201705.07
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Supreme Court Orders Restitution and Fees Must be Returned

Serious Crimes and Serious Sentences In two separate cases Colorado juries convicted Shannon Nelson and Louis Madden of serious crimes.  For Shannon it was sexual abuse of her four children. The judge sentenced her to twenty years to life. He also ordered her to pay over $8,000 in restitution and court fees. In the case of…

201704.14
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An update on proposed marijuana laws in the NH Senate

Here is a quick update on marijuana legislation in New Hampshire. Tuesday there were a number of hearings in the Senate concerning proposed marijuana laws. The two most positive concern House Bills (HB) 157 and 160. HB 157 allows patients who suffer from moderate to severe chronic pain to qualify for a prescription for medical…

201703.30
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U.S. Supreme Court Reviews Lawsuit Over Wrongful Arrest

Wrongful Arrest According to a lawsuit field by Elijah Manuel, police officers in Joliet, Illinois arrested him for no valid reason. Mr. Manuel claims that the police searched him and found a bottle of vitamins. The police performed a preliminary field test indicating that the pills were not illegal drugs. Nevertheless, they believed the pills contained ecstasy…

201703.15
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Police Coerced Consent by Threatening to Get a Warrant

The New Hampshire Court threw out a drug case after the police obtained consent to search the vehicle through coercion. FIRST THEY PULL YOU OVER. Jason Millett was driving a van.  His girlfriend Jessica Morrill and their three children were passengers. State Trooper McAulay pulled the van over because it had a license plate registered to a different…

201702.14
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Concertgoer Can Sue the Police for Wrongful Arrest

Arrested Trying to Get Into a Country Concert A Massachusetts concertgoer will be able to sue the police after they arrested him not for committing a crime, but merely for  being intoxicated. In the summer of 2014, Mr. Peter Alfano and two friends planned to see a Jason Aldean concert at the Xfinity Center.  On the…

201701.13
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When You Are Your Brother’s Keeper

A recent New Hampshire Supreme Court opinion is applicable to criminal, juvenile and family law. In the case of In RE N.K., a sixteen year old juvenile, N.K., was found delinquent for endangering the welfare of his four year old brother. Under New Hampshire law endangering the welfare of a minor is a crime. RSA…

201701.02
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When Must Divorced Parents Pay for College?

Jeffrey and Paula Oligny had two children and were divorced in 2003.  Under their divorce they were to “equally contribute” to college expenses only after the children “exhausted all forms of scholarships, loans, grants, etc.” When it came time for college both children were able to obtain some financial assistance but not enough to cover…

201612.15
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Lawsuit Alleging Police Retaliation To Go Forward

The Eleventh Circuit Court of Appeals has allowed a civil rights lawsuit to go forward against an officer of the Douglasville, South Carolina Police Department.  According to a complaint filed by Officer Derrick Bailey, he was hired by the department in 2010.  Bailey had seventeen years of prior experience in law enforcement, He received positive performance reviews through…

201612.04
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Parenting Rights After Abuse of the Child

A recent New Hampshire Supreme Court case dealt with when a Court can terminate parental rights after the parent is convicted of child abuse.  The mother of a very young child was found guilty by a jury of abuse. She was sentenced to 10 to 20 years in prison with three of those years suspended….