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03/05/93 STATE NEW HAMPSHIRE v. BERTRAND DELONG

March 5, 1993

THE STATE OF NEW HAMPSHIRE
v.
BERTRAND DELONG



SYLLABUS BY THE COURT

1. Discovery--Generally--Review

Trial court has inherent authority to exercise sound discretion in pre-trial discovery matters; an error in exercise of that discretion is not reversible unless shown to be prejudicial to substantive rights of defendant.

2. --Right to Fair Trial--Particular Cases

Court at trial for criminal mischief and criminal threatening did not err in allowing testimony of witness not found until time of trial; there was no unfair surprise to defendant where testimony was not complex, lasted only six minutes and presented no new information, and where trial court gave defendant's attorney an opportunity to interview witness before she took the stand and permitted extensive cross-examination once she had testified.

3. --Right to Fair Trial--Particular Cases

Defendant at trial for criminal mischief and criminal threatening was not prejudiced by prosecutor's failure to correctly identify new witness, where upon learning of new witness on eve of trial, prosecutor attempted to contact defendant's attorney but was unable to do so, confusion regarding witness names after start of trial did not by itself put defendant in a less favorable ...


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