Equal Protection

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.

Akins v. Secretary, 04-E-360 (Merrimack, Oct. 13, 2005)

Before the Court is a Petition for Declaratory Judgment which challenges as unconstitutional the provisions of RSA 656:5 which mandate that "the names of the candidates of the party which received the largest number of votes at the last preceding state general election shall be listed first" and that within each party the candidates be listed alphabetically. The petitioners allege that RSA 656:5 violates Part I, Article 11 of the New Hampshire Constitution, which guarantees that all citizens having proper qualifications shall have an equal right to be elected into office; and Part I, Articles 1,2,10,12 and 14, which guarantee equal protection under the law. The petitioners request that the Court define an "impartial" method for creating ballots in place of RSA 656:5 and declare any provision contrary to that "impartial" method unconstitutional.

Alonzi v. Northeast Generation Services Co. et al., 2007-039 (N.H. S.Ct., Jan. 15, 2008)

BRODERICK, C.J. This case comes before us on interlocutory appeal from a ruling by the Superior Court (Mohl, J.), see Sup. Ct. R. 8, declining to dismiss negligence and wrongful death actions filed by the plaintiff, Michelle Alonzi, as administratrix of the estate of Glenn Hopkins, against defendant Northeast Generation Services Company (NGS). Because we overrule Park v. Rockwell International Corp., 121 N.H. 894 (1981), the touchstone case relied upon by the trial court, and uphold the constitutionality of the challenged death benefit provision of the Workers’ Compensation Law, see RSA 281-A:26, IV (1999), we reverse and remand.

State v. Daaboul, 07-S-1674 (Hillsborough, South, May. 8, 2008)

LYNN, C.J. The defendant, George Daaboul, is charged with one count of using a computer on-line service to solicit a person he believed to be a child under age 16 to engage in sexual activity, in violation of RSA 649-B:4 (2007). The defendant has filed two motions to dismiss the indictment. The State objects. For the reasons set forth below, the motions are DENIED.

MacKenzie v. Linehan, et al., 04-E-0540 (Hillsborough, North, Mar. 27, 2008)

The plaintiff, Jay A. MacKenzie, brought the instant action alleging wrongful discharge, breach of covenant, equal protection and false imprisonment. On the morning of jury selection, the plaintiff withdrew his equal protection claim. During the trial he informed the Court that the action was also a petition for a writ of certiorari to appeal the defendant's decision to fire. The Court subsequently determined that the plaintiff's breach of covenant claim was legally merged into his wrongful discharge claim. At the close of evidence, the defendants moved for a directed verdict on all counts. The Court granted this motion as to the plaintiff's request for certiorari and held the remaining issues in abeyance. The plaintiff's wrongful discharge and false imprisonment claims were submitted to the jury. The jury returned a verdict in the plaintiff's favor and awarded him $500,000 in damages. Following trial, the defendants submitted a Renewed Motion for Directed Verdict and Motion for Judgment Notwithstanding the Verdict and Alternatively Motion to Set Aside the Jury Verdict (False Imprisonment).

Community Resources for Justice, Inc. v. City of Manchester, 2007-646 (N.H. S.Ct., Apr. 18, 2008)

BRODERICK, C.J. The defendant, the City of Manchester (City), appeals an order of the Superior Court (Barry, J.) ruling that the City’s zoning ordinance prohibiting correctional facilities in all of its zoning districts is unconstitutional as applied to the plaintiff, Community Resources for Justice, Inc. (CRJ). We affirm.

Verizon New England, Inc. v. City of Rochester, 2007-091 (N.H. S.Ct., Dec. 28, 2007)

DUGGAN, J. The defendant, City of Rochester (city), appeals a decision of the Superior Court (Morrill, J.) ruling that the city’s taxation of the plaintiff, Verizon New England, Inc. (Verizon), for its use and occupation of public property violated Verizon’s equal protection rights. We affirm.

North Country Environmental Services, Inc. v. Town of Bethlehem, et al., 2007-419 (N.H. S.Ct., Mar. 14, 2008)

GALWAY, J. The plaintiff, North Country Environmental Services (NCES), appeals an order of the Superior Court (Lynn, C.J.) ruling in favor of the defendant, State of New Hampshire (State), on the parties’ cross-motions for summary judgment. We affirm.

Pennichuck Corp., et al. v. City of Nashua, 04-E-0062 (Hillsborough, South, Aug. 31, 2004)

The defendant City of Nashua (City) has begun proceedings before the New Hampshire Public Utilities Commission (PUC) seeking to acquire by eminent domain certain plants and property owned by the plaintiffs, Pennichuck Corporation and its wholly owned subsidiaries (Pennichuck), in order to establish a publicly owned or controlled water utility, as authorized by RSA chapter 38 (1997). Pennichuck instituted this declaratory judgment action in an effort to terminate or limit the City’s attempt to condemn its property. The matter comes before the court at this time on the parties’ cross motions for summary judgment. With the exception of one claim which is not yet ripe for adjudication and another as to which dismissal without prejudice is appropriate, I conclude that the City’s motion for summary judgment must be granted and Pennichuck’s cross motion must be denied.

State v. Guillermo and Otero, 04-S-2353, 05-S-0166 (Hillsborough, North, Mar. 1, 2006)

The defendants, Alex Guillermo (No. 05-S-2353) and Daniel Otero (No. 05-S-0166), each stand indicted of one felony count of operating a motor vehicle after having been declared an habitual offender. See RSA 262:23 (2004). The defendants each filed a notice of intent to plead guilty, but have each also requested that the Court declare its authority as to whether it may order home confinement as a part of the sentence. The State here objects to any sentence involving home confinement because Hillsborough County and the Hillsborough County Department of Corrections (“HOC”) have not established a home confinement program under RSA 262:23 and RSA 651:19 (Supp. 2005).
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