The plaintiff, Jose Hilario, appeals an order of the Superior Court (Lynn, C.J.) dismissing his legal malpractice action against the defendant, Attorney Neil J. Reardon. We reverse and remand... The following facts appear in the record. In 2004, the plaintiff was indicted in both Rockingham and Hillsborough Counties on various charges. He pled guilty to all charges, and sentences on two charges were suspended... ... ... On the remaining charges, the plaintiff entered into a plea agreement with...  

The petitioners, Parkland Medical Center, Derry Medical Center and Catholic Medical Center, appeal the decision of the New Hampshire Health Services Planning and Review Board (board) that the Elliot Health System (Elliot) is not required to obtain certificate of need (CON) review for the Elliot Medical Center at Londonderry project. See RSA ch. 151-C (2005 & Supp. 2008). We affirm... The record reveals the following. In 2005, Elliot began construction of the Elliot Medical Center at...  

The petitioner, Vicky Morton, appeals two decisions of the New Hampshire Personnel Appeals Board (PAB) ruling that: (1) the proper remedy for her layoff did not include reinstatement to her previous position; and (2) that she did not meet the minimum qualifications for the position of Associate Vice President of Academic Affairs. We consolidated the two appeals and affirm... The record supports the following relevant facts. In July 2007, the New Hampshire Community Technical College System...  

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... The...  

Pursuant to RSA 606:10 (2001), the State appeals an order of the Hooksett District Court (LaPointe, J.) dismissing a complaint against the defendant, Evelyn Bernard, for failure to obey a command at the scene of an emergency. See RSA 154:9 (2002). We reverse and remand... The following allegations are undisputed on appeal. On April 16, 2007, at approximately 2:41 p.m., Chief Everett Chaput of the Allenstown Fire Department declared a state of emergency in portions of Allenstown that had become...  

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... The facts are not in dispute. At trial, the State introduced evidence that the defendant had a bow, with several arrows, hanging on a rack on a wall in a recreational room in his residence, and had additional arrows located within the...  

The defendant, Gladys Durgin, appeals her conviction following a bench trial in Franklin District Court (Gordon, J.) for hindering apprehension or prosecution by harboring or concealing another. See RSA 642:3, I(a) (2007). She argues that the evidence was insufficient to convict her because lying to the police about the whereabouts of her daughter did not constitute harboring or concealing another within the meaning of RSA 642:3, I(a). We reverse... The following is undisputed. In August 2007,...  

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... I... The following facts were found by DES or are supported by the record. Franklin Pierce University is a private four-year educational institution whose main campus is located on the shores of Pearly Lake near the base of...  

The petitioner, Dan's City Auto Body (Dan's City), appeals an order of the Penalty Appeals Board (PAB) of the New Hampshire Department of Labor (NHDOL), which imposed a penalty of $20,000 for 125 violations of New Hampshire labor laws. We hold that the evidence was insufficient to support 105 of the cited violations, but was sufficient to support the other twenty. Accordingly, we reverse in part and affirm in part... The record supports the following relevant facts. The NHDOL conducted an...  

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...  

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... The jury could have found the following relevant facts. The defendant stabbed Steven Hayes five times on July 5, 2006, causing his death. On this same day, emergency personnel responded to fires at the defendant's restaurant and his apartment...  

The defendant, Jay S. Weiner, appeals an order of the Hampton District Court (Frasier, J.) granting the request by the plaintiff, Rita MacPherson, to extend a final protective order for an additional five years. See RSA 633:3-a, III-c (2007). We affirm... The record reveals the following. On September 22, 2005, the plaintiff obtained a final protective order against the defendant. On January 3, 2006, the plaintiff filed a statement with the police, claiming that the defendant went to her place...  

The defendant, Peter Clark, appeals his convictions for possession of child pornography, see RSA 649-A:3 (2007), following a bench trial in Superior Court (O'Neill, J.) We affirm... The following facts are supported by the record. In 2002 and 2003, the defendant became the subject of an investigation involving his internet communications with Detective James McLaughlin of the Keene Police Department, whom the defendant believed to be a fourteen-year-old boy. The defendant and Detective...  

The petitioners, Larrie Bratko and George Domey, co-guardians over the person and estate of Donald Domey, the ward, appeal a decision of the Hillsborough County Probate Court (Cloutier, J.) awarding the respondent, Judith Domey, damages and support arrearages. We reverse... I... The record supports the following facts. In October 2003, Donald Domey suffered a stroke that rendered him totally incapacitated. He became a patient in the rehabilitative unit at Greenbrier Terrace Rehabilitation...  

The natural mother, J.M., appeals the ruling of the Plymouth Family Division (Rappa, J.) that the Interstate Compact on the Placement of Children (ICPC), see RSA ch. 170-A (2002), applied to its decision allowing her to retrieve her daughter, Alexis O., from New Hampshire and return with her to Arizona, after having determined that the New Hampshire Division for Children, Youth and Families (DCYF) failed to prove that the mother had neglected her. The trial court ruled that because the ICPC...  

The petitioners, who are various towns, legislators, candidates, voters and public officials, appeal an order of the Superior Court (Conboy, J.) denying their request to declare that the New Hampshire House of Representatives' current apportionment of districts is unconstitutional and to enjoin the 2008 primary and general elections. We affirm... The record supports the following relevant facts. New Hampshire's legislative districts were twice reapportioned since the federal decennial census in...  

The defendant, Sean McGurk, appeals an order of the Superior Court (Burling, J.) denying his: (1) motion to vacate his conviction based upon ineffective assistance of counsel; (2) motion challenging his conviction as violating double jeopardy; and (3) motion for new trial and to withdraw guilty plea based upon the discovery of new evidence. We affirm... The trial court found or the record supports the following. On August 23, 2004, State Trooper Travis Anderson was dispatched to investigate a...  

The petitioners brought this action in 2005 seeking a declaratory judgment that House Bill (HB) 616, the statute previously governing education funding and allocation, was unconstitutional. At the conclusion of the proceedings below, the Superior Court (Groff, J.) declared the legislation unconstitutional on its face because HB 616 "failed to fulfill [the State's] duty to define a constitutionally adequate education, failed to determine the cost of an adequate education,... ... ... failed...  

The defendant, Christopher Legere, was convicted following a jury trial in Superior Court (McGuire, J.) of the second degree murder of John Denoncourt. See RSA 630:1-b, I(a), I(b) (2007). He appeals, arguing that the trial court erred in admitting the testimony of various witnesses. We affirm... ... ... The following facts appear in the record. During the overnight hours of June 24-25, 2006, Denoncourt rode his motorcycle to the Three Cousins Pizza and Bar (Three Cousins) in Manchester. When he...  

The defendant, Steve Gubitosi, was convicted of three counts of harassment, see RSA 644:4 (2007), and one count of stalking, see RSA 633:3-a (2007), following a jury trial in Superior Court (McGuire, J.). On appeal, he contends that the superior court did not have jurisdiction over the matter because the prosecutor was not properly appointed. In addition, he argues that his conviction pursuant to RSA 644:4, I(b) must be reversed because the statute is unconstitutionally overbroad. We affirm......