State v. Martineau

This is an interlocutory transfer without ruling from the Berlin District Court (Patten, J.), see SUP. Ct. R. 9, asking what class of criminal actions may be instituted and prosecuted by a citizen without authorization from a prosecuting authority. Because we conclude that New Hampshire common law prevents a private complainant from prosecuting a class A misdemeanor, which is the charge at issue in this case, we do not reach the broader constitutional question of whether private prosecutions by an interested party violate a criminal defendant’s due process rights.

“We accept the statement of…