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Client Charged with Assault Acted in Self Defense
Rockingham County Superior Court. The State charged Client with simple assault based on eyewitnesses, including an off-duty police officer, who swore that during a bar fight, Client walked up to a man already unconscious in the gutter and brutally stomped on the man’s head. Ted Lothstein argued that Client acted in self-defense, and that the eyewitnesses were mistaken. The jury acquitted Client of simple assault and convicted him of the violation-level offense mutual combat, and Client paid a small fine.
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Client Acquitted of Assault Based on Self-Defense Argument
Merrimack County Superior Court. The State charged Client with first degree assault based on a stabbing that occurred outside a restaurant/bar in Concord. Ted Lothstein argued that Client acted in self-defense, protecting himself from a drunken thug. The jury acquitted Client.
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Robbery and First Degree Assault — Convictions Reversed
On June 9, 2009, in an appeal briefed by Ted Lothstein, the Court reversed these serious felony convictions because the Manchester Police went into the accused’s home without getting a warrant from a judge.“The search of a home is subject to a particularly stringent warrant requirement because the occupant has a high expectation of privacy. To have it otherwise would be to obliterate one of the most fundamental distinctions between our form of government, where officers are under the law, and the police-state where they are the law.“Read Ted’s Brief on AppealRead the Court’s Decision. State v. Scott Robison (2009).
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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 AppealRead the Court’s Decision Overturning the Conviction. State v. Ernest Solomon,156 N.H., 943 A.2d 819 (2008).
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