Ted Lothstein presenting at CLE By the Sea

Ted Serving as Faculty for Newburyport Continuing Legal Education Seminar

On July 20, 2023, Ted Lothstein will be a faculty member at the annual "CLE By the Sea" in Newburyport, Massachusetts.

Topic: Evolving Judicial Attitudes Towards Racial Stereotypes

Ted Lothstein, CPCS attorney / supervisor Stuart Hurowitz out of Worcester, MA, and John Webb, DWI defense legend out of Saco, Maine, will be presenting at the CLE about a slew of new cases decided in the last several years, that demonstrate evolving judicial attitudes about rooting out and removing racial stereotypes and racial profiling from the justice system. The cases for discussion include

Commonwealth v. Dew, 492 Mass. 254 (S.J.Ct. 6/15/23).

  • Convictions reversed where now-disgraced defense counsel's representation of defendant was impaired by an actual conflict of interest. Why? While representing a client who was Black and Muslim, this attorney ordered his client to stop wearing his religious garb, refused to meet with him, and posted anti-Muslim and anti-Black garbage to social media.

Mallard v. Warden (N.H.S.Ct 01/04/23).

  • Finds defense counsel ineffective for referring to his client, a Black man facing charges of domestic violence against his white girlfriend, as a "big menacing black guy" in an ill-conceived effort to insinuate that the girlfriend's injuries weren't as severe as one would expect if they had really been inflicted by his much-larger client. The Court characterized these arguments as "horrible racists tropes" and said that an appeal to bias, whether indirect, implied, direct, or express, is "an affront to the court" and will general result in a mistrial.

State v. Stroud (N.H. Super. Ct. 05/07/21).

  • Multiple individuals were prosecuted for offense of Riot during a Black Lives Matter Protest in Manchester, NH. All the white protesters got fines and suspended jail time. The court-appointed lawyer for the Black protester signed his client up for jail time without bothering to see what types of sentences the other, white defendants got. Counsel held ineffective, and new sentencing hearing ordered.

Commonwealth v. Robinson-Van Rader, 492 Mass. 1 (2023).

  • Tightens the legal standards that seek to discourage and prevent racial profiling of pedestrians.

... and many other cases. This is the 2d year that Ted has been selected as a faculty member at this popular CLE.