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New Hampshire Federal Tort Claims Law
 
United States of America v. Dale Edson

Concord, NH - Swanzey Man Pleads Guilty To Possessing Child Pornography

Dale Edson, 30, of Swanzey, New Hampshire, pleaded guilty in federal court to possessing images of child pornography.

According to documents on file and statements in court, law enforcement officers received information in July 2015 that potential child pornography images had been uploaded to a cloud storage ... More...
   $0 (03-08-2017 - NH)

United States of America v. Luis D. Capo-Nieves

Concord, NH - Manchester Man Pleads Guilty To Trafficking Cocaine In Nashua

Luis D. Capo-Nieves pleaded guilty to a federal charge of possessing cocaine with the intent to distribute. Capo-Nieves is 33 years old and lives in Manchester.

According to court documents and statements made during Capo-Nieves’s plea hearing, on July 1, 2016, the Nashua Police Department dispatched seve... More...
   $0 (03-06-2017 - NH)

United States of America v. Matthew Bergeron, Rashawn Dunn and Jessica Fithian

Concord, NH - Three Plead Guilty To Firearm Straw Purchasing

Matthew Bergeron, 30, of Fitchburg, Massachusetts, Rashawn Dunn, 30, of Manchester, New Hampshire, and Jessica Fithian, 33, of Manchester, New Hampshire, have all pleaded guilty to conspiracy charges arising out of the straw purchase of firearms in 2016.

According to the indictment, statements made in court, a... More...
   $0 (03-03-2017 - NH)

James Walsh v. Zurich American Insurance Company, d/b/a Zurich Direct Markets, d/b/a Zurich North American Commercial d/b/a Zurich North American, et al.

A jury found that appellant Zurich
American Insurance Company ("Zurich") breached employment
agreements with appellee James Walsh when it substantially reduced
his incentive pay for a lucrative deal -- the largest of its type
in the company's history -- and did not pay incentive on another
deal.1 Walsh was awarded double damages and attorney's fees,
totaling nearly $2.4 mil... More...
   $0 (02-26-2017 - NH)

UNITED STATES OF AMERICA v. RAFAEL HUMBERTO CELAYA VALENZUELA

Celaya first came to the attention of law enforcement in
August 2010, when he accompanied Jesus Manuel Gutierrez-Guzman
("Guzman"), El Chapo's cousin and close confidant, and other co
conspirators to a meeting with the undercover agents (the "FBI
Organization") in Hallandale, Florida.1 At that meeting, Celaya
1 Of course, the conspiratorial agreement... More...
   $0 (02-25-2017 - NH)

The State of New Hampshire v. Robert Grimpson Smith

The pertinent facts are as follows. On August 2, 2014, Officer Alden responded to a report that a woman, later identified as Kerry St. Lawrence, had collapsed on the lawn outside 14 Bank Street in Lebanon. When Alden arrived, he saw St. Lawrence sitting bent over on the lawn, approximately six feet from the entrance of the rooming house located at that address. Alden called out to her, but she ... More...   $0 (02-02-2017 - NH)

The State of New Hampshire v. Remi Gross-Santos

We recite here a summary of the record evidence. We note that the issues raised by the defendant address two rulings made by the trial court, one after a suppression hearing and the other at trial. This summary of the evidence is drawn from the trial record.

The defendant was scheduled to graduate from Portsmouth High School on June 13, 2014. He made plans with his friends to attend... More...
   $0 (02-02-2017 - NH)

The State of New Hampshire v. William Edic

The defendant, William Edic, appeals his conviction, following a jury trial in Superior Court (McNamara, J.), on one count of second degree murder and one count of falsifying physical evidence. See RSA 630:1-b, I(b) (2016); RSA 641:6, I (2016). On appeal, the defendant challenges various evidentiary rulings made at trial. We affirm.

The record supports the following facts. The char... More...
   $0 (02-02-2017 - NH)

THE STATE OF NEW HAMPSHIRE v. SEAN MCINNIS

Following a bench trial based upon stipulated facts, the defendant, Sean McInnis, was convicted of two counts of possession of a controlled drug. See RSA 318-B:2, I (2011). On appeal, he challenges his convictions, arguing that the Superior Court (Tucker, J.) erroneously denied his motion to suppress. We affirm.

The following facts are drawn from the trial court’s order, or are oth... More...
   $0 (01-16-2017 - NH)

Belsito Communications, Inc. d/b/a 1st Responder Newspaper v. James Decker

Brian Blackden is a part-time freelance photographer who
for years has sent photos to a bunch of regional-media outlets,
including Belsito Communications, Inc. (just "Belsito" from now
on). Belsito and Blackden filed this suit alleging that New
Hampshire State Trooper James Decker violated their constitutional
rights when he seized Blackden's camera at the scen... More...
   $0 (12-29-2016 - NH)

United States of America v. Marcos Nieves

Concord, NH - Manchester Man Pleads Guilty To Federal Firearms Charges

Marcos Nieves, 40, previously of Manchester, New Hampshire, pleaded guilty to the illegal possession of firearms and ammunition.

According to the indictment and other statements made in court, members of the Manchester Police Department obtained a search warrant for the defendant’s Manchester resi... More...
   $0 (12-05-2016 - NH)

United States of America v. Gladys Maria Pena Domingue

Concord, NH - Former Gate City Woman Pleads Guilty In Tax Refund And Identity Theft Scheme

Gladys Maria Pena Dominguez pleaded guilty to participating in an illegal scheme to use stolen personal identifying information to file false federal income tax returns and steal hundreds of thousands of dollars from the U.S. Treasury. Pena pleaded guilty to one count each of the federal crimes of ... More...
   $0 (12-07-2016 - NH)

United States of America v. Michael Younge

Concord, NY - Bay Stater Pleads Guilty In Illegal Scheme To Buy Firearms In Hooksett

Michael Younge pleaded guilty to participating in an illegal scheme to purchase firearms. Younge pleaded guilty to one count of the federal crime of Aiding and Abetting the Making of a False Statement in Connection with the Attempted Acquisition of a Firearm. Younge, 26 years old, lived in Framingham an... More...
   $0 (12-07-2016 - NH)

United States of America v. David Ackell

Concord, NH - Seekonk Massachusetts Man Found Guilty Of Stalking

a jury found David Ackell, 48, of Seekonk, Massachusetts, guilty of interstate stalking. The trial began on December 13, 2016 and concluded today when the jury returned its verdict after by a jury after deliberating for approximately four hours. Ackell’s victim was a resident of New Hampshire.

According ... More...
   $0 (12-19-2016 - NH)

The State of New Hampshire v. Jamie F. Letarte

Sex Offender

The jury could have found the following facts. The defendant is the biological father of the victim. The charges stem from an incident that occurred in February 2012. The victim, who was then approximately 13 years old, was having a friend sleep at her house. The victim and her friend became intoxicated on alcohol that the defendant had provided them. When the victim woke up in the early morn... More...   $0 (12-14-2016 - NH)

The State of New Hampshire v. Thomas Milton

The relevant facts follow. The charges against the defendant stem from events occurring on July 26, 2010, at the New Hampshire State Prison where the defendant and the victim were then incarcerated. The defendant was a member of a prison gang known as the Brotherhood of White Warriors (BOWW), and had been ordered by Frankie Philbrook, a high-ranking member of BOWW, to assault the victim because ... More...   $0 (11-20-2016 - NH)

UNITED STATES OF AMERICA v. PETER APICELLI

In September 2013, New Hampshire law enforcement
officials received information from a Campton town employee named
Robert Bain about a potential marijuana grow near Chandler Hill
Road and Mason Road. On September 5, state police officers met
with Bain near Chandler Hill Road to locate the marijuana plants.
The area by Chandler Hill Road and Mason Road was heavily wooded.... More...
   $0 (10-17-2016 - NH)

United States of America v. Jose Casella

Concord, NH - Lawrence Man Pleads Guilty To Heroin And Fentanyl Distribution Conspiracy

Jose Casellas, 39, a citizen of the Dominican Republic most recently residing in Lawrence, Massachusetts, pleaded guilty in United States District Court for the District of New Hampshire to a federal indictment charging him with conspiracy to distribute heroin and fentanyl.

Accord... More...
   $0 (09-29-2016 - NH)

United States of America v. Jeannette Hardy

Concord, NH - Manchester Woman Pleads Guilty To Conspiracy To Distribute Heroin And Fentanyl

Jeannette Hardy, 25, of Manchester, New Hampshire, pleaded guilty to conspiracy to distribute and to possess with the intent to distribute fentanyl and heroin.

According to an offer of proof made by the United States at the hearing, the Manchester Police responded to a residen... More...
   $0 (10-04-2016 - NH)

UNITED STATES OF AMERICA v. RAYMOND NEGRÓN

On August 22, 2012, a federal grand jury returned a nine
count indictment against Negrón.1 Negrón and the Government
subsequently reached a plea agreement in which Negrón pled guilty
to counts one through eight. The Government dismissed count nine,
which carried a mandatory minimum consecutive sentence of 120
months' imprisonment. See 18 U.S.C. § 924(c)(1)(B)(i). Negrón... More...
   $0 (10-10-2016 - NH)

The State of New Hampshire v. David Aldrich

HICKS, J. The defendant, David Aldrich, appeals his conviction, following a jury trial in Superior Court (MacLeod, J.), on two counts of aggravated felonious sexual assault. See RSA 632-A:2, I(j) (2007). The defendant challenges the trial court’s ruling preventing him from crossexamining the victim about three of four allegedly false allegations of sexual assault that she had made against othe... More...   $0 (09-18-2016 - NH)

The State of New Hampshire v. David Aldrich

The defendant, David Aldrich, appeals his conviction, following a jury trial in Superior Court (MacLeod, J.), on two counts of aggravated felonious sexual assault. See RSA 632-A:2, I(j) (2007). The defendant challenges the trial court’s ruling preventing him from crossexamining the victim about three of four allegedly false allegations of sexual assault that she had made against other men. He a... More...   $0 (09-03-2016 - NH)

The State of New Hampshire v. Christopher Long

The record reflects the following facts. In May 2012, the defendant kidnapped the victim, who, at the time, was pregnant with his child. The child was born soon after. In March 2013, the defendant pleaded guilty to six criminal charges for which prison sentences were imposed. Three of the sentences were imposed “stand committed,” requiring the defendant to be imprisoned immediately. The remai... More...   $0 (08-21-2016 - NH)

United States of America v. Isreal Garcia and Maximo Brito-Tejeda

Concord, NH - Two Massachusetts Men Sentenced For Fentanyl Distribution Conspiracy

Israel Garcia, 56, of Lawrence, Massachusetts and Maximo Brito-Tejeda, 36, a citizen of the Dominican Republic most recently residing in Lawrence, Massachusetts, were sentenced in United States District Court for the District of New Hampshire after pleading guilty to five counts of distribution of fentanyl ... More...
   $0 (08-19-2016 - NH)

Petition of Estate of Thea Braiterman

The applicant created the Trust in 1994, naming herself and her son, David J. Braiterman, as trustees. The applicant resigned as a trustee in 2008. However, the Trust authorized the applicant to appoint additional and successor trustees, and the petitioner acknowledges that the applicant could have resumed service as a trustee by appointing herself as an additional or successor trustee.
T... More...
   $0 (07-13-2016 - NH)

The State of New Hampshire v. Dominick Stanin, Sr.

The relevant facts follow. In April 2014, the defendant was convicted of two counts of reckless conduct, see RSA 631:3 (2007) (amended 2014), and one count of being a felon in possession of a dangerous weapon, see RSA 159:3
(2014). On one of the reckless conduct charges, he received a time-served sentence. On the two remaining charges, he received consecutive three-andone-half-to-seven-yea... More...
   $0 (07-13-2016 - NH)

The State of New Hampshire v. Drew Fuller

The record reflects the following facts. The defendant was arrested on May 26, 2015, and charged with possession of heroin, changing marks on a firearm, and carrying a firearm in a vehicle without a license. See RSA 318-B:2, I (2011); RSA 159:13 (2014); RSA 159:4 (2014). The State filed informations on the misdemeanor firearm charges on July 16, and a grand jury indicted the defendant on the h... More...   $0 (06-29-2016 - NH)

The State of New Hampshire v. Drew Fuller

The record reflects the following facts. The defendant was arrested on May 26, 2015, and charged with possession of heroin, changing marks on a firearm, and carrying a firearm in a vehicle without a license. See RSA 318-B:2, I (2011); RSA 159:13 (2014); RSA 159:4 (2014). The State filed informations on the misdemeanor firearm charges on July 16, and a grand jury indicted the defendant on the h... More...   $0 (06-21-2016 - NH)

United States of America v. Robert Orth

CONCORD, N.H. – Vermont Man Sentenced To Ten Years On Federal Heroin And Gun Charges

Robert Orth, 30, of South Ryegate, Vermont, was sentenced in United States District Court for the District of New Hampshire on federal charges of possessing with intent to distribute more than 100 grams of heroin, possessing a firearm in furtherance of his heroin trafficking, and possessing a firearm as... More...
   $0 (04-18-2016 - NH)

United States of America v. Joseph Ruhland

Concord, N.H.— Somersworth Man Pleads Guilty To Illegal Possession Of Four Firearms

United States Attorney Emily Gray Rice announced that Joseph Ruhland, 42, of Somersworth, New Hampshire, pleaded guilty to a federal indictment charging him with the illegal possession of four firearms in violation of 18 U.S.C. § 922(g)(1).

According to the indictment, statements mad... More...
   $0 (04-22-2016 - NH)

United States of America v. Genfry Martinez

CONCORD, N.H. – Massachusetts Man Pleads Guilty To Fentanyl Charge

Genfry Martinez, 20, of Lawrence, Massachusetts, pleaded guilty in United States District Court for the District of New Hampshire to a federal indictment charging him with one count of possession with intent to distribute the Schedule II controlled substance fentanyl, announced United States Attorney Emily Gray Rice.
... More...
   $0 (04-26-2016 - NH)

United States of America v. Seamus Murphy

CONCORD, NEW HAMPSHIRE: Milford Man Sentenced To 51 Months On Bank Robbery Charge

Seamus Murphy, 34, of Milford, New Hampshire, was sentenced in the United States District Court for the District of New Hampshire for bank robbery, announced United States Attorney Emily Gray Rice. The Court imposed a term of 51 months imprisonment, three years of supervised release, and full restitution to... More...
   $0 (05-02-2016 - NH)

United States of America v. Justin Bartimus

CONCORD, NH – Former Methuen Resident Pleads Guilty To Drug Trafficking

United States Attorney Emily Gray Rice announced that Justin Bartimus, 35, formerly of Methuen, Massachusetts, pleaded guilty on May 4, 2016 to: (1) conspiracy to distribute, and possess with intent to distribute, oxycodone and cocaine and (2) distribution of oxycodone. Bartimus appeared before United States District... More...
   $0 (05-06-2016 - NH)

State of New Hampshire v. Steven P. Collins

The jury could have found the following facts. In 2009, the victim, age fourteen, became acquainted with the defendant and his wife, Michelle Collins, through community dinners held by churches in the Lebanon area. Soon thereafter, the victim began visiting the defendant and his wife at their trailer home in Grafton. After several visits, the victim began spending the night at the Collinses’ ho... More...   $0 (04-23-2016 - NH)

State of New Hampshire v. Louise E. Pinault

The record supports the following facts. On August 27, 2013, the defendant was involved in two motor vehicle accidents in Hollis. She was charged with driving under the influence (DUI) and with violating the “conduct after an accident” statute. See RSA 265-A:2, I(a)(2014); RSA 264:25, I. One witness saw a “big puff of dirt as if an impact had happened” on the side of the road and saw a gold se... More...   $0 (04-23-2016 - NH)

State of New Hampshire v. Amy Kathleen Mouser

The trial court found the following facts when it denied the defendant’s motion to suppress. On June 7, 2012, Joseph Jennings was arrested on drugrelated charges and released on personal recognizance bail to the custody of
the defendant. That day, he was also served with a temporary order of protection that prohibited him, and third parties acting on his behalf, from contacting a certain wo... More...
   $0 (04-23-2016 - NH)

State of New Hampshire v. Christopher Kean

The following facts are derived from the trial court’s order or the record. On September 4, 2012, the defendant, while wearing an official but discontinued Manchester Police jacket, was observed by Manchester Police Officer Biron walking in front of a Manchester Police Department substation. Although the jacket had been discontinued in 1999, it bore a current Manchester Police Department patch. ... More...   $0 (04-23-2016 - NH)

Aranosian Oil Co., Inc. & a. v. State of New Hampshire

The Environmental Protection Agency (EPA) requires that owners of underground storage tanks demonstrate their ability to pay cleanup costs and compensate third parties for bodily injury and property damage arising out of releases of petroleum products from their tanks. See 40 C.F.R. § 280.93 (2014). New Hampshire’s Oil Discharge and Disposal Cleanup Fund (ODD Fund), established in 1988, is an EP... More...   $0 (04-23-2016 - NH)

The State of New Hampshire v. Joseph Kuchman

The defendant, Joseph Kuchman, appeals decisions of the Superior Court (Lewis and Brown, JJ.) related to his conviction by a jury on one count of first degree assault. See RSA 631:1, I (2007). The defendant argues that the trial court erred when it denied his request for a bill of particulars, denied his multiple motions for a mistrial, and admitted evidence of a telephone conversation. For th... More...   $0 (04-21-2016 - NH)

The State of New Hampshire v. Eric R. Cable

The relevant facts follow. In April 2013, a grand jury indicted the defendant on alternate counts of negligent homicide. See RSA 630:3, I (2007), II; see also State v. Wong, 125 N.H. 610, 618-20 (1984) (explaining that, under RSA 630:3, I, II, the culpability requirement of negligent homicide may be satisfied either by showing that a person caused the death of another negligently or by establish... More...   $0 (04-02-2016 - NH)

 
 
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