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State v. Brown12/18/1998
Merrimack
The defendant, Robert Brown, appeals his conviction for driving while intoxicated -- second offense. RSA 265:82 (1993) (amended 1993, 1995, 1996). He argues that the Superior Court (McGuire and Manias, JJ.) erroneously denied his requests for transcripts of prior proceedings and the hearing on the motion to suppress in his case. We reverse and remand.
The defendant was arrested in November 1993 and charged with driving while intoxicated -- second offense. His driver's license was suspended at an administrative license suspension hearing (ALS hearing) before the division of motor vehicles. The defendant appealed, and the Merrimack County Superior Court affirmed the suspension (ALS appeal). The defendant also was tried on the criminal charge in the Concord District Court (district court trial). At each of the above proceedings, the defendant was represented by privately retained counsel. To assist in his defense, the defendant paid for a transcript of the ALS hearing.
Following a guilty verdict in the district court trial, the defendant took a de novo appeal of the criminal charge to the Merrimack County Superior Court. See RSA 592-A:2 (1986). The superior court found the defendant indigent and appointed new counsel to represent him in the criminal appeal. Before trial, defense counsel requested funds for transcripts of the ALS appeal and district court trial. In his motion, the defendant cited inconsistencies in the testimony of the police officers involved in the ALS hearing, ALS appeal, and district court trial, and alleged value for cross-examination and impeachment as the basis of his need for the transcripts. The Superior Court (McGuire, J.) denied the request without prejudice to its renewal "if defendant makes a showing of the value of the transcripts to him." Specifically, the court stated that the defendant possessed a transcript of the ALS hearing and had not demonstrated why that transcript was not adequate for impeachment purposes. The court also mentioned that the defendant failed to articulate any inconsistencies in the State's witnesses' testimony among the prior proceedings.
In response, the defendant submitted a motion for reconsideration supported by his former attorney's affidavit. The attorney attested that although he had little specific recollection of testimony at the prior proceedings, he could recall inconsistencies in the testimony of the State's witnesses among the three prior proceedings. The attorney further stated that he could not remember specifically what those inconsistencies were.
The court denied the defendant's motion for reconsideration. The Superior Court (Manias, J.) also denied the defendant's request for a transcript of the hearing on his motion to suppress, citing reasons previously given by the court. After a jury trial at which the arresting officer appeared as the only witness for the State, the defendant was found guilty of driving while intoxicated. This appeal followed.
On appeal the defendant contends that denying him access to transcripts of prior proceedings offends principles of equal protection, due process, and effective assistance of counsel under both the State and Federal Constitutions. We address the defendant's claim under our State Constitution, see State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), using federal case law only to aid in our analysis, see State v. Jaroma, 139 N.H. 611, 613, 660 A.2d 1131, 1132 (1995). "As we find the protection the defendant seeks under our own constitution, we make no independent federal analysis." State v. Goodnow, 140 N.H. 38, 40, 662 A.2d 950, 951 (1995).
We have recognized that regardless of a defendant's abi
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