Jury Instructions

State v. Duran, 2007-611 (N.H. S.Ct., Dec. 5, 2008)

NHCaseLaw.com — Tue, 09 Dec 2008 00:27:04 -0600

DUGGAN, J. After a jury trial in the Superior Court (Hampsey, J.), the defendant, Diego Duran, was convicted of manslaughter. See RSA 630:2 (2007). He appeals his conviction, arguing that the State presented insufficient evidence to support a jury instruction on accomplice liability. See RSA 626:8, III (2007). He also appeals the trial court’s decision to exclude from the calculation of his pretrial confinement credit time he spent awaiting extradition from Colombia. See RSA 651:3, I (2007); RSA 651-A:23 (2007). We affirm in part, reverse in part and remand.

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.

Hallam and Laramine v. Stone and Connor, 06-C-224, 06-C-225 (Merrimack, Sep. 30, 2008)

NHCaseLaw.com — Mon, 10 Nov 2008 19:40:28 -0600

On May 19, 2008, a jury returned verdicts against the above-named defendants and awarded damages to Plaintiffs Hallam and Laramie in the amounts of $1.3 million and $650,000, respectively. Before the court is the defendants' motion to apply the statutory cap on liability pursuant to RSA 541-B:14. The court held a hearing on this matter on July 23, 2008. After consideration of the parties' oral and written submissions and the applicable law, the court finds and rules as follows.

State v. Johnson, 2005-625 (N.H. S.Ct., Jun. 27, 2008)

NHCaseLaw.com — Fri, 27 Jun 2008 10:04:40 -0500

GALWAY, J. The defendant, Peter Johnson, appeals his conviction in Superior Court (Lewis, J.) for driving while intoxicated, second offense. See RSA 265:82 (2004) (repealed and replaced by RSA 265-A:2 (Supp. 2007)); RSA 265:82-b (2004) (repealed and replaced by RSA 265-A:18 (Supp. 2007)). The defendant argues that the trial court erred in its jury instructions and in its answer to a question from the jury during its deliberations. We affirm.

Clark & Lavey Benefits Solutions, Inc. v. Education Development Center, Inc., 2007-423 (N.H. S.Ct., May. 2, 2008)

NHCaseLaw.com — Fri, 02 May 2008 15:27:27 -0500

GALWAY, J. The defendant, Education Development Center, Inc. (EDC), appeals, and the plaintiff, Clark & Lavey Benefits Solutions, Inc. (C&L), crossappeals, from rulings of the Trial Court (Groff, J.). We affirm.

State v. Evans, 2002-287 (N.H. S.Ct., Dec. 30, 2003)

DLG — Thu, 10 Apr 2008 22:22:58 -0500

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