Overbreadth

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

NHCaseLaw.com — Sun, 12 Oct 2008 18:06:17 -0500

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)

DLG — Mon, 26 May 2008 22:35:59 -0500

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)

NHCaseLaw.com — Fri, 09 May 2008 15:54:18 -0500

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)

NHCaseLaw.com — Fri, 02 May 2008 15:33:06 -0500

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)

DLG — Mon, 25 Feb 2008 17:54:03 -0600

HILLSBOROUGH, SS. SUPERIOR COURT NORTHERN DISTRICT

N0. 01-S-1141

STATE OF NEW HAMPSHIRE

CINDY GRANT-CHASE

OPINION AND ORDER

LYNN, J.

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

DLG — Mon, 25 Feb 2008 17:39:02 -0600

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.