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STATE (PREMO COMPLAINANT) v. MARTINEAU

No. 2001-681.

148 N.H. 259 (2002)

THE STATE OF NEW HAMPSHIRE (RITA PREMO, COMPLAINANT) v. ANGELA MARTINEAU

Supreme Court of New Hampshire.

Opinion Issued: September 6, 2002.

Attorney(s) appearing for the Case

Rita Premo, pro se, filed no brief.

Christopher M. Johnson, chief appellate defender, of Concord (Mr. Johnson and David M. Rothstein, deputy chief appellate defender, on the brief, and Mr. Johnson orally), for the defendant.

Philip T. McLaughlin, attorney general (Stephen D. Fuller, assistant attorney general, on the brief and orally), for the State, as amicus curiae.

BROCK, C. J.

This is an interlocutory transfer without ruling from the Berlin District Court (Patten, J.), see SUP. CT. R. 9, asking what class of criminal actions may be instituted and prosecuted by a citizen without authorization from a prosecuting authority. Because we conclude that New Hampshire common law prevents a private complainant from prosecuting a class A misdemeanor, which is the charge at issue in this case, we do not reach the broader...

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