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New Content

State v. Forbes, 2007-573 (N.H. S.Ct., Aug. 6, 2008)

Wed, 08/06/2008 - 21:14 — NHCaseLaw.com
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.

In Re: J.B. and J.G., 2008-023 (N.H. S.Ct., Aug. 6, 2008)

Wed, 08/06/2008 - 21:05 — NHCaseLaw.com
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.

State v. Addison, 07-S-0254 (Hillsborough, North, Jul. 30, 2008)

Mon, 08/04/2008 - 20:13 — NHCaseLaw.com
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.

State v. Brown, 2007-253 (N.H. S.Ct., Jul. 31, 2008)

Sat, 08/02/2008 - 00:24 — NHCaseLaw.com
DUGGAN, J. The defendant, Russell Brown, appeals his conviction in Superior Court (McGuire, J.) for conspiracy to sell controlled drugs, see RSA 318-B:2 (2004), :26 (Supp. 2007), arguing that the trial court erred by ruling that his speedy trial right under the Interstate Agreement on Detainers Act (IAD) had not been violated. See RSA ch. 606-A (2001). Because the defendant was not brought to trial within 180 days after the State received his request for final disposition of his charges, see RSA 606-A:1, art. III(a), we reverse and remand. The defendant was incarcerated in Arizona when he was indicted on the charges at issue here. The State lodged a detainer against him. The defendant, pursuant to the IAD, promptly requested a speedy trial in New Hampshire. The State received the defendant’s request on September 12, 2005. The defendant’s charges were not resolved until October 27, 2006.

In Re: The Liquidation of the Home Insurance Company, 2007-794 (N.H. S.Ct., Jul. 25, 2008)

Fri, 07/25/2008 - 21:30 — NHCaseLaw.com
HICKS, J. The appellant, Century Indemnity Company (CIC), appeals an order of the Superior Court (Conboy, J.) sustaining a referee’s ruling denying CIC’s asserted setoff of reinsurance claims in the liquidation of The Home Insurance Company (Home). The respondent is Roger A. Sevigny, Commissioner of Insurance of the State of New Hampshire, solely as Liquidator of The Home Insurance Company (the liquidator). We reverse and remand.

State v. Gibbs, 2007-649 (N.H. S.Ct., Jul. 25, 2008)

Fri, 07/25/2008 - 21:21 — NHCaseLaw.com
GALWAY, J. The defendant, Nathaniel Gibbs, appeals an order of the Superior Court (Burling, J.) imposing his suspended sentence for violating its condition of good behavior. We affirm.

Sleeper v. The Hoban Family Partnership, et al., 2007-257 (N.H. S.Ct., Jul. 25, 2008)

Fri, 07/25/2008 - 21:15 — NHCaseLaw.com
DALIANIS, J. The petitioner, Harry A. Sleeper, appeals the order of the Superior Court (Smukler, J.) partially granting and partially denying his petition for declaratory judgment. While the trial court ruled that the petitioner had an easement by deed to access Beech Street in Alton for the purpose of using a beach area, it denied his other claims on the ground that they were barred by res judicata. The respondents, The Hoban Family Partnership, John J. Hoban, Patrick J. Hoban and Diane V. Hoban, cross-appeal the trial court’s ruling in the petitioner’s favor on his easement by deed claim. We affirm the trial court’s ruling on the petitioner’s claim to an easement by deed, reverse its res judicata ruling, and remand for further proceedings consistent with this opinion.

State v. Driscoll, 05-S-1833 - 1834 (Hillsborough, South, Sep. 21, 2005)

Wed, 07/16/2008 - 19:40 — NHCaseLaw.com

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

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