Motion to Vacate

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

NHCaseLaw.com — Sun, 26 Oct 2008 12:49:46 -0500

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.

State v. Dansereau, 2007-552 (N.H. S.Ct., Aug. 15, 2008)

NHCaseLaw.com — Fri, 15 Aug 2008 17:04:15 -0500

DUGGAN, J. The defendant, Michael Dansereau, appeals a ruling by the Trial Court (McGuire, J.) denying his motion to vacate his convictions and sentences. We hold that the defendant was unlawfully sentenced to an extended term of imprisonment under RSA 651:6, II(a) (2006) and three years probation under RSA 651:2, V(a) (2006). Accordingly, we vacate his sentence and remand for resentencing.

State v. Gallagher, 2007-553 (N.H. S.Ct., Jun. 27, 2008)

NHCaseLaw.com — Fri, 27 Jun 2008 10:29:28 -0500

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).

State v. Hughes, 2007-553 (N.H. S.Ct., Jun. 27, 2008)

NHCaseLaw.com — Fri, 27 Jun 2008 10:28:49 -0500

Town of Amherst v. Gilroy, 2006-694 (N.H. S.Ct., May. 20, 2008)

NHCaseLaw.com — Wed, 21 May 2008 14:03:15 -0500

DUGGAN, J. The defendant, Rosemary A. Gilroy, appeals the order of the Milford District Court (Moore, J.) that extended the deadline by which she had to either remove a non-conforming shed from her property or bring it into compliance before being fined $42,350 pursuant to RSA 676:17, I (Supp. 2007). We affirm in part, vacate in part and remand.

State v. Gonsalves, 95-S-038 (Merrimack, Dec. 27, 2001)

DLG — Mon, 25 Feb 2008 18:26:48 -0600

THE STATE OF NEW HAMPSHIRE

MERRIMACK, SS SUPERIOR COURT
State of New Hampshire

David Gonsalves
No. 95-S-038

ORDER