APPEALS

 Appellate Advocacy That Matters

New Hampshire Supreme Court Victory

In State v. Fitzgerald, the defendant sought a new trial because the prosecutor knowingly withheld evidence that a prosecution witness’s testimony contradicted her previous statements—after there had already been one mistrial for failing to produce other evidence. The trial court denied the motion for new trial, but on appeal, the New Hampshire Supreme Court vacated the trial court’s decision and remanded the case for a new hearing. The Supreme Court agreed with Attorney Newhall that the evidence was material and should have been produced before trial.

You can watch the NH Supreme Court oral argument by Attorney Newhall here:

And read the unanimous Supreme Court decision vacating and remanding to give Mr. Newhall’s client a new hearing:

Protecting A Summary Judgment Victory On Appeal

In Nordwall v. Heit, the plaintiff appealed the dismissal of his medical malpractice case against Attorney Newhall’s clients. On direct appeal, Attorney Newhall persuaded the Washington Court of Appeals that the trial court had correctly granted summary judgment because the statute of limitations barred the plaintiff’s lawsuit, and none of the exceptions raised by the plaintiff applied. The court unanimously affirmed the judgment in favor of Mr. Newhall’s clients.

You can read the brief by Attorney Newhall here:

And read the unanimous Court of Appeals decision in favor of Mr. Newhall’s clients here:

Getting Client A Second Chance With A New Hearing

In United States v. Wallace, the government sought to imprison Attorney Newhall’s client based on unreliable hearsay placing him behind the wheel of a car in a high speed chase. Although there was video of the car chase, none if it showed the driver’s face, and no witness at the hearing actually saw the driver. On direct appeal, Attorney Newhall persuaded the U.S. Court of Appeals that the trial court had erred and the case was remanded for a new hearing.

You can listen to the oral argument here:

And you can read the brief by Attorney Newhall here:

And read the unanimous decision in favor of Mr. Newhall’s client here:

Unanimous Affirmance Of Judgment For Client On Appeal

In Thomas v. Swedish Hospital, the plaintiff appealed the summary judgment dismissal of her medical malpractice claims against Attorney Newhall’s client, a local hospital. Attorney Newhall demonstrated to the Washington Court of Appeals that the plaintiff had failed to produce essential evidence in support of her case and the trial court did not abuse its discretion by denying her additional continuances. The court unanimously affirmed in favor of Mr. Newhall’s client.

You can read the brief by Attorney Newhall here:

And read the unanimous Court of Appeals decision in favor of Mr. Newhall’s client here: