Superior Court

Hilario v. Reardon, 2007-390 (N.H. S.Ct., Nov. 7, 2008)

GALWAY, J. The plaintiff, Jose Hilario, appeals an order of the Superior Court (Lynn, C.J.) dismissing his legal malpractice action against the defendant, Attorney Neil J. Reardon. We reverse and remand.

State v. Chrisicos, 2008-135 (N.H. S.Ct., Nov. 7, 2008)

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.

State v. Pratte, 2007-923 (N.H. S.Ct., Nov. 6, 2008)

GALWAY, J. The defendant, Dennis Pratte, appeals the denial of his motion for judgment notwithstanding the verdict (JNOV) by the Superior Court (Nadeau, J.), following his conviction for being a felon in possession of a deadly weapon. See RSA 159:3, I (2002). We reverse.

Taylor v. Town of Wakefield, 2008-223 (N.H. S.Ct., Oct. 31, 2008)

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.

State v. Balliro, 2007-500 (N.H. S.Ct., Oct. 30, 2008)

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.

State v. Clark, 2008-019 (N.H. S.Ct., Oct. 30, 2008)

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.

Town of Canaan, et al. v. Secretary of State, 2008-391 (N.H. S.Ct., Oct. 29, 2008)

HICKS, J. The petitioners, who are various towns, legislators, candidates, voters and public officials, appeal an order of the Superior Court (Conboy, J.) denying their request to declare that the New Hampshire House of Representatives’ current apportionment of districts is unconstitutional and to enjoin the 2008 primary and general elections. We affirm.

State v. McGurk, 2007-533 (N.H. S.Ct., Oct. 16, 2008)

HICKS, J. The defendant, Sean McGurk, appeals an order of the Superior Court (Burling, J.) denying his: (1) motion to vacate his conviction based upon ineffective assistance of counsel; (2) motion challenging his conviction as violating double jeopardy; and (3) motion for new trial and to withdraw guilty plea based upon the discovery of new evidence. We affirm.

Londonderry School District SAU #12, et al. v. State, 2006-258 (N.H. S.Ct., Oct. 15, 2008)

HICKS, J. The petitioners brought this action in 2005 seeking a declaratory judgment that House Bill (HB) 616, the statute previously governing education funding and allocation, was unconstitutional. At the conclusion of the proceedings below, the Superior Court (Groff, J.) declared the legislation unconstitutional on its face because HB 616 “failed to fulfill [the State’s] duty to define a constitutionally adequate education, failed to determine the cost of an adequate education, . . . failed to satisfy the requirement of accountability, and . . . create[d] a non-uniform tax rate in violation of Part II, Article 5 of the New Hampshire Constitution.” Londonderry Sch. Dist. v. State, 154 N.H. 153, 155 (2006).

State v. Legere, 2007-396 (N.H. S.Ct., Oct. 15, 2008)

GALWAY, J. The defendant, Christopher Legere, was convicted following a jury trial in Superior Court (McGuire, J.) of the second degree murder of John Denoncourt. See RSA 630:1-b, I(a), I(b) (2007). He appeals, arguing that the trial court erred in admitting the testimony of various witnesses. We affirm.
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