State of New Hampshire v. Joshua Dube

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