On May 14, 2018, the United States Supreme Court unanimously held that the 4th Amendment right against unreasonable searches and seizures protects the driver of a rental car, even if the driver was not listed as an authorized driver on the rental agr…
The NHPR Story
According to this news story from New Hampshire Public Radio, marijuana decriminalization has helped the State Forensic Laboratory massively cut its backlog on testing of seized substances from controlled drug arrests. That is good ne…
Committee: Ban Roadblocks
A NH House Committee voted 12-8 in favor of recommending passage of a Bill that would ban all so-called “DWI Checkpoints” – also known as DUI Roadblocks — in New Hampshire.
Inefficient and Costly
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.
Hillsborough Superior Court (North). Client faced a felony charge of Operating After Certification as an Habitual Offender, which carries a mandatory minimum one year jail sentence. Ted Lothstein, at the final pretrial, persuaded the prosecution to agree to drop the felony charge, and allow Client to plead guilty to a misdemeanor charge carrying far less jail time.
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