January 3, 2018
by Jonathan Cohen
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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December 15, 2017
by Andrew Winters
Patrick Roland pled guilty to DWI. Although he had a prior DWI on his record, the plea bargain changed it to a “first” offense. This is a common plea bargain in DWI cases. From the prosecutor’s perspective it avoids the time and expense in taking the case to trial. The prosecutor also eliminates the risk of losing with no conviction...
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December 4, 2017
by Jonathan Cohen
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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November 14, 2017
by Andrew Winters
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...
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October 15, 2017
by Andrew Winters
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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September 14, 2017
by Andrew Winters
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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August 16, 2017
by Andrew Winters
“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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August 2, 2017
by Jonathan Cohen
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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July 14, 2017
by Andrew Winters
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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July 9, 2017
by Andrew Winters
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....
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