9 results for 'judge:"Bassett"'.
J. Bassett affirms summary judgment in favor of a firearms dealer and the government agency responsible for performing background checks prior to firearms sales, against the two police officers suing them after a man the dealer sold a firearm to shot the officers. Even though the man who shot the officers has a background of misdemeanor domestic violence charges against him, as well as schizophrenia with many occasions of delusional behavior, the dealer and agency have immunity because, even if the man who shot the officers committed a felony and was able to do so at least in part because of the dealer and the agency’s actions, they did not commit a felony themselves.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: January 30, 2024, Case #: 2022-0348, Categories: Licensing, Firearms
J. Bassett affirms the termination of parental rights of a mother who committed a felony sexual assault against her older child and injured her. While her younger child was not born yet at the time of the assault and therefore, the mother argues, couldn’t have been injured by it, that argument is irrelevant to the goal of the relevant statutes, which is to protect the children’s health and safety.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: November 14, 2023, Case #: 2022-0257, Categories: Family Law, Guardianship, Assault
J. Bassett affirms a court order determining a mother neglected her son. Even while the mother was not her son’s legal guardian, but a guardianship does not absolve a parent of all parental responsibilities. When her son’s guardian failed to provide safe shelter for her son, the mother had a parental duty to do so.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: November 14, 2023, Case #: 2022-0533, Categories: Family Law, Guardianship
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J. Bassett finds that the lower court improperly granted a maternal grandfather's request for grandparent visitation. A grandparent lacks standing to petition for visitation unless the only condition that led to them seeking visitation is a divorce, death, end of parental rights, or other absence of a nuclear family. In this case, the grandfather's access to his grandchildren was restricted because of conflicts between the grandfather and his daughter prior to her divorce. Reversed.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: September 19, 2023, Case #: 2021-0587, Categories: Family Law, Guardianship
J. Bassett finds that the lower court did not err in ordering the defendant to be involuntarily admitted to the Secure Psychiatric Unit (SPU) of the state prison for three years with a conditional discharge if clinically appropriate. Even if her past attempts at harming others were unsuccessful, she has established that she poses a high likelihood of being dangerous to others in the future, because in the past she created explosive devices and put them in people’s cars and attempted to enter the house of someone she was not allowed to contact as a condition of her bail equipped with hypodermic needles, OxyContin, pliers, a screwdriver and a boxcutter.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: July 13, 2023, Case #: 2021-0525, Categories: Commitment
J. Bassett supports a finding of delinquency against a juvenile defendant for harassment. Even though the defendant and victim only had one encounter, the defendant repeatedly swore at the victim with the intent to annoy or alarm him and sent him over 22 messages within a four-minute span. Even though the communications were over the course of one in-person interaction, that does not prevent the communications from being considered repeated. Affirmed.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: July 13, 2023, Case #: 2021-0560, Categories: Juvenile Law, Harassment
J. Bassett finds an arbitrator's decision that the city wrongfully fired an officer and that the officer is entitled to 26 months of backpay from the city is incorrect. J. Bassett agrees with the city that the arbitrator made a legal error by failing to correctly apply the after-acquired evidence doctrine in determining the amount of the award owed to the officer. Reversed in part.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: June 7, 2023, Case #: 2021-0511, Categories: Arbitration, Employment