Sexual Assault

State v. Dansereau, 2007-552 (N.H. S.Ct., Aug. 15, 2008)

NHCaseLaw.com — Fri, 15 Aug 2008 17:04:15 -0500

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.

State v. Forbes, 2007-573 (N.H. S.Ct., Aug. 6, 2008)

NHCaseLaw.com — Wed, 06 Aug 2008 21:14:12 -0500

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.

State v. Driscoll, 05-S-1833 - 1834 (Hillsborough, South, Sep. 21, 2005)

NHCaseLaw.com — Wed, 16 Jul 2008 19:40:34 -0500

Brown v. Ever Better Eating, Inc., 02-E-037 (Merrimack, Nov. 7, 2002)

DLG — Fri, 06 Jun 2008 00:02:40 -0500

THE STATE OF NEW HAMPSHIRE
MERRIMACK, SS SUPERIOR COURT
Lisa Brown
v.
Ever Better Eating, Inc.
No. 02-E-037
ORDER

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.

Conrad v. Hazen, et al., 93-C-01210 (Rockingham, Jun. 25, 1996)

DLG — Wed, 28 May 2008 12:37:17 -0500

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.

State v. Abram, 2007-036 (N.H. S.Ct., Jan. 15, 2008)

NHCaseLaw.com — Fri, 16 May 2008 00:50:28 -0500

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.

State Farm Insurance Co. v. Bruns, 2007-079 (N.H. S.Ct., Feb. 13, 2008)

NHCaseLaw.com — Fri, 16 May 2008 00:28:58 -0500

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.

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

NHCaseLaw.com — Fri, 09 May 2008 15:54:18 -0500

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.

Petition of the State of New Hampshire (State v. Labrie), 2004-320 (N.H. S.Ct., May. 9, 2005)

NHCaseLaw.com — Sun, 13 Apr 2008 16:18:37 -0500

THE SUPREME COURT OF NEW HAMPSHIRE

___________________________

Rockingham

No. 2004-320

PETITION OF THE STATE OF NEW HAMPSHIRE

Argued: April 5, 2005

Opinion Issued: May 9, 2005

Kelly A. Ayotte, attorney general (Stephen D. Fuller, senior assistant attorney general, on the brief and orally), for the State.

Christopher M. Johnson, chief appellate defender, of Concord, on the brief, and David M. Rothstein, deputy chief appellate defender, on the brief and orally, for the defendant.

State v. Cobb, 96-446 (N.H. S.Ct., Jun. 24, 1999)

DLG — Thu, 10 Apr 2008 22:16:28 -0500

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.).