Ted Lothstein’s cases in the appeals area of New Hampshire law have established important, groundbreaking law, in the areas of:

New Trial, then Dismissal, for Therapist Wrongfully Accused
10/12/2018: In 2018, and perhaps on of our greatest victories, we won an appeal granting a new trial to a beloved and esteemed therapist wrongfully accused of sexual assault by a client. On October 12, 2018, the New Hampshire Supreme Court upheld a critical victory we had already won in th… Read More
Cutting Edge Litigation on Prosecutorial Misconduct
The prosecutor may not vouch for police officer’s credibility by arguing that if police officers lied, they would lose their jobs. News of this decision was published in the Criminal Law Reporter. State v. William Mussey, 153 N.H. 272, 893 A.2d 701 (2006). Prosecutor may not cross-examin… Read More
Cutting Edge Litigation on Evidence Law
In State v. Morrill, 154 N.H. 547, 914 A.2d 1206 (2006), the Court reformed the “opening-the-door” doctrine, which had been much abused by trial courts. The purpose of this doctrine is to ensure that both sides get a fair trial and neither exploits the rules to mislead the jury. Howeve… Read More
Cutting Edge Litigation on The Right Against Double Jeopardy
In State v. Ernest Solomon, 156 N.H. _, 943 A.2d 819 (2008), for the first time in any American court, the NH Supreme Court held that the accused’s right to be free of double jeopardy was violated when, in the middle of his trial, his trial judge departed for military duty overseas and a… Read More
Cutting Edge Litigation on First Amendment Law
In State v. Marshall Zidel, 156 N.H. 684, 940 A.2d 255 (2008), the NH Supreme Court became the first in the nation to hold that a prosecution for child pornography for “collaged” images violated the accused’s free speech and privacy rights. Read More
Cutting Edge Litigation on Self-Defense
In State v. Ethan Vassar, 154 N.H. 370 (2006), for the first time, Court held that defendant accused of assault may introduce the ‘victim’s’ prior violent acts to bolster accused’s self-defense claim. Read More
Cutting Edge Litigation on Sentencing Law
The prosecutor wanted to use the trial court’s Contempt power to put probationer in jail even after he finished the maximum sentence under law. The Court said no. State v. Hancock, 156 N.H. 301, 934 A.2d 551 (2007). Read More
NH Supreme Court Recognizes Same-Sex Adultery as Grounds for Divorce
On April 1, 2021, we won a major victory in the NH Supreme Court that made the national news, receiving coverage in the ABA Journal, NH Public Radio, the Union Leader newspaper, and elsewhere. In In re Blaisdell, decided on April 1, the New Hampshire Supreme Court overturned prior preceden… Read More

Appeals case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.