Author Archives for Andrew Winters

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...




U.S. Supreme Court Reviews Lawsuit Over Wrongful Arrest

March 30, 2017 2:26 pm Published by - Leave your thoughts

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 and arrested Mr. Manuel.  At...




Police Coerced Consent by Threatening to Get a Warrant

March 15, 2017 4:22 pm Published by - Leave your thoughts

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 vehicle.  After approaching, Millett produced...




DNA Evidence Will Not Help Robert Breest Get a New Trial for Murder

March 2, 2017 11:14 am Published by - Leave your thoughts

Murder Conviction A jury convicted Robert Breest for murdering Susan Randall in 1973.  The judge sentenced him to life in prison.  Of course, at the time, DNA evidence was unheard of. Since then, courts have released many convicted inmates  because of the explosion in the use of DNA evidence in courtrooms . Breest is hoping to be one of them but so...




Concertgoer Can Sue the Police for Wrongful Arrest

February 14, 2017 9:28 pm Published by - Leave your thoughts

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 bus, and at a tailgate...