De Novo Review

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

NHCaseLaw.com — Sun, 16 Nov 2008 21:47:36 -0600

DUGGAN, J.

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

NHCaseLaw.com — Sun, 16 Nov 2008 21:35:36 -0600

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)

NHCaseLaw.com — Sun, 16 Nov 2008 21:23:51 -0600

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)

NHCaseLaw.com — Sun, 16 Nov 2008 21:10:44 -0600

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)

NHCaseLaw.com — Sat, 15 Nov 2008 22:07:45 -0600

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.

State v. Balliro, 2007-500 (N.H. S.Ct., Oct. 30, 2008)

NHCaseLaw.com — Sat, 15 Nov 2008 21:43:20 -0600

HICKS, J. The defendant, Anthony Balliro, appeals a ruling by the Superior Court (Fitzgerald, J.) denying a jury instruction for the justified use of deadly force to “prevent an attempt by the trespasser to commit arson.” See RSA 627:7 (2007). We affirm.

MacPherson v. Weiner, 2007-808 (N.H. S.Ct., Oct. 30, 2008)

NHCaseLaw.com — Sat, 15 Nov 2008 21:34:01 -0600

DUGGAN, J. The defendant, Jay S. Weiner, appeals an order of the Hampton District Court (Frasier, J.) granting the request by the plaintiff, Rita MacPherson, to extend a final protective order for an additional five years. See RSA 633:3-a, III-c (2007). We affirm.

In re Alexis O., 2008-133 (N.H. S.Ct., Oct. 29, 2008)

NHCaseLaw.com — Fri, 31 Oct 2008 18:02:28 -0500

DALIANIS, J. The natural mother, J.M., appeals the ruling of the Plymouth Family Division (Rappa, J.) that the Interstate Compact on the Placement of Children (ICPC), see RSA ch. 170-A (2002), applied to its decision allowing her to retrieve her daughter, Alexis O., from New Hampshire and return with her to Arizona, after having determined that the New Hampshire Division for Children, Youth and Families (DCYF) failed to prove that the mother had neglected her.

Robinson v. New Hampshire Real Estate Commission, 2008-027 (N.H. S.Ct., Oct. 10, 2008)

NHCaseLaw.com — Sun, 12 Oct 2008 18:13:15 -0500

DALIANIS, J. The petitioner, Dale Robinson, appeals the order of the Superior Court (Mangones, J.) granting the motion to dismiss filed by the respondent, the New Hampshire Real Estate Commission (Commission), and denying his motion for summary judgment. Both motions concerned a single issue: whether the Commission had jurisdiction to hold a hearing on a complaint alleging that the petitioner engaged in misconduct when selling his own property. See RSA 331-A:4, I (2004). The trial court ruled that the Commission had jurisdiction. We reverse.

Correia v. Town of Alton, 2008-290 (N.H. S.Ct., Oct. 8, 2008)

NHCaseLaw.com — Sun, 12 Oct 2008 17:55:42 -0500

DUGGAN, J. The respondent, Town of Alton (Town), appeals an order of the Superior Court (Smukler, J.) ruling that RSA 43:7 (2003) applied to the termination hearing of the petitioner, Alton Police Lieutenant Edward Correia, and required the three sitting selectmen to appoint alternates for the two members who had recused themselves. Because we hold that RSA chapter 43 does not apply to the termination of police officers, we reverse and remand.