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State v. Barnes4/16/2004
court should order a new trial if the records exist, unless the State proves that the defendant's inability to use the records in the first trial was harmless beyond a reasonable doubt. See Amirault, 149 N.H. at 545. We cannot presently determine whether the trial court's error was harmless beyond a reasonable doubt because the existence and content of the records are unknown.
Finally, to the extent the defendant may be arguing that a different standard applies to these circumstances under either the State or Federal Constitution, he has not adequately developed the argument and we deem it waived. See Allen v. State of N.H., 147 N.H. 243, 248-49 (2001).
Vacated and remanded.
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