NHDefender Blog

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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Drug Convictions Reversed due to Trial Judge's Biased Comments

The Case and Ruling In late December, in United States v. Raymundi-Hernandez, the 1st Circuit Court reversed not only Mr. Raymundi-Hernandez’s conviction for narcotics trafficking, but convictions of three other codefendants / alleged coconspir… 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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Its a crime to Refuse to Hand an Officer Your License on Request

In a November 19, 2020 decision, State v. Shaw, the NH Supreme Court ruled that a driver commits the crime of Disobeying a Police Officer if police officer asks for license and registration, and driver holds up the license to the window but refuses t… Read More
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Landmark Racial Profiling Decision from MA Supreme Judicial Court

Yesterday, September 17, 2020, the Massachusetts Supreme Judicial Court (highest court in MA) released a landmark decision that enables victims of racial profiling to hold police officers accountable in court by suppressing evidence obtained as a res… Read More
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End Qualified Immunity and Hold Police Officers Accountable

Are Police Held Accountable for Misconduct? What is the proper role of police in our society? Most people believe that we employ police officers to help the criminal justice system hold people accountable when they break the law. But it feels like ev… Read More
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Ted Lothstein is Chair and Faculty Member for NH Bar's DWI Litigation Seminar

On April 8, 2020, Ted Lothstein will be chairperson and faculty member for the NH Bar’s full day seminar DWI Litigation: Back to Basics. Although marketed as an introductory seminar for both prosecutors and defense lawyers, this CLE will presen… Read More
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BakerHostetler Partner Turns His Back on Justice

OK, that’s not exactly what the BakerHostetler partner allegedly did during a deposition. But I choose not to print it here. Let’s just say that when the firm assigns lawyers to conduct depositions in the future, this lawyer may be bringi… 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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