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  • Commentaries
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New Hampshire Case Commentaries

Defining “Course of Conduct” and “Reasonable Fear” in Civil Stalking: T.D. v. F.D.

Defining “Course of Conduct” and “Reasonable Fear” in Civil Stalking: T.D. v. F.D.

Date: Apr 3, 2025
Defining “Course of Conduct” and “Reasonable Fear” in Civil Stalking: T.D. v. F.D. Introduction In T.D. v. F.D., No. 2024-0595 (N.H. Apr. 2, 2025), the Supreme Court of New Hampshire addressed the...
Privacy–Public Interest Balancing and In-Camera Review Under New Hampshire’s Right-to-Know Law

Privacy–Public Interest Balancing and In-Camera Review Under New Hampshire’s Right-to-Know Law

Date: Apr 3, 2025
Privacy–Public Interest Balancing and In-Camera Review Under New Hampshire’s Right-to-Know Law Introduction In Laurie A. Ortolano v. City of Nashua, 2025 N.H. 2 (Apr. 2, 2025), the New Hampshire...
Clarifying Plain Error and Jury Instructions: Permissible Alternative Causation Theories in Negligent Homicide – State v. Cummings (2025 N.H. 15)

Clarifying Plain Error and Jury Instructions: Permissible Alternative Causation Theories in Negligent Homicide – State v. Cummings (2025 N.H. 15)

Date: Apr 2, 2025
Clarifying Plain Error and Jury Instructions: Permissible Alternative Causation Theories in Negligent Homicide – State v. Cummings (2025 N.H. 15) Introduction State v. Cummings, 2025 N.H. 15, is a...
Framework for Evaluating Trial Continuance and Direct‐Appeal Ineffective Assistance Claims

Framework for Evaluating Trial Continuance and Direct‐Appeal Ineffective Assistance Claims

Date: Mar 27, 2025
Framework for Evaluating Trial Continuance and Direct‐Appeal Ineffective Assistance Claims Introduction In State of New Hampshire v. Joshua Kandoll (No. 2023-0487, March 26, 2025), the New Hampshire...
Actual Payment, Not Mere Tender, Required to Cure Rent Arrears under RSA 540:9

Actual Payment, Not Mere Tender, Required to Cure Rent Arrears under RSA 540:9

Date: Mar 27, 2025
Actual Payment, Not Mere Tender, Required to Cure Rent Arrears under RSA 540:9 Introduction In Barrington Oaks Cooperative, Inc. v. Frank Blackington (Supreme Court of New Hampshire, Mar. 26, 2025),...
State v. Lewis: Timing of Essential-Need Determinations in Competency Proceedings

State v. Lewis: Timing of Essential-Need Determinations in Competency Proceedings

Date: Mar 27, 2025
State v. Lewis: Timing of Essential-Need Determinations in Competency Proceedings Introduction In State of New Hampshire v. Kenneth J. Lewis, Jr., No. 2023-0213 (N.H. Mar. 26, 2025), the New...
Distinct Community-of-Interest Requirement for Public Safety Bargaining Units: Appeal of Town of Barnstead (2025 N.H. 14)

Distinct Community-of-Interest Requirement for Public Safety Bargaining Units: Appeal of Town of Barnstead (2025 N.H. 14)

Date: Mar 27, 2025
Distinct Community-of-Interest Requirement for Public Safety Bargaining Units: Appeal of Town of Barnstead (2025 N.H. 14) Introduction The Supreme Court of New Hampshire’s decision in Appeal of Town...
Proof of Knowledge in Bail Jumping Requires Actual Notice: State of New Hampshire v. Doty

Proof of Knowledge in Bail Jumping Requires Actual Notice: State of New Hampshire v. Doty

Date: Mar 26, 2025
Proof of Knowledge in Bail Jumping Requires Actual Notice: State of New Hampshire v. Doty 1. Introduction The Supreme Court of New Hampshire’s decision in State of New Hampshire v. Ghenton Doty...
Affirming the Right to Exercise a Purchase Option in Commercial Leases: Mahmoud Chatila v. Charles Smith, III & a.

Affirming the Right to Exercise a Purchase Option in Commercial Leases: Mahmoud Chatila v. Charles Smith, III & a.

Date: Mar 15, 2025
Affirming the Right to Exercise a Purchase Option in Commercial Leases Mahmoud Chatila v. Charles Smith, III & a. Introduction In the case of Mahmoud Chatila v. Charles Smith, III & a., decided by...
Discretionary Function and Sovereign Immunity in OHRV Trail Siting: A New Precedent in Property Nuisance and Inverse Condemnation

Discretionary Function and Sovereign Immunity in OHRV Trail Siting: A New Precedent in Property Nuisance and Inverse Condemnation

Date: Mar 13, 2025
Discretionary Function and Sovereign Immunity in OHRV Trail Siting: A New Precedent in Property Nuisance and Inverse Condemnation Introduction The case of Lois Stearns & a. v. Town of Gorham & a.,...
Merging of False Imprisonment and Assault Offenses in Domestic Violence Cases: A New Precedent from THE STATE OF NEW HAMPSHIRE v. JALEN MILLER

Merging of False Imprisonment and Assault Offenses in Domestic Violence Cases: A New Precedent from THE STATE OF NEW HAMPSHIRE v. JALEN MILLER

Date: Feb 23, 2025
Merging of False Imprisonment and Assault Offenses in Domestic Violence Cases: A New Precedent from THE STATE OF NEW HAMPSHIRE v. JALEN MILLER Introduction In the decision rendered on February 19,...
Extending Allocations of Death Benefits for Dependents Beyond Statutory Limitations

Extending Allocations of Death Benefits for Dependents Beyond Statutory Limitations

Date: Feb 23, 2025
Extending Allocations of Death Benefits for Dependents Beyond Statutory Limitations Introduction This commentary discusses the Supreme Court of New Hampshire’s decision in the Appeal of Estate of...
Equitable Partitioning in Merged Real Property Cases: Affirming Party Intent and Contributions

Equitable Partitioning in Merged Real Property Cases: Affirming Party Intent and Contributions

Date: Feb 19, 2025
Equitable Partitioning in Merged Real Property Cases: Affirming Party Intent and Contributions Introduction In Christopher R. Moen v. David H. Moen, the Supreme Court of New Hampshire dealt with a...
Ensuring Consistency in Enhanced Damages Awards: A New Precedent on Reconciling Jury Verdict Inconsistencies

Ensuring Consistency in Enhanced Damages Awards: A New Precedent on Reconciling Jury Verdict Inconsistencies

Date: Feb 19, 2025
Ensuring Consistency in Enhanced Damages Awards: A New Precedent on Reconciling Jury Verdict Inconsistencies Introduction The case of Jared Goodell v. Brandie Wells Roof before the Supreme Court of...
New Legal Standard on Revoking Pretrial Release for Violations Involving Contact with Minors

New Legal Standard on Revoking Pretrial Release for Violations Involving Contact with Minors

Date: Feb 19, 2025
New Legal Standard on Revoking Pretrial Release for Violations Involving Contact with Minors Introduction The Supreme Court of New Hampshire recently issued a significant Opinion in The State of New...
Mandated Disclosure of Municipal Equalization Ratios in Tax Abatement Cases

Mandated Disclosure of Municipal Equalization Ratios in Tax Abatement Cases

Date: Feb 19, 2025
Mandated Disclosure of Municipal Equalization Ratios in Tax Abatement Cases Introduction In the case of Pheasant Lane Realty Trust v. City of Nashua, the Supreme Court of New Hampshire examined the...
State v. Argie: Upholding Rule 404(b) Admission of Prior Solicitation Evidence in First-Degree Murder Conviction

State v. Argie: Upholding Rule 404(b) Admission of Prior Solicitation Evidence in First-Degree Murder Conviction

Date: Feb 17, 2025
State v. Argie: Upholding Rule 404(b) Admission of Prior Solicitation Evidence in First-Degree Murder Conviction Introduction In the landmark case of State of New Hampshire v. William Argie, the...
Establishing Personal Jurisdiction in International Child Support Cases: Penichet v. Corroon

Establishing Personal Jurisdiction in International Child Support Cases: Penichet v. Corroon

Date: Feb 13, 2025
Establishing Personal Jurisdiction in International Child Support Cases: Penichet v. Corroon Introduction In the landmark case Penichet v. Corroon (2025 N.H. 8), the Supreme Court of New Hampshire...
Establishing State Responsibility in the Use of False Evidence: New Hampshire v. Roger Roy

Establishing State Responsibility in the Use of False Evidence: New Hampshire v. Roger Roy

Date: Feb 11, 2025
Establishing State Responsibility in the Use of False Evidence: State of New Hampshire v. Roger Roy Introduction State of New Hampshire v. Roger Roy (2025 N.H. 7) is a landmark case adjudicated by...
Sufficiency of Evidence in Self-Defense Claims: Insights from THE STATE OF NEW HAMPSHIRE v. YOESMITH SOSA PEREZ

Sufficiency of Evidence in Self-Defense Claims: Insights from THE STATE OF NEW HAMPSHIRE v. YOESMITH SOSA PEREZ

Date: Feb 11, 2025
Sufficiency of Evidence in Self-Defense Claims: Insights from THE STATE OF NEW HAMPSHIRE v. YOESMITH SOSA PEREZ (2025 N.H. 6) Introduction THE STATE OF NEW HAMPSHIRE v. YOESMITH SOSA PEREZ is a...
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