State of New Hampshire v. Timothy R. Verrill

Summary

The New Hampshire Supreme Court affirmed the trial court’s denial of the defendant’s motions to dismiss the indictments with prejudice, holding that the State’s discovery violations did not constitute the specific intent required to bar retrial under the double jeopardy clauses. It also held that dismissal with prejudice was not required under the due process clauses because the violations, while serious, did not cause actual prejudice that could not be cured by a new trial. The Court vacated the trial court’s refusal to make additional factual findings and remanded for further proceedings on that issue.