STATE v. MISKELL

No. 81-414.

122 N.H. 842 (1982)

THE STATE OF NEW HAMPSHIRE v. THOMAS MISKELL.

Supreme Court of New Hampshire.

September 10, 1982.


Attorney(s) appearing for the Case

Kahn, Brown, Bruno & Durmer, of Nashua (Kenneth M. Brown on the brief and orally), for the prosecutrix.

Brown & Nixon P.A., of Manchester (Frank E. Kenison on the brief and orally), for the defendant.


BATCHELDER, J.

This appeal raises the issue of the application of the rape shield statute (RSA 632-A:6 (Supp. 1981)) to questions asked of a prosecutrix in a rape case during a discovery deposition. The Trial Court (Dunn, J.) granted a motion to compel answers to the deposition, and this interlocutory appeal followed. Because RSA 632-A:6 is applicable to the discovery process, we reverse the trial court's order and remand.

The prosecutrix has alleged...

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