Categories for Criminal

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Did Texas execute an innocent man?

September 5, 2019 by Leave your thoughts

On August 21, 2019 Larry Swearingen was executed by the Texas Department of Justice in Huntsville, Texas. Swearingen was convicted of the 1998 murder of 19-year-old Melissa Trotter and sentenced to death in 2000. Despite his relentless claims of innocence and at least 5 defense experts who testified that Swearingen couldn’t have been the killer because he was in jail on...

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How To Get A Crime Off Your Record

January 7, 2019 by Leave your thoughts

What is an “annulment?” I want to talk to you briefly about annulments here in New Hampshire. In many states people call it an “expungement,” but here in New Hampshire it’s called an “annulment.” Filing a petition for annulment is the way to ask a court to essentially seal a record of a conviction, or an arrest. What crimes can...

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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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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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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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