Case Conclusion Date:March 14, 2008
Practice Area:Criminal Defense
Outcome:Conviction reversed on appeal.
Description:Last year, I won a reversal on appeal where the accused was charged with Aggravated Felonious Sexual Assault. Client was represented by a different lawyer in the jury trial. The trial judge in Merrimack County Superior Court, New Hampshire refused to allow cross-examination of the complainant regarding her prior false accusation of rape against another man. Ted Lothstein handled the appeal and won a reversal of client's conviction. The New Hampshire Supreme Court held that the trial court's ruling was a violation of client's right to confront and cross-examine his accuser. The reversal in State v. Kornbrekke was the first time that New Hampshire's highest Court had ever reversed a rape conviction based on this type of limitation of the right to confront one's accuser at trial.