NHDefender Blog

11/30/2007. 4 Drug Sales, 4 Trials. When can separate charges against the same defendant be consolidated into a single jury trial? The Hillsborough County Grand Jury indicted Brown for selling drugs to two confidential informants on four separate dat… Read More

New Hampshire Supreme Court. Maximum Jail Sentence, and Maximum Fine, PLUS Probation = Illegal Sentence. The State accused Hancock of urinating on a probation officer, charged as a misdemeanor due to a prosecutorial mistake in drafting the charge. Th… Read More

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

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

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

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

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