Plain Language

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

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

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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. Jensen, 2007-667 (N.H. S.Ct., Nov. 21, 2008)

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DUGGAN, J. The defendant, Graham Jensen, was convicted of theft of services, see RSA 637:8 (2007), following a bench trial in Rochester District Court (Ashley, J.). We affirm.

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

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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.

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

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DUGGAN, J.

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

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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. Pratte, 2007-923 (N.H. S.Ct., Nov. 6, 2008)

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GALWAY, J. The defendant, Dennis Pratte, appeals the denial of his motion for judgment notwithstanding the verdict (JNOV) by the Superior Court (Nadeau, J.), following his conviction for being a felon in possession of a deadly weapon. See RSA 159:3, I (2002). We reverse.

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.

Taylor v. Town of Wakefield, 2008-223 (N.H. S.Ct., Oct. 31, 2008)

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DUGGAN, J. Greg and Gail Taylor, trustees of Shady Acres Realty Trust, challenge a Superior Court (Fitzgerald, J.) order affirming a decision of the Town of Wakefield Zoning Board of Adjustment (ZBA) granting, with conditions, an equitable waiver for a thirty-five-foot wide waterfront access easement from land owned by intervenors Peter and Amy Harrington over the Taylors’ waterfront lot. Because we conclude that the superior court erred in concluding that the evidence supported the ZBA finding that the intervenors met the requirements of RSA 674:33-a, I(b) (2006), we reverse.

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

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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.