State of New Hampshire v. Shawn Carter

This is an interlocutory appeal by the defendant, Shawn Carter, from a decision of the Superior Court (O’Neill, J.) denying his motion for pre-indictment discovery pursuant to RSA 604:l-a (2001), on the ground that the statute violates the separation of powers provision of Part I, Article 37 of the New Hampshire Constitution because it conflicts with Superior Court Rule 98. We reverse and remand.

I

The pertinent facts are not in dispute. On July 10, 2013, the State filed four complaints against the defendant in the circuit court. Two complaints charged him with alternative counts of knowing or…