Author Archives for Andrew Winters

Strict Time Limits for Suing a Ski Resort

August 12, 2015 9:41 pm Published by - Leave your thoughts

Deborah and Matthew Hogan were skiing at Pat’s Peak when they fell from a ski chairlift and were injured.  They wanted to sue the resort for their injuries but New Hampshire has a very strict law that says if you want to sue a ski resort, you must send the resort notice of your injuries within 90 days by certified letter....




What Counts As Three Strikes?

July 21, 2015 9:08 pm Published by - Leave your thoughts

With the recent Supreme Court decisions on same-sex marriage and health insurance, it easy to overlook an important sentencing decision made at the same time.  Most people are aware that it is a crime for a felon to possess a firearm. What most people do not know is if a felon is caught with a firearm and he has three...




Supreme Court Doesn’t Want to Decide How Much the Police Need to Accommodate the Mentally Ill

May 26, 2015 10:48 am Published by - Leave your thoughts

Teresa Sheehan lived in a group home for people with mental illness. In August of 2008, her social worker called the police to check on her, saying she had threatened to stab him. The police knocked on Sheehan’s door and, after she threatened to kill them too, entered her room with their guns drawn. According to the police, she came...




What happens when you get hurt at work?

March 27, 2015 2:34 pm Published by - Leave your thoughts

Workplace injuries are given unique treatment under the law. If a person is injured while not at work, and someone else is responsible, the victim can sue the at-fault party. One of the most common examples is in the case of a car accident that is caused by the negligence of another driver. The injured driver can recover compensation for...




New Hampshire Supreme Court enforces Turkish custody order and requires American mother to return daughters to Turkish father

November 7, 2014 3:31 pm Published by - Leave your thoughts

Linda Yaman, a U.S. Citizen,  met her Turkish husband, Ismail Yaman, in the United States and they had one daughter in this country before moving to Turkey and having a second daughter.  Linda became suspicious that Ismail was sexually abusing the girls and filed for divorce in Turkey.  After conducting a review, the Turkish courts rejected the abuse claims and...




No right to an automatic appeal in post-divorce cases

February 3, 2014 10:00 am Published by - Leave your thoughts

New Hampshire is one of the few states that only has one court of appeal – the New Hampshire Supreme Court.  Most other states have at least one intermediate appellate court. Since one court cannot possibly hear every possible appeal in the state, the result is that it has a system for picking and choosing what cases it will hear....




New Hampshire Supreme Court upholds postnuptial agreements

August 29, 2013 10:09 am Published by - Leave your thoughts

Most people are familiar with the concept of a prenuptial agreement, an agreement between a couple planning on getting married about how issues such as division of property will be resolved if they are ever divorced in the future.  Less well known, but increasingly common are postnuptial agreements.  Like a prenuptial agreement, a postnuptial agreement determines how issues relating to a...




When Plea Bargaining Goes Wrong

When plea bargaining goes wrong.

May 6, 2013 5:50 pm Published by - 4 Comments

Most everyone knows that plea bargaining is a regular part of our criminal justice system.  It’s been estimated that about 95% of all felony conviction nationwide come by plea bargain rather than a jury trial.   In fact, without plea bargaining the court dockets would be overwhelmed and the system would get bogged down. While on many occasions plea bargaining...




Improper cross-examination technique persists

April 2, 2013 11:09 am Published by - 1 Comment

One of the toughest decisions a defendant has to make is whether or not to testify.  Usually the first question a defendant will ask is — what is the prosecutor going to ask me about if I go on the stand? Over the past several years, the New Hampshire Supreme Court has been clear about what the prosecutor can’t ask...