LinkedInDavid H. Mirsky
David H. Mirsky

David H. Mirsky

Partner, Mirsky & Petito, Attorneys at Law

Location
Greater Boston Area
Industry
Law Practice
Current
  1. Mirsky & Petito, Attorneys at Law
Previous
  1. New Hampshire Public Defender,
  2. Kenna, Johnston & Sharkey, P.A.,
  3. Chief District Judge Joseph A. DiClerico, Jr., U.S. District Court for the District of New Hampshire
Education
  1. The George Washington University Law School
275connections

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275connections
Mirsky & Petito, Attorneys at Law

Mirsky & Petito, Attorneys at Law

Partner

– Present

View full profile

Background

Summary

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.

Experience

Partner

Mirsky & Petito, Attorneys at Law
– Present (20 years 2 months)Exeter, New Hampshire (current)

(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).

Staff Attorney

New Hampshire Public Defender
(6 months)Laconia, New Hampsire

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.

Associate

Kenna, Johnston & Sharkey, P.A.
(7 months)Manchester, New Hampshire

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.

Judicial Law Clerk

Chief District Judge Joseph A. DiClerico, Jr., U.S. District Court for the District of New Hampshire
(4 months)Concord, New Hampshire

Researched and drafted judicial orders. Provided legal assistance during trial.

Judicial Law Clerk

Senior District Judge Shane Devine, U.S. District Court for the District of New Hampshire
(2 years 1 month)Concord, New Hampshire

Researched and drafted judicial orders. Supervised judicial interns.

Skills

  • Criminal Defense
  • Appeals
  • Criminal Law
  • Courts
  • Federal Courts
  • Trial Practice
  • Federal Law
  • Criminal Justice
  • Civil Rights
  • Litigation
  • Legal Writing

Publications

"A Criminal Defense Attorney’s Guide to Social Media: the Keyword is DON’T"(Link)

New Hampshire Bar News, Vol. 22, No. 8
January 2012

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.

"Keeping the Highest Court in Mind: The US Supreme Court and the Practice of Criminal Defense"(Link)

Connecticut Lawyer, Vol. 22, No. 7, at 28
March 2012

(reprinted article first appearing in New Hampshire Bar News, Vol. 21, No. 8, at 17 (January 14, 2011)).

"Direct Foreign Investment in the Caribbean: A Legal and Policy Analysis"(Link)

11 Northwestern Journal of International Law & Business 257
1990

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.

Authors:
  • David H. Mirsky,
  • Professor Lewis D. Solomon, George Washington University Law School

"Narrow Banking: A Structural Solution to the Banking Crisis"(Link)

New Hampshire Bar Journal, Vol. 53, No. 3 (Fall 2012)
2012

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.

"New Hampshire Needs a New, Decentralized Criminal Justice System"(Link)

New Hampshire Bar News, Vol. 25, No. 1
June 2014

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.

Education

The George Washington University Law School

Juris Doctor With Honors, Law

Activities and Societies: Publication: Lewis D. Solomon and David H. Mirsky, "Direct Foreign Investment in the Caribbean: A Legal and Policy Analysis, " 11 Nw. J. Int'l L. & Bus. 257 (1990).

Harvard University

A.L.B, Cum Laude, Extension Studies

Activities and Societies: 1985 Platform Drafting Committee, Massachusetts Democratic Party

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