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Cutting Edge Litigation

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

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-examine the accused in an unfair and misleading manner by asking if prosecution witnesses lied to the jury. State v. Lopez, 156 N.H. 416, 937 A.2d 905 (2007). Read More
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. Read More
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. Read More
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
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
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

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.

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