A Case Concerning Pretrial Credit

December 4, 2017 by Leave your thoughts

Pretrial Credit Case In the recently issued opinion of State v Theo Bosa the New Hampshire Supreme Court had occasion to clarify how pretrial credit should be calculated when a defendant has charges pending in different courts. Theo Bosa was charged with a felony level assault of his girlfriend in Superior Court. He also had warrants that the police discovered...

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Witnesses in a Foreign Country

October 15, 2017 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,...

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Bad Fences Make Bad Neighbors

September 14, 2017 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,...

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Alimony is Unpredictable

August 16, 2017 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...

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How many DWI/DUIs do you see?

August 2, 2017 by Leave your thoughts

On August 1st, 2017 the New Hampshire Supreme Court issued an opinion reversing and vacating, in part, two convictions for aggravated driving while intoxicated (DWI) for James Fogg. Mr. Fogg was operating his vehicle in Concord while under the influence of drugs. He crashed into another vehicle causing serious bodily injury to both occupants. The State elected to charge him...

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Lessons on Child Support

July 14, 2017 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...

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Lawyer Incorrectly Told Client He Would Escape Deportation

June 15, 2017 by

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....

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Was an Early Morning Manchester Shooting Self-Defense?

June 5, 2017 by

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...

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