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Opinion Testimony is Very Limited

March 14, 2018 by Leave your thoughts

People often ask, what evidence is allowed in court? Witnesses can generally testify about what they personally saw or heard. When it comes to their opinions, however, the rules are very strict. A recent New Hampshire Supreme Court decision illustrates this point well. Mother as a Witness The prosecutor charged the defendant, Richard Waite, with multiple counts of sexually abusing...

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Child Support Is Not Automatically Reduced When One of Multiple Children Reaches Majority

February 15, 2018 by Leave your thoughts

Wendy and Michael White divorced in 2003. The judge ordered Michael to pay child support for their two children. Their older child was 18 and graduated high school in 2014. By New Hampshire law, therefore, there was no longer a support obligation for the older child after he graduated. If there was only child, Michael’s payments would stop automatically. But...

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Child Support When There is Equal Custody

Child Support When There is Equal Custody

January 14, 2018 by Leave your thoughts

Child Support Guidelines Heath Gosselin filed to reduce the child support to his ex-wife, Kathryn Page. In child support cases, the first thing the Judge always has to do is calculate the “guidelines“. Using the income of both parents, and tables provided by law, the Judge figures out the guidelines number. The Judge should start with the presumption that the...

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No Contact Orders

No Contact Orders As Part Of Restraining Orders And Bail Conditions

January 3, 2018 by Leave your thoughts

ATTORNEY CRIMINALLY CHARGED In the opinion of Gallant’s Case, issued December 29, 2017, the New Hampshire Supreme Court upheld the suspension of Attorney John F. Gallant from the practice of law. The case demonstrates the intersection between family law and criminal law. Attorney Gallant represented his former law partner whose ex-girlfriend obtained a restraining order against him. Attorney Gallant was...

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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. Β 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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