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IN RE GRAND JURY SUBPOENA (MEDICAL RECORDS OF PAYNE)

Nos. 2002-384, No. 2002-390, No. 2002-643.

150 N.H. 436 (2004)

IN RE GRAND JURY SUBPOENA FOR MEDICAL RECORDS OF CURTIS PAYNE. IN RE GRAND JURY SUBPOENA FOR MEDICAL RECORDS OF SCOTT CARTA. THE STATE OF NEW HAMPSHIRE v. GREGORY BARKA.

Supreme Court of New Hampshire.

Opinion Issued: January 6, 2004.

Attorney(s) appearing for the Case

Peter W. Heed, attorney general (James D. Rosenberg, assistant attorney general, on the brief and orally), for the State.

Law Offices of Paul S. Moore, of Nashua (Ghazi D. Al-Marayati on the brief and orally), for defendant Scott Carta.

Dawnangela Minton, assistant appellate defender, of Concord, on the brief and orally, for defendants Gregory E. Barka and Curtis Payne.

McDonough & O'Shaughnessy, P.A., of Manchester (Robert G. Whaland and Robert J. Meagher on the brief), for defendant St. Joseph Hospital.

BRODERICK, C.J.

In these consolidated appeals, the defendants, St. Joseph's Hospital, Scott Carta, Gregory Barka and Curtis Payne, challenge the Superior Court's (Galway, J.) decision allowing the State access to the parties' privileged medical records for the purpose of establishing the "serious bodily injury" element of felony aggravated driving while intoxicated. See RSA 265:82-a, I(b), II(b) (2002); RSA 265:82-b, I(c) (2002); RSA 625:11, VI (1996...

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