De Novo Review

Appeal of Jenks, 2007-817 (N.H. S.Ct., Dec. 10, 2008)

BRODERICK, C.J. The petitioner, Roderick Jenks, appeals a decision of the New Hampshire Compensation Appeals Board (CAB) denying him recovery under the Workers’ Compensation Law. See RSA 281-A:2 (1999 & Supp. 2008). The CAB ruled that Jenks was not an employee of the respondent, New Hampshire International Speedway (NHIS), at the time of his injury, and thus not entitled to benefits under the statute. We affirm.

In re Kirsten P., 2007-877 (N.H. S.Ct., Dec. 5, 2008)

GALWAY, J. The juvenile, Kirsten P., appeals the order of the Claremont Family Division (Yazinski, J.) denying her motion to dismiss the delinquency petition against her. See RSA ch. 169-B (Supp. 2008). We affirm.

State v. Formella, 2007-866 (N.H. S.Ct., Nov. 21, 2008)

GALWAY, J. The defendant, Paul Formella, appeals his conviction following a bench trial in the Lebanon District Court (Cirone, J.) for criminal liability for the conduct of another. See RSA 626:8 (2007). We affirm.

State v. Silva, 2007-536 (N.H. S.Ct., Nov. 20, 2008)

DALIANIS, J. The defendant, Dante Silva, appeals his conviction after a jury trial in Superior Court (Nadeau, J.) on one count of dispensing a controlled drug with death resulting, see RSA 318-B:26, IX (2004), arguing that: (1) there was insufficient evidence to convict him; and (2) his rights under Part I, Article 15 of the State Constitution and the Sixth Amendment of the Federal Constitution to confront witnesses against him were violated when the State failed to produce the laboratory technician who tested the victim’s blood. We affirm.

Bel Air Associates v. Dept. of Health and Human Services, 2008-051 (N.H. S.Ct., Nov. 20, 2008)

BRODERICK, C.J. The petitioner, Bel Air Associates, appeals an order of the Superior Court (Conboy, J.) that the Medicaid provider agreement between it and the respondent, the New Hampshire Department of Health and Human Services (DHHS), does not constitute a contract. We reverse and remand.

Appeal of Parkland Medical Center, et al., 2007-800 (N.H. S.Ct., Nov. 7, 2008)

DUGGAN, J. The petitioners, Parkland Medical Center, Derry Medical Center and Catholic Medical Center, appeal the decision of the New Hampshire Health Services Planning and Review Board (board) that the Elliot Health System (Elliot) is not required to obtain certificate of need (CON) review for the Elliot Medical Center at Londonderry project. See RSA ch. 151-C (2005 & Supp. 2008). We affirm.

Appeal of Vicky Morton, 2008-105, 2008-107 (N.H. S.Ct., Nov. 7, 2008)

DUGGAN, J. The petitioner, Vicky Morton, appeals two decisions of the New Hampshire Personnel Appeals Board (PAB) ruling that: (1) the proper remedy for her layoff did not include reinstatement to her previous position; and (2) that she did not meet the minimum qualifications for the position of Associate Vice President of Academic Affairs. We consolidated the two appeals and affirm.

State v. Chrisicos, 2008-135 (N.H. S.Ct., Nov. 7, 2008)

HICKS, J. The defendant, Michelle Chrisicos, appeals an order of the Superior Court (Groff, J.) sentencing her to twelve months in the House of Corrections, stand committed. The State cross-appeals, challenging the trial court’s conclusion that the home confinement provisions of RSA 262:23 (2004) (amended 2006) violate the Equal Protection Clause of the New Hampshire Constitution. See N.H. CONST. pt. I, arts. 1, 2. We reverse the ruling that RSA 262:23 is unconstitutional and affirm the sentence.

State v. Bernard, 2007-822 (N.H. S.Ct., Nov. 6, 2008)

DALIANIS, J. Pursuant to RSA 606:10 (2001), the State appeals an order of the Hooksett District Court (LaPointe, J.) dismissing a complaint against the defendant, Evelyn Bernard, for failure to obey a command at the scene of an emergency. See RSA 154:9 (2002). We reverse and remand.

Appeal of Town of Rindge, 2008-089 (N.H. S.Ct., Oct. 31, 2008)

BRODERICK, C.J. The petitioner, Town of Rindge, appeals an order of the New Hampshire Department of Environmental Services (DES) granting the respondent, Franklin Pierce University, a tax exemption under RSA 72:12-a (2003) (amended 2006) for its wastewater treatment facility. We affirm.
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