13 results for 'judge:"MacDonald"'.
J. MacDonald opposes the defendant’s challenge of one of his convictions of a pattern of aggravated felonious sexual assault, which alleged that he repeatedly touched the breasts of the victim, who was under 13 years old. While chest isn't always a synonym for breasts, and the victim said the defendant touched her “chest” rather than “breasts,” she said that his touching of her became inappropriate when he touched her chest.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: April 3, 2024, Case #: 2022-0563, Categories: Sex Offender, Assault, Child Victims
J. MacDonald agrees with defendant, who appeals his convictions of aggravated felonious sexual assault and attempted aggravated felonious sexual assault, that the lower court erred in denying his motion for a mistrial. A statement was allowed that suggested there was a second victim, and this was highly prejudicial. Reversed.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: March 26, 2024, Case #: 2022-0728, Categories: Sex Offender, Assault, Child Victims
J. MacDonald reverses the denial of a deceased man’s former cohabitator’s motion for summary judgment against a representative of the decedent’s estate who filed a motion for summary judgment against her which was granted and is now also reversed. The agreements between the decedent and the former cohabitator are enforceable contracts. Reversed.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: January 30, 2024, Case #: 2023-0022, Categories: Trusts, Contract
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J. MacDonald reverses and remands a town’s motion to dismiss a lawsuit brought against it by a police officer who resigned after the town’s Board of Selectmen cut him and other police sergeants out of the police department’s daily operations and subjected him to several internal investigations. The officer was not required to exhaust administrative remedies because he was constructively discharged, not terminated.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: November 15, 2023, Case #: 2022-0500, Categories: Employment, Employment Retaliation, Police Misconduct
J. MacDonald affirms the granting of an individual’s request for records from a city covered by Right-to-Know Law. While some of the emails the individual requested are deleted, they are on backup tapes which are accessible to the city’s IT Department, and the city’s argument that the backup tapes are not accessible to their assessing department is unpersuasive.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: August 18, 2023, Case #: 2022-0237, Categories: Public Record, Discovery, Technology
J. MacDonald finds that a mother who failed to properly address conditions of neglect, such as failing to keep her and her children's home clean by throwing away trash and preventing a fly infestation, should not be her two minor children's legal guardian, but also should not have her parental rights terminated completely. Despite her limitations, the mother and her children still share a bond and it would not be in her children's best interest to be separated from her or their older siblings completely, but rather that her role should be changed from guardian to temporary child support.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: June 29, 2023, Case #: 2022-0543, Categories: Family Law, Negligence, Guardianship
J. MacDonald vacates the superior court's dismissal of an ex-husband's petition to partition and sell he and his ex-wife's marital home. The circuit court, rather than the superior court, had jurisdiction over the petition, as there were several related post-divorce disputes between the former spouses in the circuit court at the time the petition was filed. Vacated.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: May 3, 2023, Case #: 2022-0268, Categories: Family Law, Property, Jurisdiction