Ted Lothstein’s cases in the appeals area of New Hampshire law have established important, groundbreaking law, in the areas of:
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. However, in this case as in many others, the trial judge used the doctrine to inject prejudice into the trial rather than alleviating prejudice. Based on Ted Lothstein’s arguments on appeal, the Court took what had little more than a label or mantra — “opening the door” — and transformed it into a carefully defined and limited doctrine. As a result, the Court reversed Mr. Morrill’s conviction for aggravated felonious sexual assault, and granted him a new trial.
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 another judge declared a mistrial with intention to begin the trial anew.
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.