State of New Hampshire v. Joshua Dube

• Court: Supreme Court of New Hampshire
• Decided: October 14, 2016
• Docket: 2015-0690
• Status: Unpublished

Opinion

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2015-0690, State of New Hampshire v. Joshua Dube, the court on October 14, 2016, issued the following order:

Having considered the brief, the memorandum of law, and the record submitted on appeal, we conclude that oral argument is unnecessary in this case. See Sup. Ct. R. 18(1). We affirm.

The defendant, Joshua Dube, appeals his conviction, following a jury trial in Superior Court (Bornstein, J.), on a charge of aggravated felonious sexual assault. See RSA 632-A:2, I (2016). He posits that the trial court “may have erred in failing to disclose material . . . that was submitted for in camera review.”

We review the trial court’s decision to withhold materials submitted for in camera review for an unsustainable exercise of discretion. State v. Alwardt, 164 N.H. 52, 58 (2012). Based upon our review of the subject material, we are satisfied that the portions withheld contain no information that would have been of assistance to the defense and that the trial court sustainably exercised its discretion in declining to disclose them. See id.

Affirmed.

Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.

Eileen Fox, Clerk