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Appellate Decision of the Month - "Message Received!"

The Recent 101 Ocean Blvd v. Foy Decision In 101 Ocean Blvd v. Foy, decided on March 19, 2021, the New Hampshire Supreme Court addressed a frequently recurring appellate issue: An attorney that made an improper “send a message” argument to the ju… Read More
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Categories: Appeals

Mass. Appeals Ct Suppresses Evidence from Pretextual Vehicle Stop

In Commonwealth v. Lek, the Massachusetts Appeals Court issued a major decision earlier this month that curtails the ability of the police to make pretextual stops, find a reason to arrest the driver, and then search his car. Surprise! – Pretex… Read More
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2020- Year in Review for the Criminal Justice System

The January 20, 2021 issue of the New Hampshire Bar News printed excerpts from an article that Kaylee Doty and I wrote, “The Criminal Justice System in 2020 – A Year Like No Other”. You can read the excerpted article in the newspape… Read More
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Cutting Edge Privacy Case Argued before NH's High Court

Today, Ted Lothstein presented oral argument to the New Hampshire Supreme Court in a case that implicates several cutting edge issues, including the scope of a new and potentially far-reaching amendment to the State Constitution that safeguards peopl… Read More
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Appellate Advocacy Seminar Wins High Marks from Attendees

The Seminar On October 31, 2019, Ted Lothstein was co-chair, along with fellow appellate lawyer Doreen Connor, of an all-day seminar presented by the NH Bar Association’s CLE Committee: Appellate Advocacy. 76 lawyers attended this seminar. The… Read More
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Sentence Reduction Under 3582c1A for Extraordinary and Compelling Reasons

U.S. v. Urkevich order, 03-cr-00037, Nebraska District Court, link to the order here: Urkevick order c1A Read More
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Our victory profiled in the New Republic magazine

The Victory on Appeal In October, I posted about our victory on appeal in the Afshar case, based on the misconduct of a biased juror. After a therapist was convicted by juror of assaulting a young patient in his office, he hired our firm, we conducte… Read More
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Victory on Appeal, and Dismissal, for Therapist Wrongfully Accused

In our most recent and perhaps our greatest victory, we won an appeal granting a new trial to a beloved and esteemed therapist wrongfully accused of sexual assault by a client. The Decision by the New Hampshire Supreme Court On October 12, 2018, the… Read More
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NH Supreme Court Argument Makes Front Page

On June 27, an oral argument in one of our appeals received widespread coverage in the news – front page of the Concord Monitor, Union Leader, and WMUR. The Oral Argument and Lower Court Ruling In an oral argument before all five Justices of th… Read More
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Federal Court Reverses Drug Convictions -Prosecutorial Misconduct

The Court’s Ruling On February 3d, 2017, the First Circuit Court of Appeals in Boston reversed felony drug convictions for conspiracy to smuggle cocaine from Puerto Rico to the continental United States, because of the prosecutor’s improp… Read More
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