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

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Ted Lothstein is Chair and Faculty Member for NH Bar's DWI Litigation Seminar

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Recent Case Results

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

DWI and Transporting Drugs Both Go Away in Lebanon Circuit Court

The Lebanon Police charged Client in the 2d Circuit – District Division – Lebanon Court with DWI, which carries an absolute minimum 90 day license suspension, AND transporting marijuana, a major motor vehicle offense that carries a mandatory 60 day license suspension. On the brink of trial, the State accepts a negotiated plea where Client pleads guilty only to possession of marijuana, an offense which is not within the motor vehicle code, and pays a fine. No DWI, No Transporting, No License Suspension Whatsoever! Read More

Operating with a Suspended or Revoked License — Conviction Overturned

The Court held a local police chief broke the law when he stopped a driver who drove through deep water in the road during a flood.Right Vindicated: To be Free of Unreasonable Searches and Seizures.Read Ted’s Brief on Appeal.Read the Court’s Decision Overturning the Conviction. State v. Craveiro, 155 N.H.423, 924 A.2d 361 (2007). Read More

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