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NHDefender Blog

Reforms Protect Defendants from Inadmissible Evidence in Court

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
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Categories: Appeals

NH Supreme Court - Landmark Victory for Self-Defense Right

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
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Categories: Appeals

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

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
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Categories: DWI/DUI Defense

Reigning in the 'Community Caretaking' Doctrine

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
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Categories: DWI News

NH Supreme Court - Narrows Scope of Exclusionary Rule

04/22/2008. Court Narrows Scope of the Exclusionary Rule. State v. Joseph Panarello, No. 2007-554 (2008). This decision resolves a classic conundrum regarding the scope of the exclusionary rule. When the police violate someone’s constitutional… Read More
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NH Supreme Court - Drunk Driving Roadblocks Upheld

May 25, 2007. Drunk Driving: Secret Random Stops Upheld. Being a DWI Hunter is tough. You’ve got to hide in darkened parking lots across the street from bars, cruise the highway, and drive all over town, looking for a drunk driver… and ho… Read More
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Categories: DWI/DUI Defense

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