSA 265:82-b (2004) (repealed and replaced by RSA 265-A:18 (Supp. 2007)). The defendant argues that the trial court erred in its jury instructions and in its answer to a question from the jury during its deliberations. We affirm.

BRODERICK, C.J. The plaintiff, Philip S. Horner, appeals an order of the Superior Court (Smukler, J.) denying his petition for a writ of prohibition to enjoin the State from enforcing RSA 651-B:11 (2007 & Supp. 2007), which mandates the collection of a sex offender registration fee. We affirm.

Lisa Brown appeals the January 31, 2002 decision of the New Hampshire Commission for Human Rights (the "Commission") finding no probable cause that her employer, Ever Better Eating, Inc. ("EBE") was responsible for sexual harassment that occurred at the workplace. EBE moves for summary judgment. Ms. Brown objects, and also moves for summary judgment. After considering the parties' motions, the Court finds and rules as follows.

This is a civil action for damages for sexual abuse committed against the plaintiff by Brother Beaulieu, a member of the Order of the Sacred Heart, a former teacher at Bishop Guertin High School, and a former staff employee at Camp Fatima. The plaintiff alleges he was sexually abused and molested by Beaulieu between 1972 and 1975 while a camper at Camp Fatima and a student at Bishop Guertin High School. The alleged abuse ended in the fall of 1975 during the plaintiffs junior year at Bishop Guertin when Beaulieu attempted to force the plaintiff to perform fellatio. After the forcible assault, the plaintiff left school and never returned.