» Sexual Assault

Sexual Assault Charge Dropped

Strafford County Superior Court. The State charged Client with aggravated felonious sexual assault in the Strafford County Superior Court. The County Attorney gloated to the jury in his opening statement that this was the only adult rape case he could remember where there was a third-party eyewitness — another woman who claimed to have walked in on Client violently sexually assaulting his girlfriend. Ted Lothstein, through discovery proceedings, gained access to mental health records casting doubt on the eyewitness’s credibility, and used them during cross-examination of this supposedly-neutral eyewitness. At trial, even with both women testifying against Client, a divided jury could not reach a verdict, and the State later dropped the charge. Read More

Sexual Assault Charge Reduced to Avoid Mandatory Sex Offender Registration

Littleton District Court. Client faced a charge of class A misdemeanor Sexual Assault. If convicted, he would have to register as a sex offender for 10 years and face other criminal penalties. Attorney Lothstein secured a plea to an alternative charge, Simple Assault, helping Client avoid mandatory sex offender registration. Read More

Misdemeanor Sexual Assault — Jury Verdict Reversed

On November 3, 2009, the Court summarily reversed a jury verdict from the Hillsborough Superior Court North in Manchester for sexual assault.The Court held that the assistant county attorney’s prosecutorial misconduct during closing argument violated the accused’s right to a fair trial. Specifically, she argued that “only two people” (the accuser and accused) knew what happened, but the jury “only heard from one of them.”…These types of arguments are improper – an inappropriate comment on the defendant’s exercise of his right to remain silent.Read the Court’s Decision Overturning the Conviction. State v. Martin (2009). 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 false accusation of rape against another man. The reversal in State v. Kornbrekke was the first time that the Court had ever reversed a rape conviction based on this type of limitation of the right to confront one’s accuser at trial. Read NH appeal attorney Ted’s Brief on Appeal Read the Court’s Decision Overturning the Conviction. State v. Karl Kornbrekke,156 N.H. 821 (2008). 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 “thought crime” of collaging together images where no child was actually exploited or harmed. This is precisely why people turn to appeal attorneys in New Hampshire and elsewhere. Right Vindicated: First Amendment — Freedom of Speech and Freedom of Thought Read Ted’s Brief on Appeal Read the Court’s Decision Overturning the Conviction. State v. Marshall Zidel,156 N.H. 684, 940 A.2d 255 (2008). Read More

Aggravated Felonious Sexual Assault — Convictions Overturned

Aggravated felonious sexual assault (alleged sexual assault of a child) convictions reversed.Right Vindicated: Court reverses convictions based on Attorney Lothstein’s argument that erroneous decision to admit prejudicial prosecution evidence deprived accused of a fair trial.Read Ted’s Brief on AppealRead the Court’s Decision Overturning the Conviction. State v. Donald Morrill,154 N.H. 547, 914 A.2d 1206 (2006). Read More