» Supreme Court of New Hampshire

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 trial, the State charged Glenn only with first degree murder (acquitted) and second degree murder, which resulted in a hung jury. Before the second jury trial, the State added five more felony charges: Criminal Threatening, Attempted Armed Robbery, Felon in Possession of a Firearm, and two counts Falsification of Physical Evidence. The second jury convicted Glenn on all charges. The Court vacated all of the convictions, except for second degree murder. The Court held that the doctrine of mandatory joinder requires the prosecution to join all charges from the beginning of the prosecution. As you can see from the Court’s opinion, this ruling cut Glenn’s sentence by 10 years. Read the Court’s opinion in State v. Glenn (N.H. Dec. 10, 2014). 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 right to be free of unreasonable searches and seizures. The officers had marched onto his property without a search warrant, and searched around his garage, finding evidence that he was growing marijuana in the garage. The trial court held that the police did not violate Mr. Socci’s constitutional rights, and upheld the search, causing Mr. Socci to be convicted of two felonies. The Court reversed both felony convictions and remanded for further hearing. Right Vindicated: This case is a huge vindication for the fundamental right of people to be left alone, free of intrusion by the government, on their own property. It’s also Ted Lothstein’s 15th win in the NH Supreme Court! Read the Court’s Opinion in State v. Socci. Read the Appellant brief in State v. Socci. It’s the first brief filed by the Lothstein Guerriero, PLLC firm and our first brief to incorporate color photographs, bringing our firm’s appellate litigation into the 21st century. 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

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 Appeal Read the Court’s Decision. State v Scott Robinson 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 Beyond a Reasonable Doubt. Read NH appeal attorney Ted Lothstein’s Brief on Appeal Read the Court’s Decision Overturning the Conviction. State v. Joshua Lamy (2009). Read Coverage of this Victory in the Concord Monitor 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 another judge declared a mistrial with intention to begin the trial anew. 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 the Conviction. State v. Ernest Solomon,156 N.H., 943 A.2d 819 (2008). 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

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 “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