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State v. Brown12/18/1998
f the arresting officer were critical issues in the criminal appeal, transcripts of the ALS appeal and district court trial were valuable tools to which defense counsel should have had access. Cofske, 129 N.H. at 136, 523 A.2d at 104. Because the trial court denied the defendant's requests for the transcripts, we hold the defendant's right to due process was violated. See id.
Given this ruling, it is unnecessary for us to respond to the defendant's contention that he was unlawfully denied access to a transcript of the suppression hearing. If the defendant, upon remand, moves for a suppression hearing transcript, we leave it to the trial court to decide the motion in the first instance in accordance with the standards set forth herein.
As in Cofske, 129 N.H. at 136, 523 A.2d at 104, we decide this case on due process grounds. In light of the result reached on these grounds, we do not address the equal protection issue raised by the defendant, nor do we address the ineffective assistance of counsel issue raised in relation to the need for transcripts.
Reversed and remanded.
All concurred.
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