Following a final hearing, the Merrimack District Court (Kinghorn, J.) denied the domestic violence petition. DCYF screened out, or dismissed, the complaint because the pediatrician had found no evidence of abuse. The pediatrician reported Tapply s allegations to the New Hampshire Division for Children, Youth & Families (DCYF), but did not make a determination of sexual assault. had experienced redness around his penis that may have been indicative of sexual abuse by Zukatis. to his pediatrician, informed the doctor that Zukatis was a convicted sex offender, and reported her concern that six to nine months earlier, Z.Z. The basis for her petition was that on July 7, 2005, Tapply brought Z.Z. On July 8, 2005, Tapply filed a domestic violence petition against Zukatis and obtained a temporary restraining order preventing Zukatis from having contact with her or Z.Z. Tapply and Zukatis dated on and off until 2005 when they ended their relationship. Zukatis was also required to register as a sex offender in Massachusetts. He was ordered to enter a substance abuse treatment program, to continue in counseling, and was prohibited from having any contact with the victim, who at the time was his girlfriend. He served eight months in jail and also received a deferred sentence and probation.
Tapply was aware that in 2000, Zukatis had pleaded guilty to charges of aggravated felonious sexual assault in New Hampshire, and kidnapping, indecent assault and battery, assault and battery, and unauthorized use of a motor vehicle in Massachusetts.
is a special needs student with Pervasive Developmental Disorder, an autism spectrum condition, and Attention Deficit Hyperactivity Disorder. Tapply became pregnant shortly after the relationship began and their son, Z.Z., was born in 2004. In June 2003, Tapply and Zukatis met in Hudson and began dating. We begin with a recitation of the facts taken from hearing transcripts and court orders.
#Error in taply trial
The sole issue on appeal is whether the trial judge, who presided over this prolonged, contentious dispute concerning the parenting rights of the respondent, Benjamin Zukatis, erred by not granting Tapply s repeated requests to recuse himself. The petitioner, Erica Tapply, appeals an order of the Trial Court (Lynn, C.J.) denying her motion for judicial disqualification. Bush on the brief and orally), for the respondent. Wilson, Bush, Durkin, & Keefe, P.C., of Nashua (Timothy E. Stearns, of Andover, by brief and orally, for the petitioner. 2010-263 IN THE MATTER OF ERICA TAPPLY AND BENJAMIN ZUKATIS Argued: ApOpinion Issued: AugKatherine B. THE SUPREME COURT OF NEW HAMPSHIRE _ Hillsborough-southern judicial district No. The direct address of the court's home page is. Errors may be reported by E-mail at the following address: Opinions are available on the Internet by 9:00 a.m. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. > tapply(baseball.example$batting.average, baseball.example$team,Ġ.3784396 0.3012680 0.3488655 0.2962828 0.NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. > tapply(medical.example$age, medical.example$treatment, mean)
> # tapply(Summary Variable, Group Variable, Function) Then, actual calls to the function using the data we defined above are shown. In general, the call to the function will look like the example in the first comment. > baseball.example summary(baseball.example) > medical.example summary(medical.example)ġst Qu.: 25.75 1st Qu.: 54.31 Control :50 The tapply function can solve both of these problems for us! The following table summarizes the situation. Within each group, we want to apply a function In the second example, we want to break up the dataset into 30 groups, one for each MLB team, and then compute the maximum batting average within each group.Ī dataset that can be broken up into groups We want to break up the dataset into two groups, treatment and control, and then compute the sample average for age within each group.
In the first example, we have a dataset from a medical trial. These two examples have a lot in common, even if they don’t appear to when first reading. When you read the results of a medical trial, you will see things such as “The average age of subjects in this trial was 55 years in the treatment group, and 54 years in the control group.”Īs another example, let’s look at one from the world of baseball. These summaries might be as simple as an average, or more complex. In statistics, one of the most basic activities we do is computing summaries of variables.
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