Mirsky & Petito, Attorneys at Law
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Admitted to practice in the Supreme Court of the United States, Massachusetts, New Hampshire, United States Court of Appeals for the First Circuit, United States District Court for the District of Massachusetts, United States District Court for the District of New Hampshire, United States District Court for the District of Colorado.
(formerly, David H. Mirsky, Attorney at Law) Represent indigent defendants in homicide cases on appeal and in post-conviction litigation. Member of Homicide Subpanel of Post-Conviction Panel, Massachusetts Committee for Public Counsel Services (Private Counsel Division). Criminal appeals and post-conviction litigation. United States Supreme Court practice. Federal habeas corpus practice.
Reported Cases: United States v. Shea, 150 F.3d 44 (1st Cir.), cert. denied, 525 U.S. 1030 (1998); Commonwealth v. Shea, 46 Mass. App. Ct. 196 (1999); Commonwealth v. Vega, 54 Mass. App. Ct. 249 (2002); Commonwealth v. Anderson, 58 Mass. App. Ct. 117, cert. denied, 540 U.S. 1009 (2003); Forish v. Massachusetts, 540 U.S. 1216 (2004); Commonwealth v. Forish, 61 Mass. App. Ct. 554 (2004); Jackson v. Massachusetts, 543 U.S. 1128 (2005); Gray v. Massachusetts, 544 U.S. 908 (2005); Commonwealth v. Horton, 63 Mass. App. Ct. 571 (2005); Commonwealth v. Hiskin, 68 Mass. App. Ct. 633 (2007); Commonwealth v. Smith, 450 Mass. 395, cert. denied, 129 S. Ct. 202 (2008); Commonwealth v. Holliday, 450 Mass. 794 (2008); Commonwealth v. Simon, 456 Mass. 280 (2010); Commonwealth v. Williams, 456 Mass. 857 (2010); Gray v. Brady, 588 F. Supp. 2d 140 (D. Mass. 2010); Gray v. Brady, 592 F.3d 296 (1st Cir.), cert. denied, Gray v. Bergeron, 130 S. Ct. 3478 (2010); Commonwealth v. Santiago, 458 Mass. 405 (2010); Commonwealth v. Tu Trinh, 458 Mass. 776 (2011); Commonwealth v. Wallace, 460 Mass. 118 (2011); Commonwealth v. Lennon, 463 Mass. 520 (2012); Commonwealth v. Ashley, 82 Mass. App. Ct. 748 (2012), cert. denied, 134 S. Ct. 79 (2013); Commonwealth v. Gray, 465 Mass. 330, cert. denied, 134 S. Ct. 628 (2013); Commonwealth v. Meas, 467 Mass. 434,190 L. Ed. 2d 110, 2014 U.S. LEXIS 6504; 83 U.S.L.W. 3188 (2014).
Represented clients in Belknap County and Carroll County. This work involved primarily district court misdemeanor and juvenile representation. My work in this position included one Belknap Superior Court jury trial, with co-counsel, on a charge of DWI-2d Offense, a misdemeanor appeal.
Most of my time in this position was devoted to work on a Criminal Justice Act Panel case involving allegations of drug distribution. I also participated in motion work on a New Hampshire state criminal matter, motion work in a New Hampshire state administrative health care matter, and on other civil matters.
Researched and drafted judicial orders. Provided legal assistance during trial.
Researched and drafted judicial orders. Supervised judicial interns.
If you are a criminal defense attorney, you need to keep in mind that you have committed yourself to an area of practice that carries with it strict ethical rules that cannot be compromised under any circumstance. This applies to the attorney's involvement in social media.
(reprinted article first appearing in New Hampshire Bar News, Vol. 21, No. 8, at 17 (January 14, 2011)).
The purpose of this Article is to delineate the central issues facing countries which seek to encourage direct foreign investment in their local economies, and to suggest which approaches to these issues appear most likely to facilitate the attraction of foreign capital, technology and expertise, while preserving local control over the potentially detrimental effects of such investment.
The defects in our financial system which caused the banking crisis still exist. Professor Arthur E. Wilmarth, Jr., of The George Washington University Law School has proposed an innovative and responsible solution: the implementation of the "narrow banking" concept into our banking system.
The prosecution of homicides should no longer be handled from the central location of the New Hampshire Attorney General’s Office in Concord, but should instead be handled by each County Attorney Office in the 10 counties of New Hampshire. At present, the Attorney General’s Office exclusively carries out all murder investigations from its headquarters in Concord, a central location in New Hampshire, but far removed from the daily police and prosecutorial activities that take place outside the capital city.
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