Supreme Court of New Hampshire

Doe v. N.H. Attorney Gen. (Activity Logs)

September 5, 20242024 N.H. 50

Summary

The Supreme Court of New Hampshire reversed the Superior Court’s grant of the defendants’ motion to dismiss, holding that the trial court erred because the record did not establish whether the plaintiffs’ inflated activity‑log entries constitute “potentially exculpatory” evidence under RSA 105:13‑d. The Court defined “potentially exculpatory” as evidence reasonably capable of being material to guilt or punishment and instructed the lower court to consider the age and nature of the conduct on remand. A dissent argued the majority narrowed the statutory term improperly.