Cited by

Hoffa, 385 U.S. at 311 (“the use of secret informers is not per se unconstitutional”); State v. Lewis, 129 N.H. 787, 798 (1987) (same).

The failure of the police to do something that was not required cannot be grounds to render the defendant’s confession involuntary.

State v. Lewis, 129 N.H. 787, 799, 533 A.2d 358, 366 (1987) (discovery); State v. Patten, 137 N.H. 627, 629, 631 A.2d 921, 922 *181 (1993) (admissibility of evidence).

State v. Lewis, 129 N.H. 787, 796, 533 A.2d 358, 364 (1987); Mello, 649 N.E.2d at 1115; cf Gagnon, 139 N.H. at 178, 651 A.2d at 7 (defendant’s mental and physical conditions rendered waiver invalid).

We reverse the trial court’s ruling only if the trial court abused its discretion.

State v. Gravel, 135 N.H. 172, 176, 601 A.2d 678, 681 (1991); see also State v. Lewis, 129 N.H. 787, 796-97, 533 A.2d 358, 364 (1987) (Miranda imposed no obligation on police where defendant, who was not in custody, requested a lawyer); State v. Sheila Portigue, 125 N.H. 338, 345, 480 A.2d 896, 900-01 (1984) (police need not honor defendant’s assertion of right to silence or counsel where defendant was not in cust

We cannot say that the trial court’s finding that the defendant waived his right, to counsel was against the weight of evidence.

To successfully establish an abuse of discretion the defendant must demonstrate by clear and convincing evidence “that his request to the court included as complete a showing of necessity for the desired services as could be expected of him, and that the denial of funds substantially prejudiced him at trial.” State v. Lewis, 129 N.H. 787, 798, 533 A.2d 358, 365 (1987).

Moreover, such a showing is required to warrant the Court’s conducting an in camera review of the records.

On appeal, the defendant must establish that the trial court abused its discretion, State v. Lewis, 129 N.H. 787, 799, 533 A.2d 358, 366 (1987), in refusing to give her access to the psychiatric records.

State v. Lewis, 129 N.H. 787, 799, 533 A.2d 358, 366 (1987) (discovery generally subject to trial court’s discretion); see also United States v. Valera, 845 F.2d 923, 927 (11th Cir. 1988), cert.

Such a finding is entitled to stand unless it is contrary to the manifest weight of evidence, as viewed in the light most favorable to the State.

State v. Torres, 130 N.H. 340, 344, 540 A.2d 1217, 1220 (1988); State v. Lewis, 129 N.H. 787, 791, 533 A.2d 358, 361 (1987) (citations omitted).

State v. Lewis, 129 N.H. 787, 791, 533 A.2d 358, 361 (1987); State v. Copeland, 124 N.H. 90, 92, 467 A.2d 238, 240 (1983).

The trial court’s findings in such areas are ordinarily upheld as a matter of course unless clearly erroneous.

The record contains no indication that the defendant’s remark followed either express questioning or the functional equivalent of interrogation described in Rhode Island v. Innis, 446 U.S. 291, 301 (1980).

Rhode Island v. Innis, 446 U.S. 291, 301 (1980); State v. Lewis, 129 N.H. 787, 795-96, 533 A.2d 358, 363 (1987).

State v. Lewis, 129 N.H. 787, 791, 533 A.2d 358, 361 (1986); State v. MacDonald, 129 N.H. 13, 21, 523 A.2d 35, 39 (1986).

.’” Guaraldi, supra at 100, 467 A.2d at 237 (quoting State v. Boisvert, 119 N.H. 174, 178, 400 A.2d 48, 51 (1979)).

State v. Lewis, 129 N.H. 787, 791, 533 A.2d 358, 360-61 (1987); State v. Bushey, supra at 999, 453 A.2d at 1267; R. McNamara, 1 New Hampshire Practice, Criminal Practice and Procedure § 199 (1980 & Supp. 1987).