Author Archives for Andrew Winters

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...






When Must Divorced Parents Pay for College?

January 2, 2017 3:55 pm Published by - Leave your thoughts

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 their entire tuition.  The mother...




Lawsuit Alleging Police Retaliation To Go Forward

December 15, 2016 1:39 pm Published by - Leave your thoughts

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 his first couple of years...




Parenting Rights After Abuse of the Child

December 4, 2016 10:05 pm Published by - Leave your thoughts

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. Based on that conviction, the...




Sentenced to No Contact with Your Child?

October 4, 2016 11:17 am Published by - Leave your thoughts

In 2012 Christopher Long kidnapped the victim, who was pregnant at the time and soon thereafter gave birth to their child.  Mr. Long pled guilty and was sentenced to years in prison.  He also received several suspended prison sentences.  A suspended sentence means that the defendant is given a prison sentence but will not have to serve it unless he violates...




When Is a Prosecutor Required to Gather Evidence?

Prosecutor Not Required to Gather Evidence for the Defendant

September 15, 2016 8:59 am Published by - Leave your thoughts

Michael Lewandowski is charged with aggravated felonious sexual assault.  Before his trial, the judge issued an order that the prosecutor’s office must obtain and preserve all of the victim’s cell phone records, and then deliver those records to the judge for a private review. If the judge determined that any of these records were helpful to the defendant he would turn...