Supreme Court of New Hampshire

Lois Stewart v. Seth Bader

August 22, 2006154 N.H. 75

Summary

The court affirmed the judgment awarding the estate compensatory and enhanced compensatory damages for wrongful death and emotional distress. It held that the defendant's murder conviction precluded relitigation of his responsibility for the killing, that his decision not to testify and alleged witness recantation did not defeat the conviction's preclusive effect, and that the trial court properly rejected his procedural and damages challenges. The court also held that the defendant's homestead right was extinguished by his permanent incarceration and the sale of the property.