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

Assault Conviction Overturned

Simple Assault – alleged Domestic Assault. Right Vindicated: The Double Jeopardy Right – the principle that the government cannot try and re-try the accused in forum after forum until it gets the verdict it wants. Read Ted’s Brief on Appeal Read the Court’s Decision Overturning… Read More

Aggravated Felonious Sexual Assault — Conviction Reversed

In 2008, Ted Lothstein won a reversal on appeal where the accused was charged with Aggravated Felonious Sexual Assault (alleged sexual assault of an adult), and the trial judge in Merrimack County Superior Court refused to allow cross-examination of the complainant regarding her prior fals… 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

Possession of Child Pornography Conviction Violated First Amendment

Possession of Child Pornography – court holds prosecution of accused for “collaged” images violated First Amendment. In this landmark First Amendment decision, the first of its kind in the United States, the Court held that the government could not prosecute a man for the “thou… Read More

Multiple Drug Sale Convictions Overturned

Narcotics Distribution – Sale of Cocaine. Multiple drug sale convictions overturned on appeal Right Vindicated: Fair Trial – Requiring Severance (separate trials) of 4 drug sales Read the Court’s Decision Overturning the Conviction. State v. Sean Brown, 156 N.H. 440, 938 A.2d 909 (20… 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 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

Operating with a Suspended or Revoked License — Conviction Overturned

The Court held a local police chief broke the law when he stopped a driver who drove through deep water in the road during a flood. Right Vindicated: To be Free of Unreasonable Searches and Seizures. Read Ted’s Brief on Appeal. Read the Court’s Decision Overturning the Conviction. Stat… Read More

Conviction for Issuing Bad Checks Overturned

Right Vindicated: Writing Check on Empty Bank Account is Not Necessarily a Crime. Read Ted’s Brief on Appeal Read the Court’s Decision Overturning the Conviction. State v. John Reed Stewart,154 N.H. 678, 921 A.2d 933 (2007). Read More
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