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New Hampshire Case Victories

With over 50 combined years of experience, New Hampshire criminal defense attorneys Ted Lothstein and Richard Guerriero have fought on behalf of thousands of clients in New Hampshire’s District Courts and Superior Courts, and have handled over 100 appeals in the New Hampshire Supreme Court. See a sampling of our successful cases below. Or read specifically about our criminal defense victories, our victories in DWI / DUI / OUI cases, or our victories on appeal, including cutting edge litigation that has established important New Hampshire legal precedents.

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Conviction for Issuing Bad Checks Overturned

Right Vindicated: Writing Check on Empty Bank Account is Not Necessarily a Crime.Read Ted’s Brief on AppealRead the Court’s Decision Overturning the Conviction. State v. John Reed Stewart,154 N.H. 678, 921 A.2d 933 (2007). Read More

Conviction for Felony Fraud Overturned

Conviction: Felony Fraud committed against a nursing home.Read the Court’s Decision Overturning the Conviction. State v. Huffman, 154 N.H. 678, 918 A.2d 1279 (2007). Read More

Just Trials for Defendants Accused of White Collar Crime

The Court agreed with Ted Lothstein that it would be unfair and prejudicial to combine into one jury trial, 15 separate instances of alleged fraud perpetrated by a substance abuse center.Ted’s victory on appeal made the national White Collar Crime Reporter and cemented his reputation as a major influencer among appeal attorneys in New Hampshire.Read the Court’s Decision: Petition of the State of N.H. (Joseph San Giovanni),154 N.H. 671, 919 A.2d 762 (2007). Read More

Cutting Edge Litigation on Evidence Law

In State v. Morrill, 154 N.H. 547, 914 A.2d 1206 (2006), the Court reformed the “opening-the-door” doctrine, which had been much abused by trial courts. The purpose of this doctrine is to ensure that both sides get a fair trial and neither exploits the rules to mislead the jury. However, in this case as in many others, the trial judge used the doctrine to inject prejudice into the trial rather than alleviating prejudice. Based on Ted Lothstein’s arguments on appeal, the Court took what had little more than a label or mantra — “opening the door” — and transformed it into a carefully defined and limited doctrine. As a result, the Court reversed Mr. Morrill’s conviction for aggravated felonious sexual assault, and granted him a new trial. 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

Cutting Edge Litigation on Self-Defense

In State v. Ethan Vassar, 154 N.H. 370 (2006), for the first time, Court held that defendant accused of assault may introduce the ‘victim’s’ prior violent acts to bolster accused’s self-defense claim. Read More

Manslaughter — Conviction Reversed

The defendant — accused of shooting the unarmed victim five times — faced homicide charges for shooting his brother after his brother had gone on a rampage in the family home, destroying property, bullying their mother and threatening to kill not only his family, but any police officers that might try to intervene.The trial judge in Sullivan County Superior Court refused to allow the defendant to claim he acted in self-defense, however, because when he shot his brother five times, his brother was unarmed.The Court reversed the conviction for Manslaughter!Right Vindicated: The right to defend oneself and one’s family with deadly force when terrorized in one’s own home.Read NH appeal attorney Ted Lothstein’s Brief on AppealRead the Court’s Decision Overturning the Conviction. State v. Ethan Vassar,154 N.H. 370 (2006). Read More

Operating after Certification as a Habitual Offender — Conviction Overturned

Right Vindicated: Fair Trial – Jury’s Option to Convict on Less Serious OffenseRead the Court’s Decision Overturning the Conviction. State v. Clyde Gauntt,154 N.H. 204, 908 A.2d 771 (2006). Read More

These victories do not predict the outcome of your case. Like most lawyers who are not afraid to try a case, Ted Lothstein and Richard Guerriero have both seen plenty of juries vote to convict. From both victories and defeats, Ted Lothstein and Richard Guerriero have gained the experience and wisdom to guide a client through the process of exposing the weaknesses and strengths both of the prosecution’s case and of the available defenses, with the ultimate goal of achieving the best possible outcome - which may be a trial, or a negotiated settlement, a choice only the client can make.

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