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State of New Hampshire v. Courtemarche5/14/1998
is used to inflict confusion, harassment, or other unfair prejudice upon a defendant. See, e.g., State v. MacLeod, 141 N.H. 427, 434, 685 A.2d 473, 479 (1996) (recognizing trial court's authority to curb overcharging by prosecutor that constitutes harassment); see also State v. Gosselin, 117 N.H. 115, 119, 370 A.2d 264, 268 (1977). Unlike sweeping administrative objectives, however, the exercise of this authority requires individual, case-by-case decision- making, and is more likely to safeguard the rights of the parties. Consequently, the district court's reliance on an administrative objective is misplaced.
We recognize the difficulties encountered by our trial courts in the efficient administration of their dockets. Where their efforts to ease the burden inappropriately affect a defendant's rights or the State's discretion, however, their actions will not survive judicial review. Such is the case here.
Reversed.
All concurred.
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