Author Archives for Andrew Winters

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 - 6 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...