State v. MacDonald

The State filed a petition for writ of certiorari, see Sup. Ct. R. 11, challenging an order of the Superior Court (Brown, J.) granting the parties access to medical and mental health records of K.H. We reverse and remand.

The record supports the following facts. In July 2009, the Strafford County Grand Jury indicted the defendant, Richard MacDonald, on one count of aggravated felonious sexual assault, alleging that he engaged in sexual penetration with K.H., a person whom he knew to be mentally defective. See RSA 632-A.-2, 1(h) (2007). On April 16, 2010, the defendant filed a motion seeking an…