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20 Years in Prison for DWI?
October 25th, 2016
Texas Repeat Offenders Need Uber An ABC television affiliate in Upshur County, Texas reports this week that a 53-year old man was sentenced to 20 years in prison for his 4th DWI. Yes, 20 years in prison for a DWI that did not involve a traffic accide…
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NH Supreme Court oral argument coverage
October 22nd, 2016
Last week, Richard Guerriero was before the New Hampshire Supreme Court, presenting oral argument in an appeal from a jury’s guilty verdicts of reckless second degree murder, assault by prisoner and falsifying physical evidence. You can click t…
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Three Day Jury Trial Ends in Not Guilty Verdicts on all Counts.
April 14th, 2016
Ted Lothstein Wins Not Guilty Verdicts We are thrilled to report that on Wednesday, April 13, 2016, as published in this morning’s Monadnock Ledger newspaper, Jess Burt was found not guilty by jury of all charges pending against her. Background…
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Victim of Over-Militarized Police Strikes Back
February 11th, 2016
The Tragic Death of an Innocent Man Eurie A. Stamps was an innocent, 68-year old man living in a Framingham, Massachusetts home also occupied by suspected drug dealers. On January 5, 2011, he was in his pajamas, watching a basketball game on TV. A SW…
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Firm News - Jury Trial ends in Acquittal
December 11th, 2015
This week, Richard and I tried a three-day Negligent Homicide jury trial in Hillsborough-South Superior Court. On Wednesday, after one hour deliberation, the jury came back NOT GUILTY. State Originally Charged Client with Manslaughter When this case…
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First Circuit Affirms Drug Convictions
November 8th, 2015
Boston Court Issues Published Decision in Case Handled by Lothstein Guerriero, PLLC On November, 4, 2015, the First Circuit Court of Appeals in Boston issued a published decision in an appeal handled by Ted Lothstein, United States v. Sean Brown, No.…
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1st Circuit: Sentencing Judge Can Sentence Based on Facts in PSR
October 5th, 2015
An important new 1st Circuit decision reminds us that the lawyer’s duty to object to inadmissible material can be just as important during sentencing, as at trial. Luis Cirilo pled guilty to unlawful firearm possession, pursuant to a plea agree…
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Supreme Court Strikes Down Part of Career Criminal Sentencing Law
June 28th, 2015
On Friday, June 26, 2015, in a decision entitled Johnson v. United States, the United States Supreme Court struck down the ‘residual clause’ of the Armed Career Criminals Act. This federal law elevates the sentence for a an illegal gun co…
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When to Bring an Ineffective Assistance of Counsel Claim
June 3rd, 2015
Can an ineffective assistance of counsel claim be brought on direct appeal? Last week, the First Circuit Court of Appeals overturned a conviction on “direct appeal”, because the defendant’s criminal defense attorney provided “…
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US Supreme Court Says No to Suspicionless Detentions
April 21st, 2015
In an important decision today, a 6-3 majority of the United States Supreme Court held that a police officer must release a motorist after the officer has resolved the underlying purpose of the motor vehicle stop. Rodriguez v. United States (US Supre…
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