New Hampshire appeals attorneys Ted Lothstein and Richard Guerriero have litigated over 100 appeals in the New Hampshire Supreme Court, United States Court of Appeals, and even the United States Supreme Court.

But that’s not all.

Richard Guerriero received national attention as one of New Hampshire’s few attorneys to have argued a case in the United States Supreme Court. Perry v. New Hampshire, 132 S.Ct. 716 (2012).

Ted Lothstein’s cases have set a number of important precedents, cases that will be cited by New Hampshire appeal attorneys and lawyers for decades to come. His appeals have been reported in national legal reporters including the Bureau of National Affair’s Criminal Law Reporter, and the Bureau of National Affair’s White Collar Crime Reporter. Read about this cutting edge litigation.

Appeals case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

New Trial and Dismissal for Wrongfully-Accused Therapist

We obtained a new trial on appeal, and ultimately a dismissal of charges, for an esteemed therapist who had been wrongfully accused and convicted of sexual assault on a patient. Read More

New Trial, then Dismissal, for Therapist Wrongfully Accused

10/12/2018: In 2018, and perhaps on of our greatest victories, we won an appeal granting a new trial to a beloved and esteemed therapist wrongfully accused of sexual assault by a client. On October 12, 2018, the New Hampshire Supreme Court upheld a critical victory we had already won in th… Read More

Possession of Drugs with Intent to Sell / Manufacturing Marijuana — Convictions Reversed

In State v. Stephen Socci, No. 2013-182, a decision released on July 8, 2014, the Court held that police officers and state troopers with the Rockingham County Drug Task Force, Kingston Police Department, and Rockingham County Sheriff Department violated Mr. Socci’s Fourth Amendment righ… Read More

Multiple Felony Convictions Vacated

In State v. Charles Glenn, a published opinion decided December 10, 2014, the New Hampshire Supreme Court vacated a number of serious felony convictions arising out of the retrial after a hung jury, because the prosecution did not bring the charges in a timely fashion. In the first jury tr… Read More

Vehicular Manslaughter and Vehicular Negligent Homicide — Convictions Reversed

On April 8, 2009, in a landmark decision, the NH Supreme Court reversed convictions arising out of a tragic automobile accident, because the evidence failed to establish that the victim was born alive. Right Vindicated: Although a very close case, here the prosecution failed to Prove Guilt… Read More

Misdemeanor Sexual Assault — Jury Verdict Reversed

On November 3, 2009, the Court summarily reversed a jury verdict from the Hillsborough Superior Court North in Manchester for sexual assault. The Court held that the assistant county attorney’s prosecutorial misconduct during closing argument violated the accused’s right to a fair tria… Read More

Aggravated Felonious Sexual Assault — Conviction Reversed

In 2008, Ted Lothstein won a reversal on appeal where the accused was charged with Aggravated Felonious Sexual Assault (alleged sexual assault of an adult), and the trial judge in Merrimack County Superior Court refused to allow cross-examination of the complainant regarding her prior fals… Read More

Manslaughter — Conviction Reversed

The defendant — accused of shooting the unarmed victim five times — faced homicide charges for shooting his brother after his brother had gone on a rampage in the family home, destroying property, bullying their mother and threatening to kill not only his family, but any police officer… Read More

Assault Conviction Overturned

Simple Assault – alleged Domestic Assault. Right Vindicated: The Double Jeopardy Right – the principle that the government cannot try and re-try the accused in forum after forum until it gets the verdict it wants. Read Ted’s Brief on Appeal Read the Court’s Decision Overturning… Read More

Multiple Drug Sale Convictions Overturned

Narcotics Distribution – Sale of Cocaine. Multiple drug sale convictions overturned on appeal Right Vindicated: Fair Trial – Requiring Severance (separate trials) of 4 drug sales Read the Court’s Decision Overturning the Conviction. State v. Sean Brown, 156 N.H. 440, 938 A.2d 909 (20… Read More

Possession of Child Pornography Conviction Violated First Amendment

Possession of Child Pornography – court holds prosecution of accused for “collaged” images violated First Amendment. In this landmark First Amendment decision, the first of its kind in the United States, the Court held that the government could not prosecute a man for the “thou… Read More

Robbery and First Degree Assault — Convictions Reversed

On June 9, 2009, in an appeal briefed by Ted Lothstein, the Court reversed these serious felony convictions because the Manchester Police went into the accused’s home without getting a warrant from a judge. “The search of a home is subject to a particularly stringent warrant requiremen… Read More

Aggravated Felonious Sexual Assault — Convictions Overturned

Aggravated felonious sexual assault (alleged sexual assault of a child) convictions reversed. Right Vindicated: Court reverses convictions based on Attorney Lothstein’s argument that erroneous decision to admit prejudicial prosecution evidence deprived accused of a fair trial. Read Ted Read More

Conviction for Issuing Bad Checks Overturned

Right Vindicated: Writing Check on Empty Bank Account is Not Necessarily a Crime. Read Ted’s Brief on Appeal Read the Court’s Decision Overturning the Conviction. State v. John Reed Stewart,154 N.H. 678, 921 A.2d 933 (2007). Read More

Just Trials for Defendants Accused of White Collar Crime

The Court agreed with Ted Lothstein that it would be unfair and prejudicial to combine into one jury trial, 15 separate instances of alleged fraud perpetrated by a substance abuse center. Ted’s victory on appeal made the national White Collar Crime Reporter and cemented his reputation as… Read More

Operating after Certification as a Habitual Offender — Conviction Overturned

Right Vindicated: Fair Trial – Jury’s Option to Convict on Less Serious Offense Read the Court’s Decision Overturning the Conviction. State v. Clyde Gauntt,154 N.H. 204, 908 A.2d 771 (2006). Read More

Operating with a Suspended or Revoked License — Conviction Overturned

The Court held a local police chief broke the law when he stopped a driver who drove through deep water in the road during a flood. Right Vindicated: To be Free of Unreasonable Searches and Seizures. Read Ted’s Brief on Appeal. Read the Court’s Decision Overturning the Conviction. Stat… Read More

Conviction for Felony Fraud Overturned

Conviction: Felony Fraud committed against a nursing home. Read the Court’s Decision Overturning the Conviction. State v. Huffman, 154 N.H. 678, 918 A.2d 1279 (2007). Read More

Cutting Edge Litigation on Prosecutorial Misconduct

The prosecutor may not vouch for police officer’s credibility by arguing that if police officers lied, they would lose their jobs. News of this decision was published in the Criminal Law Reporter. State v. William Mussey, 153 N.H. 272, 893 A.2d 701 (2006). Prosecutor may not cross-examin… Read More

Cutting Edge Litigation on Evidence Law

In State v. Morrill, 154 N.H. 547, 914 A.2d 1206 (2006), the Court reformed the “opening-the-door” doctrine, which had been much abused by trial courts. The purpose of this doctrine is to ensure that both sides get a fair trial and neither exploits the rules to mislead the jury. Howeve… Read More

Cutting Edge Litigation on The Right Against Double Jeopardy

In State v. Ernest Solomon, 156 N.H. _, 943 A.2d 819 (2008), for the first time in any American court, the NH Supreme Court held that the accused’s right to be free of double jeopardy was violated when, in the middle of his trial, his trial judge departed for military duty overseas and a… Read More

Cutting Edge Litigation on First Amendment Law

In State v. Marshall Zidel, 156 N.H. 684, 940 A.2d 255 (2008), the NH Supreme Court became the first in the nation to hold that a prosecution for child pornography for “collaged” images violated the accused’s free speech and privacy rights. Read More

Cutting Edge Litigation on Self-Defense

In State v. Ethan Vassar, 154 N.H. 370 (2006), for the first time, Court held that defendant accused of assault may introduce the ‘victim’s’ prior violent acts to bolster accused’s self-defense claim. Read More

Cutting Edge Litigation on Sentencing Law

The prosecutor wanted to use the trial court’s Contempt power to put probationer in jail even after he finished the maximum sentence under law. The Court said no. State v. Hancock, 156 N.H. 301, 934 A.2d 551 (2007). Read More

Supreme Court Throws Out Evidence Found in Warrantless 'Inventory Search'

In State v. Newcomb, 161 N.H. 666 (2011), an appeal won by Ted Lothstein, the New Hampshire Supreme Court reversed a lower court’s order upholding the warrantless search of the locked cargo area of a rented U-Haul truck. The Kensington Police had arrested the U-Haul driver for crimin… Read More

NH Supreme Court Recognizes Same-Sex Adultery as Grounds for Divorce

On April 1, 2021, we won a major victory in the NH Supreme Court that made the national news, receiving coverage in the ABA Journal, NH Public Radio, the Union Leader newspaper, and elsewhere. In In re Blaisdell, decided on April 1, the New Hampshire Supreme Court overturned prior preceden… Read More

Victory on Appeal: Cruelty to Animals Conviction Reversed on Appeal

On March 30, 2023, in State v. Tufano, a case briefed and orally argued by Ted Lothstein, the NH Supreme Court reversed a conviction for cruelty to animals arising out of a very unusual fact pattern. The accused was seen by neighbors in a manufactured home park spraying water into a large… Read More

It’s important for appeal attorneys in New Hampshire to be honest with the public about the reality of the criminal process. All appellate attorneys, regardless of reputation or skill, lose more cases than they win. New Hampshire’s Superior Court has a great roster of judges who generally provide both sides a fair trial, leaving few errors to be corrected on appeal — and because no trial is error-free, the mere existence of error does not mean you get a new trial.

But would you rather have a lawyer who says he or she can win your case, or an NH appeals attorney with a proven track record of actually winning high-profile cases?