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...
Read More 🡒Dying For a Divorce Arthur and Patricia Sweatt were going through a divorce after 36 years of marriage. Sadly, Patricia was also terminally ill. In the middle of their divorce, she filed a motion to “bifurcate” the proceedings. What this means in plain English is that she wanted to have the divorce made final while she was still alive, even...
Read More 🡒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,...
Read More 🡒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,...
Read More 🡒“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...
Read More 🡒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...
Read More 🡒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...
Read More 🡒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....
Read More 🡒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....
Read More 🡒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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