Author Archives for Andrew Winters

DMV Decision to Require an Ignition Interlock Device

December 15, 2017 9:13 am Published by - Leave your thoughts

Patrick Roland pled guilty to DWI. Although he had a prior DWI on his record, the plea bargain changed it to a “first” offense. This is a common plea bargain in DWI cases. From the prosecutor’s perspective it avoids the time and expense in taking the case to trial. The prosecutor also eliminates the risk of losing with no conviction...




When One Spouse Dies in the Middle of a Divorce

November 14, 2017 5:21 pm Published by - Leave your thoughts

Dying For a Divorce Arthur and Patricia Sweatt were going through a divorce after 36 years of marriage. Sadly, Patricia was also terminally ill. In the middle of their divorce, she filed a motion to “bifurcate” the proceedings. What this means in plain English is that she wanted to have the divorce made final while she was still alive, even...




Witnesses in a Foreign Country

October 15, 2017 2:25 pm Published by - Leave your thoughts

Three Hung Juries One of New Hampshire’s most convoluted murder cases is going forward. Back in 1988 the police charged Anthony Barnaby with stabbing two women to death. Prosecutors tried Barnaby three times in 1989 and 1990. Each of those trials, however, ended in a hung jury. This means at least one juror did not find Barnaby guilty. Back then,...




Bad Fences Make Bad Neighbors

September 14, 2017 4:49 pm Published by - Leave your thoughts

We here at Cohen & Winters don’t practice land law.  A recent New Hampshire Supreme Court decision, however, provides an interesting look at how you can lose your property rights if you aren’t careful. Trouble in Paradise The McKay family has had property in Hampton, near the beach, since 1963. In 1993 they put up a fence between their property,...




Alimony is Unpredictable

August 16, 2017 2:43 pm Published by - Leave your thoughts

“Got those alimony blues And I sure got to pay some dues” -T. Bone Walker, 1975 Long-Term Marriage In 2014, after over thirty years of marriage, Leslie and Harry Dow divorced. For most of the marriage Leslie worked at a preschool earning up to $21 per hour.  In 2010, however, she and her husband agreed she would quit her job...




Lessons on Child Support

July 14, 2017 9:58 pm Published by - Leave your thoughts

Child Support Decision A recent court decision sheds a little light on some complications that can arise in child support cases. The parents divorced in 2009. At the time of divorce the judge ordered the father to pay $3,200 a month for three children. He paid the support through the 2015 when the mother filed a motion to raise it. Can...




Court Upholds Search of Vehicle Without Warrant

July 9, 2017 4:12 pm Published by - Leave your thoughts

Manchester Traffic Stop It started when Daniel Jesus Cora  ran a red light in Manchester. Then he cut off a police officer. The officer pulled Cora over immediately. He smelled marijuana as he spoke to Cora through the window. So, he next told Cora to get out of the car. Cora admitted there were a “couple of roaches” in the car....




Lawyer Incorrectly Told Client He Would Escape Deportation

June 15, 2017 3:24 pm Published by - Leave your thoughts

Immigrant Accused of Selling Counterfeit Handbags Philip Swaby is a Jamaican citizen but has been living in the United States since 2001. His wife is also a U.S. resident and his two children are U.S. citizens.  He held a green card and intended to apply for citizenship. Unfortunately, in 2011 the federal government charged him with selling counterfeit purses, handbags, and other merchandise....




Was an Early Morning Manchester Shooting Self-Defense?

June 5, 2017 4:45 pm Published by - Leave your thoughts

Attempted Murder Conviction Reversed In 2015 Kyree Rice was in the middle of an early morning hours wild melee at the USA Biscuit and Chicken restaurant in Manchester. He ended up shooting a man named Curtis Clay. The State charged him with attempted murder. A jury convicted him.  In May of this year, however, the New Hampshire Supreme Court reversed the...




Supreme Court Orders Restitution and Fees Must be Returned

May 7, 2017 3:05 pm Published by - Leave your thoughts

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 Madden the charges were sexual...