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New Hampshire Federal Tort Claims Law
 

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)

State of New Hampshire v. Albert J. Boutin, III

The defendant, Albert J. Boutin, III, appeals his conviction, following a jury trial in Superior Court (MacLeod, J.), on one count of misdemeanor possession of marijuana. See RSA 318-B:2, I (2011). We affirm.
The jury could have found the following facts. On July 26, 2013, State Trooper McCarthy and Corporal Magoon of the Woodstock Police Department went to the defendant’s residence to e... More...
   $0 (03-12-2016 - NH)

The State of New Hampshire v. Christina Thomas

LYNN, J. The defendant, Christina Thomas, appeals her conviction, following a jury trial in Superior Court (Lewis, J.), of first degree assault for knowingly causing serious bodily injury to a person under 13 years of age. See RSA 631:1, I(d) (2007). She argues that the trial court erred by: (1) admitting evidence of “other bad acts” committed against the victim and the victim’s mother; and (2... More...   $0 (02-25-2016 - NH)

U.S. Equal Employment Opportunity Commission & v. Fred Fuller Oil Company, Inc.

Pursuant to Supreme Court Rule 34, the United States District Court for the District of New Hampshire (Barbadoro, J.) certified to us the following questions of law:
1. Whether sections 354-A:2 and 354-A:7 of the New Hampshire Revised Statutes impose individual employee liability for aiding and abetting discrimination in the workplace.
2. Whether section 354-A:19 of the New Hampshir... More...
   $0 (02-23-2016 - NH)

The State of New Hampshire v. Christina Thomas

The pertinent facts are as follows. In 2002, the defendant reconnected with E.A., a childhood friend. Shortly thereafter, E.A. moved in with the defendant and her family. In August 2003, E.A. gave birth to D.A. and continued residing with the defendant, who promised to help take care of the child. E.A. and D.A. lived with the defendant until 2010, when D.A. was removed from the home and E.A. l... More...   $0 (02-23-2016 - NH)

New Hampshire Fish and Game Department v. Edward Bacon

The following facts are established by the record. On September 16, 2012, the defendant began a five-day solo hiking trip in the White Mountains, during which he planned to hike several mountains with summits over 5,000 feet. At the time of the hike, the defendant was fifty-nine years old, had undergone four hip surgeries since 2005, and had an artificial hip that had dislocated on five occasion... More...   $0 (02-22-2016 - NH)

Terry Ann Bartlett v. The Commerce Insurance Company

The trial court recited the following facts. The petitioner was injured in a motor vehicle accident in New York in August 2004, when the motorcycle on which she was a passenger, which Jeffrey Vilagos owned and operated, was struck by a motor vehicle operated by Myroslaw Mykijewycz. Mykijewycz is insured by Allstate Insurance Company (Allstate) under a policy that provides liability insurance cov... More...   $0 (02-22-2016 - NH)

State of New Hampshire v. Makenzy Thelusma

The following facts are derived from the record. On August 9, 2012, Sergeant Roy, a Berlin police officer, observed the defendant driving the wrong way on a one-way street. Roy stopped the car and the defendant produced a New York state identification card, but not a driver’s license. While Roy was in his cruiser unsuccessfully seeking to determine whether the defendant had a valid driver’s lic... More...   $0 (02-22-2016 - NH)

New Hampshire v. Josiah Mayo

The jury could have found the following facts. On the evening of July 14, 2012, the defendant and his cousin, Daniel Mayo, were in Portsmouth at The Page, a restaurant and bar. They left at around 12:30 a.m. and went their separate ways, with plans to meet later at another area restaurant. The victim and his friends Kevin Donahue, Robert Yitts, Jacob Losik, William Ryan Paris, and Charles “Cost... More...   $0 (02-22-2016 - NH)

United States of America v. Nathan Tremblay

Concord, NH - Manchester Man Sentenced On Firearm Charge

Nathan Tremblay, 23, of Manchester, New Hampshire, was sentenced for possession of a firearm by a prohibited person in violation of federal law. The Court imposed a term of five months’ imprisonment, followed by five months of community confinement and two years of supervised release.

On August 10, 2014, Tremblay was a pas... More...
   $0 (02-10-2016 - NH)

United States of America v. Cruz E. Galvan

Concord, MH - Queen City Drywaller Jailed For Under-The-Table Payroll Scheme

a New Hampshire drywall contractor was sentenced today to federal prison for an under-the-table payroll scheme that cost the U.S. Treasury more than $750,000. Senior United States District Judge Steven A. McAuliffe sentenced Cruz E. Galvan, age 39, of Manchester, New Hampshire, to eighteen months in federal pris... More...
   $0 (02-09-2016 - NH)

The State of New Hampshire v. Tyler Boyer

The State appeals an order of the Circuit Court (Rappa, J.) granting the motion of the defendant, Tyler Boyer, to suppress evidence obtained when, without a warrant, the police entered the apartment that he shared with his girlfriend and arrested him. The trial court found that the defendant had standing to object to the search despite the fact that, at the time of the search, he was present wi... More...   $0 (02-15-2016 - NH)

United States of America v. Ronald Alan Cook

Concord, NH - Resident Of Manchester Pleads Guilty To Bank Robbery

Ronald Alan Cook, a 44-year-old resident of Manchester, has pleaded guilty to robbing the Bank of New Hampshire at 705 Hooksett Road in Manchester on November 10, 2015.

Cook entered the federally-insured bank and handed a note to a bank teller that stated, “I have a gun!! Give me all the 100, 50, 20 and 10 now an... More...
   $0 (02-02-2016 - NH)

UNITED STATES OF AMERICA v. JONATHAN TANGUAY

This is the second go-round in our appellate review of the denial of a motion to suppress filed
by defendant-appellant Jonathan Tanguay. After the district court
refused to suppress vital evidence, see United States v. Tanguay
(Tanguay I), 907 F. Supp. 2d 165, 186 (D.N.H. 2012), the defendant
went to trial. The jury convicted him on a charge of possession
of child porno... More...
   $0 (02-07-2016 - NH)

Maureen McPadden v. Wal-Mart Stores East, L.P.

Concord, NH - Former Wal-Mart Pharmacist Awarded $31 million in damages

Maureen McPadden sued Wal-Mart Stores, Inc. on a wrongful termination theory claiming that she was fired from her pharmacist position at the Wal-Mart in Seabrook New Hampshire after she report safety concerns about how co-workers were dispensing prescriptions.

Wal-Mart claimed that the Plaintiff was terminate... More...
   $31000000 (01-29-2016 - NH)

United States of America v. Prieto

We begin by summarizing the evidence that sets the stage
for evaluating Prieto's challenges to the sufficiency of the
government's proof in support of the offense for which Prieto was
charged and convicted. In so doing, we take the evidence in a
light favorable to the jury verdict. United States v. Burgos
Montes, 786 F.3d 92, 99 (1st Cir.), cert. denied, 136 S. Ct. 599 More...
   $0 (01-20-2016 - NH)

The State of New Hampshire v. Oscar Grande

The relevant facts follow. On January 9, 2013, two men, both wearing masks and gloves, and one carrying a knife, entered the “Bremmer Street Food Mart” (Food Mart), in Manchester, and demanded money from the clerk. The
clerk did not give the men any money, but stated that he was going to call the police. The two men left the store, and the clerk called 911. When the police arrived, the cl... More...
   $0 (01-18-2016 - NH)

United States of America v. Gregory Paradis

CONCORD, N.H. – After pleading guilty to a federal offense that involved the theft of money from a labor union, Gregory Paradis, a 37-year-old resident of Barrington, New Hampshire, was sentenced to two years of probation, announced United States Attorney Emily Gray Rice.

Paradis was elected president and senior steward of the Seabrook Nuclear Security Officers Association in M... More...
   $0 (01-12-2016 - NH)

The State of New Hampshire v. Oscar Grande

Following a jury trial in Superior Court (Abramson, J.), the defendant, Oscar Grande, was convicted of armed robbery. See RSA 636:1 (2007). On appeal, he argues that his trial counsel was ineffective by failing to contest the admission of evidence concerning an uncharged robbery. We affirm. The relevant facts follow. On January 9, 2013, two men, both wearing masks and gloves, and one carryi... More...   $0 (01-12-2016 - NH)

State of New Hampshire v. Taneal C. Broadus

Following a bench trial, the defendant, Taneal C. Broadus, was convicted on one felony count of possession of oxycodone, one felony count of possession of codeine, and one misdemeanor count of possession of marijuana. See RSA 318-B:2 (Supp. 2014). On appeal, she challenges only her felony convictions, arguing that the Superior Court (Wageling, J.) erroneously denied her motion to suppress eviden... More...   $0 (01-06-2016 - NH)

State of New Hampshire v. Colleen Carr

The defendant, Colleen Carr, appeals her conviction by a jury on one count of felony criminal solicitation of accomplice to insurance fraud, see RSA 629:2 (2007); RSA 638:20, III (2007), IV(a)(1) (Supp. 2014), and two counts of felony witness tampering, see RSA 641:5, I (2007). On appeal, she argues that the Superior Court (Colburn, J.) erred by: (1) failing to dismiss the criminal solicitation i... More...   $0 (01-06-2016 - NH)

 
 
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