Supreme Court of New Hampshire

State of New Hampshire v. Joseph Gorman

October 24, 2023

Summary

The court held that the defendant established the threshold showing required for in camera review of the victim's confidential counseling records because the victim's contemporaneous statements reasonably suggested that she was discussing the alleged assault in therapy. The trial court therefore erred by denying review, and the case was remanded for review of the counseling records and possible review of hospitalization records. If discoverable evidence is found, the trial court must allow the parties to address whether a new trial is warranted.