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Law Office of Joshua L. Gordon
Appellate Advocacy

Appellate Cases

Following is a list of the 149 appellate cases in which I have been an attorney of record or represented an amicus curiae, listed in reverse chronological order. Not included on the list are those cases in which I was not attorney of record, which have not been accepted for review, for which I ghost-wrote briefs, or in which I have written trial pleadings or done other pre- or non-appellate research.

To view my briefs (links colored red), you will need Adobe Acrobat Reader.

To listen to my oral arguments (links colored blue), you will need a streaming mp3 audio player, such as Winamp.

To see video of my arguments (links colored green), you will need a computer video program.

FEDERAL APPEALS

United States v. Cirino Gonzalez, 1st Cir. No. 2008-2300 (appeal pending). [My Brief]

United States v. Jose Elias Almonte-Gabriel, 1st Cir. No. 2008-1706 (appeal pending) [My Brief]

United States v. Peter St. Croix, 1st. Cir. No. 07-2321 (appeal withdrawn).

United States v. Edward Baez, 1st. Cir. No. 07-1255 (decided by unpublished opinion).

United States v. Edward Daniels, 1st. Cir. No. 06-2736 (appeal withdrawn).

United States v. Renay Durica, 1st. Cir. No. 06-2427 (appeal withdrawn).

United States v. Joseph Monroig, 1st Cir. No. 04-1500 (decided by unpublished opinion), cert. denied, 546 U.S. 1125 (2006) [ My Brief | My Supplemental Brief | Court's Decision | Petition for Writ of Certiorari to U.S. Supreme Court]

United States v. Robert Champagne, 362 F.3d 60 (2004), certiorari granted, judgment vacated, Champagne v. United States, 125 S.Ct. 1025, 160 L.Ed.2d 1009, 73 USLW 3438 (2005). [ My Brief | Circuit Court's Decision | Oral Argument (non streaming) | My Petition for Writ of Certiorari to U.S. Supreme Court | Certiorari Granted / Judgment Vacated | My Supplemental Brief | First Circuit's Post-Booker Order]

United States v. Omay Ford, 1st Cir. No. 02-1574 (decided by unpublished opinion). [ My Brief]

United States v. Percio Reynoso, 336 F.3d 46 (1st Cir. 2003), cert. denied, 540 U.S. 1062, 124 S.Ct. 841, 157 L.Ed.2d 720, 72 USLW 3372. [ My Brief | Court's Decision | My Petition for Writ of Certiorari to U.S. Supreme Court ]

United States v. Gidrano Vasquez, (decided by unpublished opinion), certiorari denied, 540 U.S. 1126, 124 S.Ct. 1093, 157 L.Ed.2d 926, 72 USLW 3448 (2004). [ My Petition for Writ of Certiorari to U.S. Supreme Court ]

Lauren Davis v. Lucent Technologies, Inc., 251 F.3d 227 (1st. Cir. 2001). [ My Brief | Court's Decision ]

United States v. Burgos, 254 F.3d 8 (1st. Cir. 2001), certiorari denied, 534 U.S. 1010, 122 S.Ct. 497, 151 L.Ed.2d 408, 70 USLW 3316. [ My Brief | Court's Decision | My Petition for Writ of Certiorari to U.S. Supreme Court ]

United States v. Camacho, 1st. Cir. No. 98-1865 (decided by unpublished opinion). [ My Brief ]

United States v. Gonzalez, 1st. Cir. No. 98-1697 (appeal withdrawn). [ My Brief ]

United States v. Manzanillo, 1st. Cir. No. 98-1378 (decided by unpublished opinion). [ My Brief ].

United States v. Ben Lin, 206 F.3d 56 (1st. Cir. 2000). [ Court's Decision ]

Public Service Company of New Hampshire v. N.H. Public Utilities Commission, et al., 136 F.3d 197 (1st Cir. 1998). [ Court's Decision # 1) | Court's Decision # 2 ]

United States v. Noah, 130 F.3d. 490 (1st Cir. 1997). [ My Brief | Court's Decision ]

United States v. Pratt, 73 F.3d 450 (1st. Cir. 1996). [ Court's Decision ]

NEW HAMPSHIRE APPEALS

Vinod Jawa v. Martin J. Kenney, Jr., Esq., N.H. Sup. Ct. No 2009-0817 (appeal pending).

In the Matter of James J. Miller and Janet S. Todd, N.H. Sup. Ct. No 2009-0806 (appeal pending). [ My Motion to Reconsider ]

ATV Watch, &a. v. New Hampshire Department of Transporation, N.H. Sup. Ct. No. 2009-0788 (appeal pending). [My Notice of Appeal]

In the Matter of Gregory Ramsay and Kristine Ramsay, N.H. Sup. Ct. No. 2009-0634 (discretionary appeal declined).

In the Matter of Milena Matyas and John Toth, N.H. Sup. Ct. No. 2009-0623 (appeal pending). [ My Brief ]

In the Matter of Roberta L. (Pierce) Scott and James B. Pierce, N.H. Sup. Ct. No. 2009-0520 (appeal pending). [ My Brief ]

State of New Hampshire v. Kerry Kidd, N.H. Sup. Ct. No. 2009-0453 (appeal pending)

In the Matter of John Grimaldi and Jenna Grimaldi, N.H. Sup. Ct. No. 2009-0394 (appeal withdrawn).

In the Matter of Paul Summerville and Sandra L'Heureux, N.H. Sup. Ct. No. 2009-0365 (appeal pending). [ My Brief ]

Canney Brook Land Trust, LLC, R. Craig Williams & Gary Gilmore v. Carl Potvin, N.H. Sup. Ct. No. 2009-0317 (appeal withdrawn).

In the Matter of Kim Kirby and Christopher Kirby, N.H. Sup. Ct. No. 2009-0244 (appeal settled by supreme court during oral argument). [ My Brief | Oral Argument audio ]

In the Matter of Michele Sukerman and Bill Sukerman, N.H. Sup. Ct. No. 2009-0216 (appeal pending). [ My Brief | Oral Argument video | Court's Decision ]

Janet Saunders v. Town of Kingston, N.H. Sup. Ct. No. 2009-0099. [My Notice of Appeal]

Syncom Industries, Inc. v. William Hogan, N.H. Sup. Ct. No. 2009-0071 (appeal pending). [ My Opening Brief | My Answering Brief ]

In re Estate of Kathleen A. Porter, &a, __ N.H. __, __ A.2d. __ (decided Aug. 5, 2009). [ My Brief | Court's Decision ]

In the Matter of Rodney Lucas and Li Lucas, N.H. Sup.Ct. No. 2008-0846 (appeal withdrawn).

In the Matter of Michelle Hopkins and Chet Hopkins, N.H. Sup.Ct. No. 2008-0812 (appeal withdrawn by agreement of the parties).

In the Matter of Jonathan Lutz and Crystal Fonteneau, N.H. Sup. Ct. No. 2008-0795 (decided by unpublished opinion after argument). [ My Brief | Oral Argument video | Court's Decision ]

In the Matter of Virginia Burr and Robert Burr, N.H. Sup. Ct. No. 2008-0777 (decided by unpublished decision). [My Notice of Appeal | My Brief | Oral Argument video | Court's Decision]

Town of Wakefield v. Donald McMullin, N.H. Sup. Ct. No. 2008-0758 (appeal pending). [ My Brief | Oral Argument video]

Rene & Rollande Fauteux, and Great American Ins.Co, Assignee. v. Donald Greenbaum, N.H. Sup. Ct. No. 2008-0633 (appeal withdrawn upon settlement of parties).

Dana Duxbury-Fox v. Eugene Shakhnovich & Marsha Shakhnovich, __ N.H. __, __ A.2d. __ (decided Sept. 18, 2009). [ My Brief | Oral Argument video | Court's Decision ]

Dow v. Town of North Hampton, N.H. Sup. Ct. No. 2008-0387.

Kathleen Wass v. Carolyn Fuller, 158 N.H. 280, 966 A.2d. 1004 (2009). [My Brief | Court's Decision ].

State v. Bobby Dean Freeman, N.H. Sup.Ct. No. 2008-0138 (decided by unpublished opinion after argument). [My Brief | My Reply Brief | Oral Argument video | Court's Decision ]

Matter of Gabriello Gabrielli & Concetta Gabrielli, N.H. Sup.Ct. No. 2008-0106 (decided by unpublished opinion). [My Brief | My Reply Brief]

Mortgage Specialists, Inc. v. Christopher Cyr and Mortgage Partners, Inc., N.H. Sup. Ct. No. 2008-0080.

In re Simon M., N.H. Sup. Ct. No. 2008-0053.

Kristy Sparks v. Kara Larson, N.H. Sup.Ct. No. 2007-0789 (decided by unpublished opinion). [My Brief | Court's Decision]

Matter of Yelena Katalichenko and John Hoffmeier, N.H. Sup. Ct. No. 2007-0774 (decided by unpublished decision). [My Brief]

In re Estate of Edward James Goudreault, N.H. Sup. Ct. No. 2007-0720 (decided by unpublished opinion). [My Brief [My Reply Brief]

State of New Hampshire v. Graham Thomas Jensen (Toll Booth Tokens),158 N.H. 109, 965 A.2d 1126 (2008). [ My Notice of Appeal | My Brief | My Reply Brief | Court's Decision | My Motion for Reconsideration]

Saraswati Mandiram, Inc. &a. v. G&G LLC &a., N.H. Sup. Ct. No. 2007-0572 (decided by unpublished opinion after argument). [My Brief | My Reply Brief | Motion to Stay | Reply to Objection | Oral Argument video | Court's Decision ]

Martha Philbrick, &a. v. Alan Thomas, Sr., N.H. Sup. Ct. No. 2007-0486 (decided by unpublished opinion). [My Brief | Oral Argument video | Court's Decision ]

Nancy Jacovina & James Meyer v. Karen Oldakowski, N.H. Sup. Ct. No. 2007-0449 (appeal withdrawn).

Harold Lassonde, d/b/a Mountain View Construction v. Charles and Susan Stanton, 157 N.H. 582, 956 A.2d 332 (2008). [My Brief | Oral Argument video | Court's Decision]

McNeal &a. v. Robert Lebel d/b/a RML General Contractor & Pullman Modular Industries, 157 N.H. 458, 953 A.2d 396 (2008). [My Brief | Court's Decision]

Matter of David Lafond and Jennifer Lafond, N.H. Sup. Ct. No. 2007-0271 (appeal decided by unpublished opinion). [My Brief | Oral Argument video]

Matter of Christine Dow and James McKenna, N.H. Sup. Ct. No. 2007-0124 (appeal withdrawn).

Bil-Ray Home Improvements & Contracting, &a. v. Carol F. Aloe, N.H. Sup. Ct. No. 2006-0793 (appeal disposed by unpublished decision). [ My Brief ]

Bruce Buchholz &a. v. Waterville Estates Association, 156 N.H. 172, 934 A.2d 511 (2007). [ My Brief | Court's Decision ]

Matter of Mary Lou Flayhan & Ronald Nowe, N.H. Sup. Ct. No. 2006-0318 (appeal withdrawn after settlement by parties). [ My Notice of Appeal ]

State of New Hampshire v. Steve Gubitosi, 157 N.H. 720, 958 A.2d 962 (2008). [ My Notice of Appeal | My Brief | My Reply Brief | Oral Argument video | Court's Decision]

State of New Hampshire v. Lawrence Sleeper, N.H. Sup. Ct. No. 2006-0201 (appeal disposed by order). [ My Brief ]

Lamper &a. v. City of Laconia, N.H. Sup. Ct. No. 2006-0198. [ My Notice of Appeal ]

Scanlan &a. v. Town of Hampton, N.H. Sup. Ct. No. 2006-0171 (appeal decided by unpublished opinion after argument). [ My Notice of Appeal | My Brief | Oral Argument video]

Lawrence Sleeper v. Bruce Cattell, Warden, 155 N.H. 160, 920 A.2d 1200 (2007). [ My Brief | Court's Decision ]

State of New Hampshire v. Jeffrey Pepin, 156 N.H. 269, 940 A.2d 221 (2007). [ My Brief | Oral Argument video | Court's Decision ]

ATV Watch v. New Hampshire Department of Resources & Economic Development, 155 N.H. 434, 923 A.2d 1061 (2007). [ My Brief | My Reply Brief | Oral Argument video | Court's Decision | Superior Court Decision After Remand]

State of New Hampshire v. Richard Cloutier, N.H. Sup. Ct. No. 2005-0754 (appeal disposed by order). [ My Brief | My Reply Brief]

Matter of John M. Maynard and Ingrid I. Maynard, 155 N.H. 630, 930 A.2d 1195 (2007). [ My Brief |Oral Argument video | Court's Decision ]

Matter of Claudia Echavez & Mariello Echavez, N.H. Sup. Ct. No. 2005-0674 (appeal disposed by order). [ My Brief ]

Matter of Sarvela, 154 N.H. 426, 910 A.2d 1214 (2006). [ My Brief | Oral Argument audio | Oral Argument video | Court's Decision ]

State of New Hampshire v. David Vogel, N.H. Sup. Ct. No. 2005-0521 (conviction vacated after briefing). [ My Brief ]

Betty H. Haas Irrevocable Children's Trust v. Board of Selectmen, Town of Gilmanton, N.H. Sup. Ct. No. 2005-0423 (appeal withdrawn).

Matter of Donald L. Bayly & Judith A. Bayly
, N.H. Sup. Ct. No. 2005-0313 (decided by order). [ My Notice of Cross-Appeal | My Brief | Court's Decision ]

Lawrence Sleeper v. Merrimack County Superior Court, N.H. Sup. Ct. No. 2005-0487. [ My Petition for Writ of Habeas Corpus ]

In the Matter of Henry Maheu & Agustina Maheu, N.H. Sup. Ct. No. 2005-0459 (appeal withdrawn after settlement by parties). [ My Notice of Appeal ]

James & Victoria Knight, &a. v. Charles & Mary Teryek, and the Town of Wolfeboro, N.H. Sup. Ct. No. 2005-0059 (decided by order after argument). [ My Brief | Oral Argument | Court's Decision ]

Town of Candia v. Clarence Blevens, Jr., N.H. Sup. Ct. No. 2005-0147 (appeal disposed by order). [ My Notice of Appeal | My Brief | Court's Decision ]

David Robertson v. Leslie Robertson, N.H. Sup. Ct. No. 2005-0148 (appeal withdrawn after decision in related case). [ My Notice of Appeal ]

Syncom Industries, Inc. v. Eldon Wood, &a., 155 N.H. 73, 920 A.2d 1178 (2007). [ My Notice of Appeal | My Brief |Oral Argument audio | Oral Argument video | Court's Decision]

State v. Michael M., N.H. Sup. Ct. No. 2005-0087 (appeal withdrawn).

State v. Seth O'Donnell, N.H. Sup. Ct. No. 2005-0044 (appeal disposed by order). [ My Notice of Appeal | My Brief | Court's Decision ]

Appeal of Save Our Groundwater, 153 N.H. 539, 904 A.2d 582 (2006). [ My Notice of Appeal | SOG's Brief | Court's Decision | SOG's Motion for Reconsideration ]

In re Juvenile 2004-0433, N.H. Sup. Ct. No. 2004-0433 (appeal disposed by order). [ Brief Sealed by Statute | Court's Decision ]

State v. Dominic Rolando, N.H. Sup. Ct. No. 2004-0406 (appeal withdrawn). [ My Notice of Appeal ]

In re Juvenile 2004-0399, N.H. Sup. Ct. No. 2004-0399 (appeal withdrawn after briefing). [ Brief Sealed by Statute ]

In the Matter of Tatjana Donovan and Robert Donovan, 152 N.H. 55, 871 A.2d 30 (2005). [ My Brief | My Reply Brief | My Objection to Motion to Add Late Authority | Oral Argument | Court's Decision]

A&B Lumber Company, LLC v. George & Beverly Vrusho, 151 N.H. 754, 871 A.2d 64 (2005). [ My Brief | My Reply Brief | Oral Argument | Court's Decision ]

Tsionis v. Gary White d/b/a Capital Farms, N.H. Sup. Ct. No. 2004-0137 (appeal withdrawn).

Babchyck & Dorr v. Drake, N.H. Sup. Ct. No. 2004-0111 (decided by order after argument). [ My Brief | Oral Argument | Court's Decision ]

State v. Steve Gubitosi, 152 N.H. 673, 886 A.2d 1029 (2005), subsequent decision, 153 N.H. 79, 888 A.2d 1262 (2005). [ My Brief | Oral Argument | Court's Initial Decision | Court's Subsequent Decision ]

State v. Steve Gubitosi, 151 N.H. 764, 868 A.2d 264 (2005). [ My Brief | Oral Argument | Court's Decision ]

Advanced Polymers, Inc. v. Saber Machine Design Corp. &a., N.H. Sup. Ct. No. 2004-0040 (appeal withdrawn after settlement by parties).

In the Matter of Denise Angley-Cook and John W. Cook, 151 N.H. 257, 855 A.2d 431. [ My Brief | Oral Argument | Court's Decision ]

Boccia, &a. v. City of Portsmouth, &a., 151 N.H. 85, 855 A.2d 516 (2004). [ My Brief | Court's Decision | My Objection to Motion for Reconsideration ]

In the Matter of Stephen MacKinnon and Paula MacKinnon, N.H. Sup. Ct. No. 2003-0194 (appeal withdrawn).

Laurie Auen v. Kenneth Auen, N.H. Sup. Ct. No. 2003-0111 (State confessed error after briefing).

Appeal of Peter McDonough, 149 N.H. 105, 816 A.2d 1022 (2003). [ My Amicus Brief | Court's Decision ]

Marchese d/b/a B&M Knife Sharpening Service v. General Services, Inc., &a., N.H. Sup. Ct. No. 2002-0794 (parties settled after argument).

Petition of the State of New Hampshire (State v. Steven Summa), 150 N.H. 296, 837 A.2d 291 (2003). [ My Brief | Court's Decision ]

Morrissey v. Town of New Boston, N.H. Sup. Ct. No. 2002-0568 (appeal withdrawn).

LaMontagne Builders, Inc. v. Bank of New Hampshire, &a., 150 N.H. 270, 837 A.2d 301 (2003). [ My Brief | Court's Decision ]

In the Matter of Amal Jawa and Vinod K. Jawa, N.H. Sup. Ct. No. 2001-495 (decided by order). [ My Brief | Court's Decision ]

In re Baby Girl P.,147 N.H. 772, 802 A.2d 1192 (2002). [ My Brief | Court's Decision ]

State v. Daniel Boyle, 148 N.H. 306, 807 A.2d 1234 (2002). [ My Brief | Oral Argument (streaming) | Oral Argument (non streaming) | Court's Decision ]

In re Adam M., 148 N.H. 883, 802 A.2d 1218 (2002). [ Court's Decision ]

State v. Jose Marte, N.H. Sup. Ct. No. 2000-547 (appeal mooted).

Appeal of Campaign for Ratepayers Rights & a., 145 N.H. 671, 766 A.2d 702 (2001), cert. denied, 533 U.S. 916, 121 S.Ct. 2521 (2001).  [ CRR's Petition for Appeal | CRR's Brief | CRR's Reply Brief | Court's Decision | CRR's Petition for Writ of Certiorari to U.S. Supreme Court ]

In the Matter of Megan Spencer, N.H. Sup. Ct. No. 2000-120 (decided by order). [ My Brief ]

In the Matter of Gerard F. Cote and Amy L. Miller, N.H. Sup. Ct. No. 2000-146 (decided by order). [ My Notice of Appeal | My Brief | Oral Argument (streaming) | Oral Argument (non streaming) | Court's Decision]

Graham v. Glover, N.H. Sup. Ct. No. 99-764 (decided by order). [ My Brief | Oral Argument (streaming) | Oral Argument (non-streaming) ]

In the Matter of Linda J. Driscoll and William M. Driscoll, N.H. Sup. Ct. No. 99-823 (parties settled). [ My Brief ]

State v. Steven Diamond, 146 N.H.691, 785 A.2d 887 (2001). [ My Brief | My Reply Brief | Oral Argument (streaming) | Oral Argument (non-streaming) | Court's Decision]

State v. Paul Hill, 146 N.H. 568, 781 A.2d 979 (2001). [ My Amicus Brief ]

State v. Dorian Hight, 146 N.H. 746, 781 A.2d 11 (2001). [ My Brief | Oral Argument (streaming) | Oral Argument (non streaming) | Court's Decision ]

Petition of James P. Nadeau, III , No. 99-B-003 (petition granted by order, Oct. 27, 2000). [ My Petition ]

In the Matter of Kenneth Atkins, No. 98-817 (decided by order after argument). [ My Brief | Oral Argument ]

Fischer v. Governor, &a. (Prisoner Voting), 145 N.H. 28, 749 A.2d 321 (2000). [ My Brief | Court's Decision ]

In re Amanda C. and Haley C., No. 98-502 (reversed and remanded by order after argument). [ My Brief ]

In re One Thompson Center Contender Handgun, Serial Number 158312, No. 98-174 (decided by order after argument). [ My Brief ]

Fabich v. Fabich, 144 N.H. 577, 744 A.2d 615 (1999). [ My Brief | Court's Decision ]

Tilton Asso. a/k/a Tilton Plaza Asso., L.P. v. Tilton Variety, Inc., d/b/a Ben Franklin Crafts, No. 99-317 (decided by order after argument). [ My Brief ]

In re Brittany L., 144 N.H. 139, 737 A.2d 670 (1999). [ My Brief | Court's Decision ]

In re NHPUC Statewide Electric Utility Restructuring Plan, 143 N.H 233, 722 A.2d 483 (1998). [ My Brief | Court's Decision ]

In re Baby K., 143 N.H. 201, 722 A.2d 470 (1998). [ My Brief | Court's Decision ]

Glick v. Naess,143 N.H. 172, 722 A.2d 453 (1998). [ My Brief | Court's Decision ]

Haptonstahl v. Haptonstahl, No. 97-329 (decided by order after argument). [ My Brief ]

Opinion of the Justices (School Financing), 142 N.H. 892, 712 A.2d 1080 (1998). [ My Brief | Court's Decision ]

State v. John Wang, No. 97-164 (state confessed error after briefing, decided by order). [ My Brief | My Reply Brief ]

Eaton v. Town of Stoddard, No. 96-815 (decided by order after argument). [ My Brief ]

Appeal of George Fisher, No. 96-729 (decided by order after argument). [ My Brief ]

State v. Gary Kennedy, No. 96-627 (decided by order after argument). [ My Brief ]

Appeal of Campaign for Ratepayers Rights, 142 N.H. 629, 706 A.2d 675 (1998). [ My Brief | My Reply Brief | Court's Decision ]

Guertin v. Max, No. 96-471 (decided by order after argument).

State v. Keith Patch, 142 N.H. 453, 702 A.2d 1278 (1997). [ My Brief | Court's Decision ]

Mosher v. Portsmouth Mobile Homes, Inc., No. 96-141 (decided by order after argument). [ My Brief ] [ My Reply Brief ]

Gurliaccio v. Griffin, &a., No. 96-191 (decided by order after argument).

State v. Zeta-Chi Fraternity, 142 N.H. 16, 696 A.2d 530 (1997), cert. denied, ___ U.S. ___, 118 S.Ct. 558. [ My Brief | Court's Decision | My Petition for Writ of Certiorari to U.S. Supreme Court ]

Huguelet v. Allstate Ins. Co., 141 N.H. 777 (1997). [ Court's Decision ]

Scarponi v. Provident Life & Accident Ins. Co., No. 95-727 (decided by order after argument). [ My Brief ]

Sheil-Friedline v. Friedline, No. 94-798 (decided by order after argument), cert. denied, Friedline v. N.H. Dept. of Health & Human Services, Office of Child Support, ___ U.S. ___, 117 S. Ct. 57 (1996). [ My Brief | My Petition for Certiorari to U.S. Supreme Court ]

State v. Jean , No. 95-385, recommendation of judicial referee panel approved, Nov. 7, 1996, 7 N.H. Bar News, Dec. 4, 1996, at 21.

Quilty v. Marino, No. 95-252 (decided by order after argument). [ My Brief ]

Appeal of Public Service Co. of New Hampshire, 141 N.H. 13, 676 A.2d 101 (1996). [ My Brief | Court's Decision ]

Knowles v. Warden, N.H. State Prison, 140 N.H. 387, 666 A.2d 972 (1995). [ My Brief | Court's Decision ]

Appeal of Campaign for Ratepayers Rights, 137 N.H. 707, 634 A.2d 1345 (1993). [ My Brief | Court's Decision ]

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