Appeals - Civil and Criminal
Ted Lothstein and Richard Guerriero, highly experienced New Hampshire appeals lawyers, have litigated over 100 appeals in the New Hampshire Supreme Court, United States Court of Appeals, and even the United States Supreme Court, the highest Court in the land. Most recent published victory on appeal? March 30, 2023.
A simple Westlaw search shows that these lawyers’ appellate litigation efforts have resulted in no less than 78 published opinions in the New Hampshire Supreme Court, a level of experience matched by very few appeal attorneys in New Hampshire.
Richard Guerriero recently received national attention in the New York Times as one of New Hampshire’s few attorneys to have argued a case in the United States Supreme Court. Perry v. New Hampshire, 132 S.Ct. 716 (2012).
Featured Victories on Appeal
10/12/2018: In our most recent and perhaps our greatest victory, 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 the Superior Court - a victory that freed a therapist from prison who had been wrongfully accused of sexual assault by a client, and cleared his name. The Court held that the Superior Court was right to vacate the jury verdicts and sentences, and grant a new trial, for the therapist because juror bias infected the proceedings, resulting in an unfair trial. On October 17, 2018, the Merrimack County Attorney's Office issued a press release, announcing the State would not bring the case to trial again. Instead, the State dismissed the charges. Read More about Dr. Afshar's Case Read More
In State v. Stephen Socci, No. 2013-182, a decision released on July 8, 2014, the Court held that police officers and state troopers with the Rockingham County Drug Task Force, Kingston Police Department, and Rockingham County Sheriff Department violated Mr. Socci’s Fourth Amendment right to be free of unreasonable searches and seizures.The officers had marched onto his property without a search warrant, and searched around his garage, finding evidence that he was growing marijuana in the garage.The trial court held that the police did not violate Mr. Socci’s constitutional rights, and upheld the search, causing Mr. Socci to be convicted of two felonies.The Court reversed both felony convictions and remanded for further hearing.Right Vindicated: This case is a huge vindication for the fundamental right of people to be left alone, free of intrusion by the government, on their own property.It’s also Ted Lothstein’s 15th win in the NH Supreme Court!Read the Court’s Opinion in State v. Socci.Read the Appellant brief in State v. Socci. It’s the first brief filed by the Lothstein Guerriero, PLLC firm and our first brief to incorporate color photographs, bringing our firm’s appellate litigation into the 21st century. Read More
In State v. Charles Glenn, a published opinion decided December 10, 2014, the New Hampshire Supreme Court vacated a number of serious felony convictions arising out of the retrial after a hung jury, because the prosecution did not bring the charges in a timely fashion.In the first jury trial, the State charged Glenn only with first degree murder (acquitted) and second degree murder, which resulted in a hung jury. Before the second jury trial, the State added five more felony charges: Criminal Threatening, Attempted Armed Robbery, Felon in Possession of a Firearm, and two counts Falsification of Physical Evidence. The second jury convicted Glenn on all charges.The Court vacated all of the convictions, except for second degree murder. The Court held that the doctrine of mandatory joinder requires the prosecution to join all charges from the beginning of the prosecution.As you can see from the Court’s opinion, this ruling cut Glenn’s sentence by 10 years. Read the Court’s opinion in State v. Glenn (N.H. Dec. 10, 2014). Read More
See More of Our Clients' Victories on Appeal
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When to Hire an NH Appeals Lawyer
We handle civil appeals, including appeals from family courts, divorce proceedings, and arising out of civil litigation.
As for criminal appeals: Have you, a friend or loved one been convicted of one of the crimes on the following list? Appeals attorneys Ted Lothstein and Richard Guerriero have won victories on appeal – new trials or even, in some instances, a complete dismissal of charges – for clients charged with the following:
- Possession of Drugs with Intent to Distribute / Manufacturing Marijuana
- Vehicular Manslaughter and Vehicular Negligent Homicide
- Felony Fraud
- White Collar Crime
- Aggravated Felonious Sexual Assault
- Misdemeanor Sexual Assault
- Drug / Narcotics Distribution
- First Degree Assault
- Possession of Child Pornography
- Issuing Bad Checks
- Operating after Certification as an Habitual Offender
- Operating with a Suspended License
- Attempted Armed Robbery
- Falsification of Physical Evidence
- Felon in Possession of a Firearm
- Criminal Threatening
Contact a New Hampshire Appellate Lawyer Who Can Make a Difference
It’s important for appeal attorneys in New Hampshire to be honest with the public about the reality of the criminal process. All appellate attorneys, regardless of reputation or skill, lose more cases than they win. New Hampshire’s Superior Court has a great roster of judges who generally provide both sides a fair trial, leaving few errors to be corrected on appeal — and because no trial is error-free, the mere existence of error does not mean you get a new trial.
But would you rather have a lawyer who says he or she can win your case, or an NH appeals attorney with a proven track record of actually winning high-profile cases?
The offices of Lothstein Guerriero, PLLC are located in easy-to-reach Downtown Concord, and Keene, NH. When you need an NH appeals attorney who can make a real difference in your life, call Attorney Ted Lothstein at (603) 513-1919, Attorney Richard Guerriero at (603) 352-5000 — or complete our online information form or chat now with a representative by clicking on the live chat button.
Attorneys: Kaylee Doty