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DUGGAN, J. The defendant, Michael Dansereau, appeals a ruling by the Trial Court (McGuire, J.) denying his motion to vacate his convictions and sentences. We hold that the defendant was unlawfully sentenced to an extended term of imprisonment under RSA 651:6, II(a) (2006) and three years probation under RSA 651:2, V(a) (2006). Accordingly, we vacate his sentence and remand for resentencing.

DUGGAN, J. The defendant, John Forbes, was convicted by a jury in Superior Court of one count of aggravated felonious sexual assault. See RSA 632-A:2, II (2007). On appeal, he argues that the Trial Court (Coffey, J.) erred in admitting evidence of his silence as an adoptive admission pursuant to New Hampshire Rule of Evidence 801(d)(2)(B). Because we agree that the trial court unsustainably exercised its discretion by admitting this evidence, we reverse and remand.

Topics: Sexual Assault

Case Information

Document Type: 

Indictment

Case name: 

State v. Driscoll

Date: 

Sep 21 2005

Docket Number: 

05-S-1833 - 1834

Justice: 

Brennan, Arthur D.

Jurisdiction: 

Hillsborough, South

Lisa Brown appeals the January 31, 2002 decision of the New Hampshire Commission for Human Rights (the "Commission") finding no probable cause that her employer, Ever Better Eating, Inc. ("EBE") was responsible for sexual harassment that occurred at the workplace. EBE moves for summary judgment. Ms. Brown objects, and also moves for summary judgment. After considering the parties' motions, the Court finds and rules as follows.

Inasmuch as the procedural history of this case is so unusual, it must be reviewed prior to the Court's ruling on the issues presented for determination. On September 2, 1993, the plaintiff brought suit against three defendants, Michael Hazen, Ralph Maxwell, and the Kingdom, Inc., on several legal theories as a result of her being sexually assaulted in June of 1977. She alleged that the assault was perpetrated by Defendant Hazen on property owned by Defendant The Kingdom, Inc., at a time when Defendant Maxwell was its minister.

DUGGAN, J. The defendant, Scott Abram, appeals the sentence imposed by the Trial Court (McGuire, J.) upon remand from our decision in State v. Abram, 153 N.H. 619 (2006). We vacate and remand.

GALWAY, J. The appellant, Diane Bruns, appeals orders of the Superior Court (Fitzgerald and McHugh, JJ.) granting summary judgment in favor of the appellee, State Farm Insurance Company (State Farm). We affirm.

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.

Galway, J. The State of New Hampshire filed a petition for writ of certiorari challenging a decision of the Superior Court (T. Nadeau, J.) not to impose a mandatory life imprisonment sentence under RSA 632-A:10-a, III (Supp. 2004) upon the defendant, Jesse Labrie. We deny the petition.

THAYER, J. The defendant, David Cobb, appeals his conviction for one charge of attempted felonious sexual assault, RSA 632-A:3, III (1996) and RSA 629:1 (1996), fifty-three charges of exhibiting or displaying child pornography, RSA 649-A:3, I(c) (1996 & Supp. 1998), and 267 charges of possessing child pornography, RSA 649-A:3, III(a) (1996), alleging numerous errors by the Trial Court (Nadeau, C.J.).