Appellate Specialist and Strategist

Benjamin E. Lowenthal has filed briefs in more than 75 appellate cases, argued cases in the Hawaii Supreme Court consistently since 2009, and has been lead appellate counsel in 25 precedent-setting published cases. Here are some of his successful appellate cases: 

• State v. Higheagle - successfully defended exclusion of driver's blood-alcohol level in habitual drunk driving case based on violations of implied consent laws committed by the police.
• Salayes-Araiza v. State - won the right to present evidence for noncitizen seeking to set aside her criminal conviction based on violations of the constitutional right to effective assistance of counsel.
• State v. Abion - overturned conviction and got a new trial for a mentally impaired defendant with history of substance abuse issues based on constitutional right to present complete defense.
• In re: T.M. - established constitutional right to an attorney for a young mother facing termination of her parental rights.
• State v. Russo - overturned conviction for a journalist recording police operations in the public based on the First Amendment's freedom of the press.
• State v. Garcia - set aside 20-year sentence for client after the prosecution breached the plea agreement before sentencing.
• People of Guam v. Santos - set aside convictions of bribery and first-degree sexual assault based on violations of Double Jeopardy rights and territorial statutory violations.  
• State v. Barrios - overturned a 100-year sentence for the lower court's statutory violations and judicial indiscretion.
• State v. Anderson - won a new trial when the appellate court ruled that the police violated client's Miranda rights and the lower court refused to let him present evidence supporting his defense.