Blog

Supreme Court Orders Restitution and Fees Must be Returned

May 7, 2017 by

Serious Crimes and Serious Sentences In two separate cases Colorado juries convicted Shannon Nelson and Louis Madden of serious crimes.  For Shannon it was sexual abuse of her four children. The judge sentenced her to twenty years to life. He also ordered her to pay over $8,000 in restitution and court fees. In the case of Madden the charges were sexual...

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An update on proposed marijuana laws in the NH Senate

April 14, 2017 by

Here is a quick update on marijuana legislation in New Hampshire. Tuesday there were a number of hearings in the Senate concerning proposed marijuana laws. The two most positive concern House Bills (HB) 157 and 160. HB 157 allows patients who suffer from moderate to severe chronic pain to qualify for a prescription for medical marijuana. This Bill passed 4-1...

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U.S. Supreme Court Reviews Lawsuit Over Wrongful Arrest

March 30, 2017 by

Wrongful Arrest According to a lawsuit field by Elijah Manuel, police officers in Joliet, Illinois arrested him for no valid reason. Mr. Manuel claims that the police searched him and found a bottle of vitamins. The police performed a preliminary field test indicating that the pills were not illegal drugs. Nevertheless, they believed the pills contained ecstasy and arrested Mr. Manuel.  At...

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Police Coerced Consent by Threatening to Get a Warrant

March 15, 2017 by

The New Hampshire Court threw out a drug case after the police obtained consent to search the vehicle through coercion. FIRST THEY PULL YOU OVER. Jason Millett was driving a van.  His girlfriend Jessica Morrill and their three children were passengers. State Trooper McAulay pulled the van over because it had a license plate registered to a different vehicle.  After approaching, Millett produced...

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DNA Evidence Will Not Help Robert Breest Get a New Trial for Murder

March 2, 2017 by

Murder Conviction A jury convicted Robert Breest for murdering Susan Randall in 1973.  The judge sentenced him to life in prison.  Of course, at the time, DNA evidence was unheard of. Since then, courts have released many convicted inmates  because of the explosion in the use of DNA evidence in courtrooms . Breest is hoping to be one of them but so...

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Concertgoer Can Sue the Police for Wrongful Arrest

February 14, 2017 by

Arrested Trying to Get Into a Country Concert A Massachusetts concertgoer will be able to sue the police after they arrested him not for committing a crime, but merely for  being intoxicated. In the summer of 2014, Mr. Peter Alfano and two friends planned to see a Jason Aldean concert at the Xfinity Center.  On the bus, and at a tailgate...

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When You Are Your Brother’s Keeper

January 13, 2017 by

A recent New Hampshire Supreme Court opinion is applicable to criminal, juvenile and family law. In the case of In RE N.K., a sixteen year old juvenile, N.K., was found delinquent for endangering the welfare of his four year old brother. Under New Hampshire law endangering the welfare of a minor is a crime. RSA 639:3 says “a person is...

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When Must Divorced Parents Pay for College?

January 2, 2017 by

Jeffrey and Paula Oligny had two children and were divorced in 2003.  Under their divorce they were to “equally contribute” to college expenses only after the children “exhausted all forms of scholarships, loans, grants, etc.” When it came time for college both children were able to obtain some financial assistance but not enough to cover their entire tuition.  The mother...

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Lawsuit Alleging Police Retaliation To Go Forward

December 15, 2016 by

The Eleventh Circuit Court of Appeals has allowed a civil rights lawsuit to go forward against an officer of the Douglasville, South Carolina Police Department.  According to a complaint filed by Officer Derrick Bailey, he was hired by the department in 2010.  Bailey had seventeen years of prior experience in law enforcement, He received positive performance reviews through his first couple of years...

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