NH Supreme Court

Courtesy of the N.H. Supreme Court

Linda Dalianis, the head of New Hampshire’s highest court, is stepping down after nearly eight years on the job.

Many in the state’s legal community say she’ll leave a lot to be remembered by after almost four decades as a judge.

Lauren Chooljian / NHPR

 

George and Maxine Maynard have what you might call a complicated relationship with New Hampshire's state motto.

And when the U.S. Supreme Court takes up a controversial free speech case next month, the Maynards' decades-old legal battle over the state’s ubiquitous “Live Free or Die” will be back in the spotlight.

The defendant in a high-profile defamation lawsuit in Grafton County is seeking a second opinion from the New Hampshire Supreme Court on whether the suit should go forward. It's the latest development in a case that questions how far free speech protections extend in the digital age.

Flickr Creative Commons / Brave Sir Robin

A Hanover planning board decision to deny a new athletic facility for Dartmouth College may be headed to the state’s highest court.

The board voted last year to deny a permit for the controversial nearly $18 million, 70,000-square-foot building. Dartmouth says it needs the space for athletes to practice in the winter. But local residents oppose it citing the building’s size and appearance and concerns about noise and light. 

Dartmouth argues those standards are subjective, but a Grafton superior court judge upheld the planning board’s decision last month.

NHPR Staff

Republican Gov. Chris Sununu's first appointee to the New Hampshire Supreme Court is going to be sworn in this week.

The ceremony for Associate Justice Barbara "Bobbie" Hantz Marconi is scheduled for Tuesday morning.

She is replacing retiring Associate Justice Carol Ann Conboy.

Sheehan, Phinney, Bass & Green

Governor Chris Sununu’s pick to join New Hampshire’s Supreme Court, Bobbie Hantz, was questioned by the Executive Council Monday.  

Sheehan, Phinney, Bass & Green

Gov. Chris Sununu will nominate attorney Anna Barbara Hantz of Stratham to the state Supreme Court Wednesday.

File photo

The New Hampshire Supreme Court has settled a dispute between towns and electric companies in the state over how to appraise the value of land used by utilities.

Last Friday, the state’s highest court ruled in favor of 60 towns across New Hampshire that argued they should be the ones to appraise the land used by utilities in their towns.

Power companies Eversource and New Hampshire Electric Coop argued that a different appraisal of the property, done by the state, is more accurate.

That state appraisal would result in a lower tax burden for the companies.

Allegra Boverman for NHPR

New Hampshire’s governor doesn’t have a whole lot of executive power, at least compared to peers in other states. But one of the few ways a governor can exert his or her influence is through nominations to fill open seats across state agencies.

AP/FILE

 

The N.H. Supreme Court has denied Seth Mazzaglia's appeal for a new trial for the 2012 rape and murder of UNH student Lizzi Marriott.

The court unanimously upheld the lower court's decision to exclude evidence about the victim’s sexual past from trial, which was protected under the state’s Rape Shield Law.

Todd Bookman/NHPR

The adoptive parents of two children who were sexually abused are suing the Division of Children, Youth, and Families, arguing the state agency didn’t do enough to protect the victims even after social workers became involved.

The lawsuit also names Easter Seals New Hampshire, a non-profit contracted to provide supervision during parental visits.

Ben McLeod / Flickr Creative Commons

The state supreme court has cleared the way for hundreds of low-income families to receive more financial assistance from the state.

flickr/barjack

A ruling by the New Hampshire Supreme Court could make it easier for out-of-state gun owners to obtain concealed-carry licenses.

The court on Thursday sided with a New Jersey man who argued that the New Hampshire Department of Safety overstepped its authority in 2013 when it enacted new rules for nonresidents applying for concealed-carry permits. Under those rules, applicants must supply proof that they have such licenses in their home states.

Emily Corwin / NHPR

A proposed rule change to the state’s circuit court system aims to end so-called debtors’ prison in New Hampshire.

The change comes six months after a report from the New Hampshire ACLU found judges across the state routinely engaged in an illegal practice – sending defendants to jail who couldn’t afford to pay fines, often without an attorney present.

NHPR Staff

The state Supreme Court heard oral arguments Tuesday on whether a lawsuit over the state’s handling of child abuse and neglect cases should be open to the public.

The details of these types of lawsuits are almost always sealed by court order.

But attorneys for an adoptive family of two young victims of sexual abuse told the court that the case should be heard in open court.

All Things Considered host Peter Biello spoke with NHPR digital reporter Brian Wallstin, who has reported on this case and attended the hearing at the Supreme Court.

 A hearing before the state Supreme Court on Tuesday will center on a sensitive question: Should lawsuits involving child abuse and neglect be open to the public?

 

The issue stems from a series of high-profile cases in New Hampshire in which two children died and two others were sexually abused. Almost without exception, the details of these types of lawsuits are sealed by court order, making them among the most secretive legal proceedings in the state.

 

NHPR Staff

  CONCORD, N.H.  - The New Hampshire Supreme Court says a couple who sought visitation rights with their grandchildren after their son-in-law died should get the chance to argue their case.

Pamela and Robert Lundquist filed a petition seeking visitation rights with their three grandsons in 2014, four years after their son-in-law died. Their daughter argued they had no standing to make the request, and a lower court agreed. 

Ben McLeod / Flickr Creative Commons

  Should those irreconcilable differences suddenly become reconcilable, don't go looking to get un-divorced in New Hampshire. 

NHPR Staff

New Hampshire's highest court has upheld a decision to dismiss indictments against a company under the state's Consumer Protection Act.

Mandatory Poster Agency Inc. argued prosecutors wrongly charged it with "knowingly" committing offenses when the law states that prosecutors had to prove the company "purposefully" committed them.

The New Hampshire Supreme Court has affirmed a record judgment against Exxon Mobil in a case over the chemical additive MtBE.

The $236 million verdict reached by a jury in 2013 was the largest jury award in state history. Exxon Mobil argued it used MtBE to reduce air pollution under federal law and shouldn’t be held liable for contamination in the state’s groundwater.

In its ruling Friday, the state’s high court rejected the company’s request for a new trial and about 10 other points it raised.

NHPR Staff

The state’s highest court ruled Friday that the family of a then-12 year-old girl cannot sue the Manchester School District for a bullying incident that happened in 2011.

The girl’s family argued that their daughter, who was in seventh grade, was beaten up in the school cafeteria, but that the school failed to notify them that she was being teased earlier that week.

The state’s highest court will release its ruling Friday morning on whether a Manchester family can sue the school district over a bullying incident that happened more than four years ago.

The case involves a then-7th grade girl who got her teeth knocked out in the McLaughlin Middle School's cafeteria by two boys who allegedly teased her. The girl’s mother, Danielle Gauthier, argued this incident could have been prevented if her family had been told about a bullying incident earlier that week.  

NHPR Staff

 

The New Hampshire Supreme Court has ruled in favor of a couple who attempted to sue Pat's Peak Ski Resort over a chairlift fall, but whose complaint was dismissed for failing to give proper notice.

The court reversed a judge's decision Tuesday and sent the case back for further action.

Deborah and Matthew Hogan reported injuries Feb. 4, 2012. They sent notice to the resort by certified return receipt mail on May 3, 2012, that they retained a lawyer. The resort got it May 10.

Tracy Lee Carroll, NHPR

 

The New Hampshire Supreme Court has upheld a lower court ruling that struck down a 2012 voter registration law, saying language that links voting to getting a driver's license is unconstitutional and could discourage some people from voting.

The court, in a unanimous decision Friday, said because the language is confusing and inaccurate, and because it could cause an otherwise qualified voter not to register to vote in New Hampshire, it imposes an "unreasonable" burden upon the right to vote.

Allegra Boverman / NHPR

The former New Hampshire state supreme court Chief Justice is stepping down from the UNH School of Law Warren B. Rudman Center.

John Broderick , who was Dean of the UNH Law School before he left that post to lead the Rudman Center last year, told NHPR that he and university administrators differed over the Rudman Center's future.

"I love the Rudman Center and what it stood for and its potential, and I can assure you I would never have left a job I love that much and a center that I helped found if I was getting support from the university," Broderick said. 

NHPR Staff

The New Hampshire Supreme Court has upheld some legislative reforms to the state retirement system, a month after upholding key provisions.

The court on Friday upheld changes to the definitions of "earned compensation" and Cost of Living Adjustments. It ruled the changes didn't retroactively reduce pension benefits earned before a law was passed, and that employees don't have a contractual guarantee that the terms of the plans will never change.

The ruling addressed a lawsuit by the American Federation of Teachers.

Ben McLeod / Flickr Creative Commons

The New Hampshire Supreme Court has said the state can increase public employees’ pension contributions, even after workers have spent 10-plus years on the job.

The ruling reverses a Superior Court decision, which could have required the state to refund $75 million dollars in pension contributions to some 25,000 public employees.

NHPR Staff

New Hampshire's Supreme Court will hear two cases at Salem High School as part of its "On the Road" series.

The justices will travel to the school Thursday to hear arguments in cases involving evidence obtained by police during a road-side search and a confession in a burglary case.

Attorney General Joseph Foster and Deputy Attorney General Ann Rice will visit the school Tuesday to brief students about the cases.

Ben McLeod / Flickr Creative Commons

The New Hampshire Supreme Court is set to hear arguments that a man convicted of attempted murder in the 2012 shooting of a Manchester police officer should get a new trial because release of his booking photo tainted eyewitness identifications.

Myles Webster of Litchfield is serving 60 years to life in prison in the shooting of Officer Dan Doherty on March 21, 2012, as Doherty closed in on him during a foot chase.

Doherty, who suffered at least seven gunshot wounds to his legs and torso, returned to work nearly a year later after multiple surgeries.

Ben McLeod / Flickr Creative Commons

The New Hampshire Supreme Court has ruled four men sentenced to life in prison for murders committed when they were minors should get new sentencing hearings. The decision retroactively applies a 2012 US Supreme Court ruling that deemed mandatory life-sentences for juveniles cruel and unusual punishment.

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