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NHDefender Blog
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…
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Categories: Appeals
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…
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Categories: DWI/DUI Defense
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 &…
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Categories: DWI News
NH Supreme Court - Narrows Scope of Exclusionary Rule
September 18th, 2012
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…
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Categories: NH State Constitution
NH Supreme Court - Drunk Driving Roadblocks Upheld
September 18th, 2012
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…
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Categories: DWI/DUI Defense
