New Hampshire Case Commentaries

State v. Stewart (2026 N.H. 14): Essential-Need Piercing of the Therapist–Patient Privilege for Threatened Mass Violence

Date: Apr 9, 2026

State v. Stewart (2026 N.H. 14): Essential-Need Piercing of the Therapist–Patient Privilege for Threatened Mass Violence Introduction In State v. Stewart, the New Hampshire Supreme Court affirmed...

Most-Significant-Relationship Choice of Law Governs Classification of Foreign Structured-Settlement Annuities in NH Divorce; Alimony Must Reflect Property Division and Health-Based Earning Limits

Date: Apr 4, 2026

Most-Significant-Relationship Choice of Law Governs Classification of Foreign Structured-Settlement Annuities in NH Divorce; Alimony Must Reflect Property Division and Health-Based Earning Limits I....

Conduct Can Effectuate “Treat-as-Waived” Financing Contingencies; Statute of Frauds Limits and Specific-Performance Presumption Reaffirmed

Date: Apr 4, 2026

Conduct Can Effectuate “Treat-as-Waived” Financing Contingencies; Statute of Frauds Limits and Specific-Performance Presumption Reaffirmed Case: J&C Properties v. Rayster Realty, Citation: 2026 N.H....

Reletting Damages Include “Landlord Work” and “Tenant Allowance” as “Costs of Alterations and Repairs” Under Commercial Lease Remedy Clauses

Date: Mar 21, 2026

Reletting Damages Include “Landlord Work” and “Tenant Allowance” as “Costs of Alterations and Repairs” Under Commercial Lease Remedy Clauses 1. Introduction In Brixmor GA Seacoast Shopping Center LLC...

“Just” Means Legally Right and Equitable: RSA 273-D:3, V Constitutionally Guides PAB Reinstatement and Permits Modification Even When Misconduct Is Found

Date: Mar 20, 2026

“Just” Means Legally Right and Equitable: RSA 273-D:3, V Constitutionally Guides PAB Reinstatement and Permits Modification Even When Misconduct Is Found 1. Introduction In Appeal of New Hampshire...

State v. Clegg (2026 N.H. 11): Exigency Review Is De Novo and Carrier Delay Cannot Create Exigency

Date: Mar 19, 2026

State v. Clegg (2026 N.H. 11): Exigency Determinations Are Reviewed De Novo, and Third-Party Warrant-Response Delay Does Not Supply “Exigency” I. Introduction In State v. Clegg, the New Hampshire...

State Constitutional Confrontation Requires Physical Face-to-Face Testimony; Video Testimony (Even Two-Way) Violates Part I, Article 15

Date: Mar 15, 2026

State Constitutional Confrontation Requires Physical Face-to-Face Testimony; Video Testimony (Even Two-Way) Violates Part I, Article 15 Introduction In State v. Brousseau, 2026 N.H. 10, the New...

Late-Disclosed Investigative Consultation Is Admissible Absent Rule 12 Violation or Demonstrable Prejudice; DUI Negligent Homicide Proven by “Any Degree” Impairment

Date: Mar 11, 2026

Late-Disclosed Investigative Consultation Is Admissible Absent Rule 12 Violation or Demonstrable Prejudice; DUI Negligent Homicide Proven by “Any Degree” Impairment Case: State of New Hampshire v....

Recorded-Plan Incorporation Creates Implied Easements in Subdivision Roadways (But Not Common-Area Beach Rights)

Date: Mar 7, 2026

Recorded-Plan Incorporation Creates Implied Easements in Subdivision Roadways (But Not Common-Area Beach Rights) I. Introduction In Martin v. Far Echo Harbor Club, Inc., 2026 N.H. 9 (Mar. 3, 2026),...

State v. Wells (2026 N.H. 8): No De Novo Appellate Review of Jury-Viewed Video Evidence in Sufficiency Challenges

Date: Mar 7, 2026

No De Novo Appellate Review of Jury-Viewed Video Evidence in Sufficiency Challenges Introduction In State v. Wells, 2026 N.H. 8, the New Hampshire Supreme Court considered whether an appellate court...

Modification of Easement-Related Injunctions Requires Changed Law or Circumstances; “Maintenance” Does Not Bar Servient-Owner Improvements

Date: Feb 28, 2026

Modification of Easement-Related Injunctions Requires Changed Law or Circumstances; “Maintenance” Does Not Bar Servient-Owner Improvements 1. Introduction In Jeffrey C. Spear & a. v. Richard J. Waite...

“Not Required to Follow the Schedule” Does Not Eliminate Equal Parenting Rights or Defeat Guidelines Child Support

Date: Feb 27, 2026

“Not Required to Follow the Schedule” Does Not Eliminate Equal Parenting Rights or Defeat Guidelines Child Support I. Introduction In the Matter of Lici Deng-Vish and Frank Vish (N.H. Feb. 24, 2026)...

Lay Admissibility of Google Location Business Records & Curable “Prior Arrest” References in Criminal Trials (N.H.)

Date: Feb 27, 2026

Lay Admissibility of Google Location Business Records & Curable “Prior Arrest” References in Criminal Trials (N.H.) 1. Introduction In State of New Hampshire v. Christopher C. Crosby (N.H. Feb. 25,...

State v. Levier (2026 N.H. 7): State Bears the Burden to Prove Incompetence Did Not Substantially Affect an RSA 135-E:5, II Commitment Hearing

Date: Feb 15, 2026

State v. Levier (2026 N.H. 7): The State Bears the Burden—and Mixed Standards Apply—When Incompetence May Affect an RSA 135-E:5, II “Commission of Acts” Hearing Court: Supreme Court of New Hampshire...

State v. Hodgdon (2026 N.H. 6): Honest-but-False Accusations Generally Lack Probative Value for Rule 608(b) Impeachment

Date: Feb 13, 2026

State v. Hodgdon (2026 N.H. 6): Honest-but-False Accusations Generally Lack Probative Value for Rule 608(b) Impeachment Introduction In State v. Hodgdon, the New Hampshire Supreme Court affirmed...

State v. Owen (2026 N.H. 5) Commentary

Date: Feb 13, 2026

Rule 403 Limits “Post-Threat Security Measures” Evidence in Harassment-by-Threat Trials; Conditional Threats Turn on Objective Meaning (Not Specific Intent) Case: State v. Owen, 2026 N.H. 5 Court:...

Context-Driven Responsiveness Under RSA 91-A and Permissible Bad-Faith Findings to Support Remedies Without Naming Individual Officials

Date: Feb 13, 2026

Context-Driven Responsiveness Under RSA 91-A and Permissible Bad-Faith Findings to Support Remedies Without Naming Individual Officials Introduction In Laurie Ortolano v. City of Nashua & a. (N.H....

Perpetual IP Licenses and the One-Year Statute of Frauds: A License Is “Performed” When Granted (Absent an Express Covenant Not to Sue)

Date: Feb 7, 2026

Perpetual IP Licenses and the One-Year Statute of Frauds: A License Is “Performed” When Granted (Absent an Express Covenant Not to Sue) Case: Collision Commc'ns v. Nokia Solutions and Networks OY,...

State v. Price (2026 N.H. 3): Jury Must Decide “Deadly Force” Mens Rea and Must Be Unanimous as to the Particular Unprivileged Contact in Simple Assault

Date: Feb 1, 2026

State v. Price (2026 N.H. 3): Jury Must Decide “Deadly Force” Mens Rea and Must Be Unanimous as to the Particular Unprivileged Contact in Simple Assault I. Introduction In State v. Price, the New...

Rivas v. Ciecko (2026 N.H. 2) — Advance Notice Required for Missing-Witness Closing Arguments

Date: Jan 29, 2026

Advance Notice Required Before Invoking the Missing-Witness Inference in Closing Argument Case: Rivas v. Ciecko, 2026 N.H. 2 (N.H. Jan. 27, 2026) Court: Supreme Court of New Hampshire (Gould, J.)...