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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.

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.

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.

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.

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.

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.

GALWAY, J. The plaintiffs, Suzanne Orr and Nelson Bolstridge, appeal an order of the Superior Court (Houran, J.) granting summary judgment to the defendants, David A. Goodwin, Ann Goodwin, Aaron Goodwin and Kylie Goodwin. We affirm.

DALIANIS, J. The respondent, the Lillian V. Donahue Trust (Trust), appeals the order of the Superior Court (Fitzgerald, J.), granting the petition for specific performance filed by the petitioner, Charles H. Smith. We affirm.

HICKS, J. The plaintiff, Foundation for Seacoast Health (Foundation), appeals decisions of the Superior Court (McHugh, J.) granting the defendants’, Hospital Corporation of America (HCA) and its successors and HCA Health Services of New Hampshire, Inc. (HCA-NH), motion for summary judgment and motion to dismiss, and denying the Foundation’s motion for partial summary judgment. We affirm in part, vacate in part and remand.

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.

HICKS, J. The appellant, G.S., appeals from the order of the Merrimack County Probate Court (Hampe, J.) appointing a guardian over his person. We affirm.

HICKS, J. The plaintiffs, Jonathan and Paula McNeal, appeal an order of the Superior Court (McHugh, J.) in their action against the defendants, Pullman Modular Industries, Inc. (Pullman) and Robert M. Lebel d/b/a RML General Contractor (Lebel), arising out of the allegedly improper manufacture and/or construction of a modular home. We affirm in part, reverse in part, and remand.

CONCORD — U.S. Supreme Court Justice David Souter has a reputation as a modest man with a wit shared especially among his friends.

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.

July 3, 2008—New Hampshire Supreme Court Justice James E. Duggan has been appointed to the American Bar Association's Standing Committee on Legal Aid and Indigent Defendants, which for decades has led the ABA's nationwide effort to develop policies and initiatives that increase access to justice for the poor.

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.

DUGGAN, J. The plaintiff, Derry Senior Development, LLC, appeals an order of the Trial Court (Coffey, J.) upholding the denial of its application for site plan approval of an independent adult community development in the Town of Derry (town) by the Town of Derry Planning Board (board). We hold that, because the New Hampshire Department of Environmental Services (DES) approved the plaintiff’s proposed sewage disposal system, the town has enacted no standards more stringent than the DES standards, see N.H. Admin. Rules, Env-Ws 1000-1025 (1999) (amended and readopted as Env-Wq 1000-1025 (2008)), and the record reveals no evidence suggesting that the plaintiff’s proposed system would not adequately protect all water supplies, the board unreasonably and unlawfully denied the plaintiff’s application for site plan approval. Accordingly, we reverse and remand.

DUGGAN, J. The petitioners, the guardians of Phuong Phi Thi Luong, appeal orders of the Hillsborough County Probate Court (Patten, J.) rejecting two estate plans they proposed for Phuong Phi Thi Luong pursuant to RSA 464-A:26-a (2004) and adopting an alternative estate plan drafted by a court-appointed referee. We hold that the probate court was within its discretion to reject the estate plans proposed by the petitioners, but find that the court went beyond its authority in adopting the estate plan drafted by the court-appointed referee. Accordingly, we affirm in part, reverse in part, and remand.

BRODERICK, C.J. The defendant, Lisa Daine, appeals an order of the Littleton District Court (Cyr, J.) awarding the plaintiff, Daniel Daine, approximately $3,377.00 to cover certain household expenses that were incurred between the time of the filing of a petition for divorce and the final decree. We vacate and dismiss.

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.