NH Supreme Court - Limits Prosecutor's Cross-Examination of Accused

September 18th, 2012
11/09/2007. Court Condemns Prosecutor’s Cross-Examination Technique. Have you ever seen a prosecutor torment the accused on the stand by cross-examining him with respect to every instance in which his testimony disagrees with that of other witn… Read More

NH Supreme Court - Double Jeopardy and the Iraq War

September 18th, 2012
In State v. Solomon, 943 A.2d 819 (Mar. 20, 2008), Attorney Ted Lothstein persuaded the New Hampshire Supreme Court that the trial court violated Solomon’s right against double jeopardy under the New Hampshire Constitution by attempting, withou… Read More

Right of Confrontation Triumphs in NH Supreme Court

September 18th, 2012
03/14/2008. No Cross-Examination on Prior False Accusation = New Trial! Today, in an appeal briefed and argued by appeals Attorney Ted Lothstein, the New Hampshire Supreme Court reversed an aggravated felonious sexual assault conviction because of th… Read More

NH Supreme Court- Landmark First Amendment Victory

September 18th, 2012
01/18/2008. Landmark Victory for Privacy and the First Amendment. In State v. Zidel, 940 A.2d. 255 (Jan. 18, 2008), Theodore Lothstein won a landmark victory for the First Amendment … and won his client’s appeal, erasing his felony convic… Read More

Defense Attorney Helps Reverse Consolidation of Charges

September 18th, 2012
11/30/2007. 4 Drug Sales, 4 Trials. When can separate charges against the same defendant be consolidated into a single jury trial? The Hillsborough County Grand Jury indicted Brown for selling drugs to two confidential informants on four separate dat… Read More

NH Supreme Court - illegal Sentences

September 18th, 2012
New Hampshire Supreme Court. Maximum Jail Sentence, and Maximum Fine, PLUS Probation = Illegal Sentence. The State accused Hancock of urinating on a probation officer, charged as a misdemeanor due to a prosecutorial mistake in drafting the charge. Th… Read More

Reforms Protect Defendants from Inadmissible Evidence in Court

September 18th, 2012
12/19/2006. Court Reforms the Opening-the-Door Doctrine. In State v. Donald Morrill, N.H. (2006), a case briefed and argued by Ted Lothstein, the Court overruled long-standing precedent and eliminated its “opening-the-door” doctrine. In i… Read More

NH Supreme Court - Landmark Victory for Self-Defense Right

September 18th, 2012
11/20/2006. Court Reverses Manslaughter Conviction Because Defendant Had Right to Claim Self-Defense. In State v. Ethan Vassar, 154 N.H. 370 (2006), in an appeal briefed and argued by Theodore Lothstein, the New Hampshire Supreme Court reversed a pro… Read More

NH Supreme Court - Right against Self-Incrimination - Shield Against Elevated Penalties at DWI Sentencing

September 18th, 2012
NH Supreme Court: Right Against Self-Incrimination Applies at Sentencing Hearings, Not Just Trials. Here’s a familiar scenario: Prosecutor thinks DWI defendant has no prior DWI convictions. Client, and attorney through attorney-client privilege… Read More

Reigning in the 'Community Caretaking' Doctrine

September 18th, 2012
May 10, 2007. Reigning in the ‘Community Caretaking’ Doctrine. In an appeal briefed and argued by NH DWI defense lawyer Theodore Lothstein, the Court held that the stop of the defendant’s vehicle and all evidence derived therefrom &… Read More