Overbreadth

State v. Gubitosi, 2006-283 (N.H. S.Ct., Oct. 10, 2008)

GALWAY, J. The defendant, Steve Gubitosi, was convicted of three counts of harassment, see RSA 644:4 (2007), and one count of stalking, see RSA 633:3-a (2007), following a jury trial in Superior Court (McGuire, J.). On appeal, he contends that the superior court did not have jurisdiction over the matter because the prosecutor was not properly appointed. In addition, he argues that his conviction pursuant to RSA 644:4, I(b) must be reversed because the statute is unconstitutionally overbroad. We affirm.

Arnoldy, et al. v. City of Manchester, et al., 04-C-0516 (Hillsborough, North, Feb. 1, 2005)

The plaintiffs, Chris Arnoldy ("Arnoldy") and Rebecca Drummond ("Drummond"), have brought a civil action against the City of Manchester ("the City"), the Manchester Police Department ("the Police Department"), and Manchester Police Officer Stephen Coco ("Coco"). This action arises out of Officer Coco's alleged shooting of the plaintiffs' dog, "Toby," in a local park. The City and the Police Department move to dismiss all counts of the action. In addition, Coco has filed a motion to dismiss two of the counts.

State v. Daaboul, 07-S-1674 (Hillsborough, South, May. 8, 2008)

LYNN, C.J. The defendant, George Daaboul, is charged with one count of using a computer on-line service to solicit a person he believed to be a child under age 16 to engage in sexual activity, in violation of RSA 649-B:4 (2007). The defendant has filed two motions to dismiss the indictment. The State objects. For the reasons set forth below, the motions are DENIED.

State v. Theriault, 2007-356 (N.H. S.Ct., May. 2, 2008)

HICKS, J. The defendant, Robert Theriault, appeals a decision of the Superior Court (Conboy, J.) denying his motion to dismiss the charges against him. We affirm.

State v. Grant-Chase, 01-S-1141 (Hillsborough, North, Feb. 8, 2002)

The grand jury returned an indictment against the defendant alleging that on or between May 7 and May 17, 2001, she: did purposely commit the crime of criminal solicitation of the crime of criminal solicitation to murder in that, acting with the purpose that another commit the crime of Criminal Solicitation to Murder, Cindy Grant- Chase did solicit and/or request another person to engage in conduct constituting the crime of Solicitation to Murder, in that Cindy Grant-Chase solicited and/or requested Carol Carriola to contact, on behalf of Cindy Grant-Chase, hired killer(s) to arrange for the murder of Cheryl Ciccone by said hired killer(s) in exchange for a fee promised by Cindy Grant-Chase.

Difeo d/b/a/ Dredz International Imports v. Town of Plaistow, 00-E-0218 (Rockingham, Mar. 7, 2002)

Petitioner seeks a declaratory judgment that respondent's zoning ordinance prohibiting body piercing in the Town of Plaistow is unconstitutional, that the Town may regulate but not prohibit body piercing, and that petitioner is authorized to practice body piercing in his Plaistow store. Respondent objects and claims that its zoning ordinance is valid and constitutional, and that petitioner may not practice body piercing in the Town of Plaistow. The court held a trial on the merits on August 2, 2001, which continued on January 17, 2002.
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