State of New Hampshire v. Steven Laux

The State appeals an order of the Circuit Court (Tenney, J.) dismissing the habitual offender prosecution of the defendant, Steven Laux, based upon the State’s failure to provide discovery prior to the preliminary, or probable cause, hearing in accordance with the court’s standing discovery order. * We reverse and remand.

The following facts are supported by the record or are undisputed by the parties. The defendant was arrested for driving while certified as a habitual offender, a felony-level offense. See RSA 262:23,1 (2014). A probable cause hearing was scheduled for April 21, 2014. Prior…