Multiple Felony Convictions Vacated

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 tr… Read More

Possession of Drugs with Intent to Sell / Manufacturing Marijuana — Convictions Reversed

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 righ… 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 tria… Read More

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 requiremen… Read More

Vehicular Manslaughter and Vehicular Negligent Homicide — Convictions Reversed

On April 8, 2009, in a landmark decision, the NH Supreme Court reversed convictions arising out of a tragic automobile accident, because the evidence failed to establish that the victim was born alive. Right Vindicated: Although a very close case, here the prosecution failed to Prove Guilt… Read More

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
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