Petition of the State of New Hampshire (State v. Theodosopoulos) (New Hampshire 2006)

Summary

The court denied the State’s petition for certiorari and upheld an order requiring the prosecutor to review a police officer’s confidential personnel file for exculpatory information concerning credibility or use of police vehicles. Because the defendant sought only constitutionally discoverable exculpatory evidence, the statutory probable-cause threshold and mandatory in camera review for broader personnel-file discovery did not apply.

Holding

Whether the district court could order prosecutorial review of the officer’s confidential personnel file for limited exculpatory information without the statutory probable-cause and in camera procedures.. The district court acted within its authority. A defendant is constitutionally entitled to exculpatory information in a police officer’s confidential personnel file, including information bearing on credibility or impeachment, and the statutory probable-cause finding and subsequent in camera review are not required when the request is limited to that constitutionally discoverable material.

Summary

Holding

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