Prior to being dismissed, a witness is subject to recall by either party. Worthley has a previous conviction for a misdemeanor in 2016. For offenses punishable by death, the defendant shall be accorded, in addition to challenges for cause, no fewer than twenty peremptory challenges; the State shall be afforded, in addition to challenges for cause, no fewer than ten peremptory challenges. The indictments allege he retained a stolen vehicle worth more than $1,500, shoved K.M. to the ground and robbed her of $200, and in fleeing in the vehicle from Manchester police, crashed into a parked vehicle and then a tree while K.M. was a passenger in the vehicle. The penalty for intent to sell a controlled drug is 3 to 7 years in state prison and a $200,000 fine for each count. (c) Electronic Case Filing Surcharge $20.00. Any such reduction shall be without prejudice to the defendant's right to a further bail hearing, with counsel present, as specified in subsections (d) or (e) of this rule. On Aug. 29, 2021, he is accused of placing S.P. in danger of serious bodily injury when he discharged a firearm in the direction of S.P.. The Courthouse will be on your right, in the Opera House Building, across from Lake Sunapee Bank. As provided by law, a defendant who has been convicted of a crime capable of being annulled may apply to the court in which the defendant was convicted to annul the conviction. Anfernee King, 23, of Dubuque Street, second-degree assault, criminal restraint, criminal threatening and being a felon in possession of a dangerous weapon, a Ruger pistol. The discharge of the defendant shall not preclude the state from instituting a subsequent prosecution for the same offense or another offense. Where a defendant in a criminal case has filed a financial affidavit and has been determined to be eligible for court-appointed counsel in the circuit court, the defendant shall not be required to file a new financial affidavit upon the appeal or transfer of the same case to the superior court unless facts are brought to the courts attention indicating that there has been a substantial change in the defendants financial circumstances. (k) Unless otherwise ordered by the presiding justice, the following standing orders shall apply to all recording, photographing or broadcasting of proceedings within any courtroom: (1) No flash or other artificial lighting devices shall be used. The New Hampshire Supreme Court has held that once a videotaped trial deposition has been taken under RSA 517:13-a, it is not per se admissible at trial; rather, the court must make a specific finding at the time of trial that the deponent continues to be unavailable to testify for Confrontation Clause purposes. Property Information - parcel #, lot #, taxes, liens, zoning ordinances, etc. One witness tampering charge accuses Bemis of attempting to have a witness withhold information after she confronted him about sexually assaulting her daughter. Some questions cannot be asked in a court of law because of certain legal principles. (14) (A) Review may be sought for any state prison sentence resulting from a finding of guilty following trial, or as a result of entering a plea of guilty, or a finding of guilty following a plea of nolo contendere, where there is no agreement between the State and the defendant limiting the sentence to less than the maximum which could be imposed under the law (a so-called "naked plea"). The court may waive the requirements of this rule for good cause shown. Many, if not most should be considered armed and dangerous. Jurors will be asked to put their seat number on the back of the question. (5) Objections; Offers of Proof. (c) Any person desiring to photograph, record, or broadcast any court proceeding, or to bring equipment intended to be used for these purposes into a courtroom, shall submit a written request to the clerk of the court or his or her designee, who, in turn, shall deliver the request to the presiding justice before commencement of the proceeding, or, if the proceeding has already commenced, at the first reasonable opportunity during the proceeding, so the justice before commencement of the proceeding, or at an appropriate time during the proceeding, may give all interested parties a reasonable opportunity to be heard on the request. This page provides information about Court Dockets and Calendars resources in New Hampshire.Links are grouped by those that cover courts statewide, for multiple counties, and then by individual county. (f) Copy of Complaint. These cookies will be stored in your browser only with your consent. The defendant also has the right to present witnesses and evidence, and to testify with regard to the sentence to be imposed. (1) At the defendant's first appearance before the court, the court shall inform the defendant of his or her ability to obtain discovery from the State. She had been released pursuant to a felony punishable by a term of imprisonment of more than a year and less than 15 years. The guardian ad litem shall not be subject to the fine under this rule if, at least ten days prior to the date the report is due, he or she files a motion requesting an extension of time to file the report. In spite of recognizing the Sgt. There shall be no filing fee for such a motion. The Sullivan County Grand Jury indicted Christopher Reamon, 40, of Unity, with knowingly engaging in the strangulation of another on Aug. 27, 2019. A party may seek reduction, suspension or amendment of a sentence as provided by law. (iii) if the defendant requests sentence review, the sentence may be increased, decreased, modified or affirmed. On Feb. 27, 2022, Magie is accused of coercing a woman to perform fellatio after placing a firearm on the bed next to her and grabbing her by the neck and demanding she perform the sex act. (1) The court shall make a written finding on the issue of probable cause. Any victim or other witness who was sixteen years of age or under at the time of the offense may also move to take videotape trial testimony. This rule shall not apply to confidential or privileged documents submitted to the court for in camera review as required by court rule, statute or case law. This rule shall not limit the right of the defendant to testify concerning the alibi notwithstanding the failure to give notice. The notice of alibi shall be signed by the defendant and shall state the specific place where the defendant claims to have been at the time of the alleged offense, and the names and addresses of the witnesses upon whom the defendant intends to rely to establish such alibi. Counsel shall be prepared to discuss the impact of known charges being brought against the defendant in other jurisdictions, if any. (A) Whenever a motion to suppress evidence is filed before trial in any criminal case, the court will determine, in its discretion, whether to hear the motion in advance of trial or at the trial when the evidence is offered. (b) Superior Court. (8) Upon indictment or finding of probable cause, the complaint shall be so marked, and the clerk of the Circuit Court shall thereafter send to the clerk of the Superior Court any bail or bond pertaining thereto, along with a copy of such complaint where possible. Kayla Sullivan. (a) Whenever a defendant, a witness, or a non-party individual having a significant interest in a court proceeding as defined by the Judicial Branchs Language Services Plan, requires the assistance of an interpreter in order to testify or understand proceedings in court, the court shall arrange for the participation of an interpreter who meets the qualifications set forth in the Language Services Plan. Barry was released on her own recognizance on July 8, 2019. Photographing, Recording, and Broadcasting, Rule 47. He was also indicted on charges of possessing fentanyl and cocaine base. The second interpreter would provide interpretation of confidential attorney-client communications, when the attorney is not fluent in the defendants language. Either party may refer to the contents, recommendations and attachments of the pre-sentence report in any sentence-related hearing, except where the court has ordered otherwise on the motion of a party or sua sponte. (c) Arrest. 3, criminal threatening. If you were summoned for December 5, 2022 your additional reporting dates are here. She failed to surrender for service of a sentence at the house of corrections beginning on May 9 as directed by the sentencing order. The Rules of Evidence shall not apply at the hearing. Havlir, 57, of Claremont was arrested for receiving benefits to which she was not entitled between Dec. 1 2013 and Dec. 23, 2015. (C) The State, defendant, and defendants counsel, if any, shall appear at the dispositional conference. (C) Information for which a party can establish a specific and substantial interest in maintaining confidentiality that outweighs the strong presumption in favor of public access to court records. (1) If the defendant is not detained prior to arraignment, his or her arraignment shall be scheduled no earlier than thirty-five (35) days from the time of his or her release with a written summons or by the bail commissioner, unless otherwise required by law, by administrative order or requested by a party. A Grand Jury considers evidence presented by the County Attorney or the Attorney General and decides whether there is sufficient evidence to formally charge a person with committing a crime. Roger L. Cass, 25, of 410 Marshall Hill Rd., Columbia was indicted on a charge of operating a motor vehicle after certification as a habitual offender. 11 RULE 5. See Apprendi v. New Jersey, 530 U.S. 466 (2000); State v. Russell, 159 N.H. 475 (2009). All grounds for recusal that are known or should reasonably be known prior to trial or hearing shall be incorporated in a written motion for recusal and filed promptly with the court. Upon entry of a plea of not guilty, the case shall be scheduled for a dispositional conference. No motion seeking discovery of any of the materials required to be disclosed by paragraphs (b)(1), (b)(2) or (b)(4) of this rule shall be accepted for filing by the clerk of court unless said motion contains a specific recitation of: (A) the particular discovery materials sought by the motion; (B) the efforts which the movant has made to obtain said materials from the opposing party without the need for filing a motion; and (C) the reasons, if any, given by the opposing party for refusing to provide such materials. (a) In any superior court case alleging a sex-related offense in which a minor child was a victim, the court shall allow the use of anatomically correct drawings and/or anatomically correct dolls as demonstrative evidence to assist the alleged victim or minor witness in testifying, unless otherwise ordered by the court for good cause shown. (D) The court finds by clear and convincing evidence that the potential for conflict is very slight. Low near 25F. With regard to the timing of State appeals, the Supreme Court has held that the provisions of Supreme Court Rules 7 through 9 apply to State appeals as well as to defense appeals. This rule shall not apply to ex parte pleadings and shall not require a party to provide duplicate copies of documents already in another partys possession. The Supreme Court adopts these rules pursuant to Part II, Article 73-A of the New Hampshire Constitution. The defense shall respond to the States offer no later than ten (10) days after receipt. On March 27, 2020, Remillard allegedly threatened four people with a knife. CONCORD, NH The following people were indicted recently in Merrimack County Superior Court. No photographs of jurors or prospective jurors shall be allowed. N-4, Kingsport, aggravated burglary, forgery, two counts theft of $500 or less. The court cannot grant use immunity sua sponte under the immunity statute. (d) A no contact order in a domestic violence, stalking, or similar matter shall not prevent either party from filing appearances, motions, and other appropriate pleadings. While Trump is considered an early frontrunner for the Republican presidential nomination, he faces challenges: the public hearings of the U.S. House Select Committee on the January 6 Attack have damaged public opinion towards him; Florida Governor Ron DeSantis raised more campaign funds in the first half of 2022; Democrats may attempt to invoke the . On Jan 31, 2022, Brodeur is accused of threatening M.H. and F.D. with a BB gun. State v. Farrow, 118 N. H. 296, 307 (1978); State v. Prevost, 105 N.H. 90 (1963). (19) If the Sentence Review Division orders a different sentence, the Division shall issue a written order confirming the new sentence as modified. Separate motions must be filed. The court shall read the indictment or complaint to the defendant or state to the defendant the substance of the charge. (f) Subpoena duces tecum. David Perez, 33, of Lincoln Avenue, Nashua, attempting to take a gun from a law enforcement officer. The Sullivan County Superior Court is located at 22 Main Street, Newport. You have permission to edit this article. (ii) not less than 45 days prior to jury selection, a party seeking to offer evidence of other crimes, wrongs, or acts pursuant to Rule of Evidence 404(b), must file a motion to admit such evidence. Winds light and variable. (c) Misdemeanor Appealed to Superior Court. If the defendant is charged with a felony, the defendant shall not be called upon to plead. These rules govern the procedure in circuit court-district division and superior courts when a person is charged as an adult with a crime or violation. (iv) Unusual circumstances causing the respective courts to agree that an order of precedence other than the above shall take place. (1) The state may present proof by way of sworn affidavit or by oral testimony. The idea was incorporated in the Fifth Amendment to the United States Constitution. Take a right at end of exit ramp onto Route 103 West. (4) Acknowledgment and Waiver of Rights Forms. If the presiding justice has determined that pool coverage will be required, it is the sole responsibility of such media representatives, with assistance as needed from the clerk or his or her designee, to determine which media organization will provide the coverage feed. Follow Route 103 West all the way to Newport. (9) (A) The Secretary shall contact the Clerk of the Sentencing court to arrange for production to the Sentence Review Division of a transcript of the sentencing hearing and of the materials set out in Sentence Review Division Rule 16. Not less than sixty calendar days prior to jury selection if the case originated in Superior Court or not less than thirty calendar days prior to jury selection if the case originated in Circuit Court-District Division or, in the case of a pretrial evidentiary hearing, not less than three calendar days prior to such hearing, the defendant shall provide the State with copies of or access to all books, papers, documents, photographs, tangible objects, buildings or places which are intended for use by the defendant as evidence at the trial or hearing. Please disable your ad blocker, whitelist our site, or purchase a subscription. Thank you for signing in! At its option, the defense may make an opening statement. Tyler Finley, 20, of Pleasant Street, Antrim, five counts of aggravated felonious sexual assault. Dylan AJ Beaton, 31, of Sherwood Drive, Litchfield, 12 counts of nonconsensual dissemination of private images. (b) The court clerk shall report to the guardian ad litem board all guardians ad litem who fail to file a report by the date the report is due. The Sulllivan County Grand Jurors indicted Justin Gunnip, 32, of Unity, with purposely obstructing a camera Aug. 17 at the Sullivan County House of Corrections to prevent it from recording an incident, so that the recording could not be used as evidence. If submitted, such statement shall be furnished to the parties prior to the date of any hearing before the Sentence Review Division. The charge is a Class B felony offense. (B) The nature of the case to be presented. Upon application of any person the court may issue appropriate protective orders and/or sanctions as justice may require. An indirect criminal contempt shall be prosecuted with notice. Your purchase was successful, and you are now logged in. Contemporaneously with the furnishing of such witness list and to the extent not already provided pursuant to paragraph (b)(1) of this rule, the State shall provide the defendant with all statements of witnesses the State anticipates calling at the trial or hearing. To view previous press releases, see archived press releases. The court shall also make findings in writing or on the record of the facts upon which the court has made its determination that the defendant has willfully failed to pay the assessment or perform community service as ordered. (1) Jurisdiction. Beattie allegedly discharged a firearm in close proximity to another person in an attempt to place that person in fear of imminent bodily injury. (a) Before and During Trial. When objecting or responding to an objection, counsel shall state the basis for the objection or response. Newport, NH 03773, Clerk: Brendon C. ThurstonPhone: 1-855-212-1234 Only one attorney shall argue for each party except by leave of the court. An email message containing instructions on how to reset your password has been sent to the e-mail address listed on your account. Please remember that you are under no obligation to ask questions, and questions are to be directed only to the witness. In any such deferral or order of periodic payment, the court shall, pursuant to RSA 490:26-a, II-a, include a $25.00 fee to be added to the assessment. Counsel should ordinarily be trial counsel below. If the record does not reflect that a plea is voluntarily and intelligently made, it may be withdrawn as a matter of federal constitutional law. (5) At the bench, the judge and counsel will read the proposed questions. The court may prohibit the use of any equipment that requires the laying of cords or wires that pose a safety hazard or impair easy ingress and egress from the courtroom. If a hearing is held in advance of trial, neither the prosecution nor the defendant shall be entitled to a further hearing by the court on the same issue at the trial. In addition to a transcript of the sentencing hearing, the Division will require the production of the following material if it was considered by the sentencing judge in the imposition of sentence: (B) Any other records, documents or exhibits preserved in the record of the sentencing hearing. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberations or may be discharged. The amendments adopted on December 22, 2022, and taking effect on March 1, 2023, apply only to cases filed on or after March 1, 2023. For rules governing motions to continue in Circuit Court-District Division, see Circuit Court-District Division Rule 1.8-A. He also is accused of hiding the gun he fired and throwing a sweatshirt he wore in the trash before fleeing the scene. Her previous convictions may include an additional penalty of 3 to 7 years in prison and a $4,000 fine. (B) Alibi. The defense may provide a brief written statement of the factual background to the personnel performing the evaluation. The charges stem from March 26, 2019, to March 26, 2020, and involve a child who was 10-years-old when the alleged abuse began. (a) Summoning Grand Juries. Also, if a particular question cannot be asked, you must not speculate about what the answer might have been. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurred before October 1, 2017 shall be initiated in circuit court. Such notice shall be on a court-approved form. It is within the court's discretion to permit jurors to take notes. Upon a sufficient showing of good cause, the court may at any time order that discovery required hereunder be denied, restricted, or deferred, or make such other order as is appropriate. (1) In any case in which a road or way is alleged to be a way, as defined in RSA 259:125, or a public highway, a party shall notify the opposing party or counsel at least ten days prior to trial if said way or public highway must be formally proved; otherwise, the need to formally prove said way or public highway will be deemed to be waived. No racism, sexism or any sort of -ism Michael Fantasia, 31, homeless, arson, reckless conduct, use of a Molotov cocktail and felon in possession of a dangerous weapon. (2) Assigned Docketing. (a) By Agreement. (B) It is the responsibility of the filing party to ensure that confidential information is omitted or redacted from a document before the document is filed. The court, in its discretion, may grant such a motion after trial commences. In trials involving multiple charges, the number of peremptory challenges shall be the number of challenges allowed for the most serious offense charged. (a) No witnesses, police personnel, prosecutors, defense counsel or defendants shall be permitted into a clerk's office or judge's chambers, except when necessary and as authorized by the court. (6) Re-Examining and Recalling Witnesses. (4) Transcripts. To conduct ourselves in a professional manner and treat all offenders with respect, offering them the opportunity to better themselves through programming, education and counseling. The prosecution shall present evidence first in its case-in-chief. (5) Objections; Offers of Proof. On June 10, 2021, Perez Medina is accused of striking S.R.C. in the body while S.R.C. was on the ground. James G. Stone, 42, 631 Chadwell Road, Kingsport, was indicted in a total of three cases on one count of failure to appear, two violations of an order of protection, and one count of resisting arrest. The court in its discretion may permit either party to take the deposition of any witness, except the defendant, in any criminal case upon a finding by a preponderance of the evidence that such deposition is necessary: (1) To preserve the testimony of any witness who is unlikely to be available for trial due to illness, absence from the jurisdiction, or reluctance to cooperate; or. (f) Sentencing. See, e.g., State v. Sargent, 148 N.H. 571 (2002); State v. Howe, 145 N.H. 41 (2000); State v. Hilton, 144 N.H. 470 (1999); State v. Ellsworth, 142 N.H. 710 (1998); State v. Chick, 141 N.H. 503 (1996); State v. Rhoades, 139 N.H. 432 (1995). On Feb. 2, 2022, he is accused of firing a gun in the residential area of Dionne Drive. Oral testimony, if submitted, shall be under oath and recorded. Plain error that affects substantial rights may be considered even though it was not brought to the court's attention. (2) A confidential document shall not be included in a pleading if it is neither required for filing nor material to the proceeding. The provisions of Rule 35 are consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rules1.1A (Computation and Extension of Time), 1.3 (Attorneys) and 1.3-A (Pleadings Copies to all parties). As a court may do when considering an obligors ability to pay child support, alimony, or other indebtedness, the court also may consider: (1) spousal, partner and family income or assets to the extent they are available to the defendant; (2) the defendants ability to access credit; and (3) the diligence exercised by the defendant in pursuing employment or other means of satisfying his financial obligations. K-1. Be Nice. Documents so furnished may have on their signature lines a copy of counsel's signature, a facsimile thereof, /s/ [counsel's name] as used in the federal ECF system, or similar notation indicating the document was signed. Low near 25F. (C) Not later than ten calendar days before the final pretrial conference or, in the case of a pretrial evidentiary hearing, not less than two calendar days prior to such hearing, the defendant shall provide the State with a list of the names of the witnesses the defendant anticipates calling at the trial or hearing. A subpoena for witnesses located outside the state shall be issued in accordance with RSA ch. (e) Gerstein Determination. Thank you for reading! (d) After a hearing, for good cause shown, and if not otherwise prohibited by court rules or law, the court may order disclosure of additional information necessary for the evaluation. (2) A defendant charged with a class B misdemeanor or violation for which an appearance is mandated may waive arraignment if he or she files with the court prior to the date of arraignment a written waiver signed by the defendant. Several defendants facing drug charges were also indicted. Candidates Declared major candidates. Julie A. Delisle, 52, of 8 Wilfred St., Gorham was indicted on two . Within ten days after an order under RSA 135:17 for a competency or sanity evaluation of a defendant in a criminal proceeding, the State shall furnish a brief written statement of the factual background to the personnel performing the evaluation. (a) Information from the State. It is extremely important that you understand that the rejection of a question because it is not within the rules of evidence, or because it is not relevant to the witness' testimony, is no reflection upon you. (2) If the defendant is detained pending arraignment, the complaint shall be filed prior to commencement of the arraignment. If a defendant intends to rely upon the defense of alibi, notice shall be provided to the State in writing of such intention within sixty calendar days if the case originated in superior court, or thirty calendar days if the case originated in circuit court-district division of the plea of not guilty and a copy of such notice shall be filed with the clerk. in lincoln university baseball 2022General; sullivan county nh grand jury indictments . State v. Tebetts, 54 N.H. 240 (1874). 0. Turn right andfollow Route 10 South into Newport. (7) Testimony of Witnesses. Any petition for annulment which does not meet the requirements as set forth by statute shall be dismissed without a hearing but without prejudice to the defendants right to re-apply as permitted by law. The following procedures apply to arraignments on misdemeanors and violations. In any felony case either party may take a discovery deposition of any expert witness who may be called by the other party to testify at trial. (c) Notice to Defendant. Amidon has been previously convicted of theft in twice July 2017. . Ludwig v. Massachusetts, 427 U.S. 618, 630 (1976). The disposition, when imposed, shall also be entered on a separately numbered State v. (The Contemnor) file. (d) The attorney general or a county attorney conducting the prosecution in a criminal case may take the deposition of any witness the prosecution intends to call at the trial, if it is determined by a justice of the superior court that: (1) The defendant in the case in which the deposition is sought has been arrested or bound over to the grand jury or has been indicted, and. In any other case in which an arrest warrant would be lawful, upon the request of the State, the person authorized by law to issue an arrest warrant may issue a summons. (a)Bail Permitted. (E) Other grounds for continuance may be illness of a defendant, defense attorney, or prosecutor; want of material testimony, documents, or other essential evidence; unavoidable absence of an essential witness; and such other exceptional grounds as the court may deem to be in the interest of justice. racist or sexually-oriented language. Use the 'Report' link on Furthermore, the no contact provisions shall not be deemed to prevent contact between counsel when both parties are represented. (f) Nothing in this rule shall prevent the court from reducing a detained or non-detained defendant's bail or conditions of bail without his or her counsel present, but if the state opposes such reduction, it shall have the right to be heard in argument before the court makes a decision. View Superior Court daily dockets by county. On May 7, 2021, the Rockingham County Grand Jury returned indictments charging Mr. Guzman with two class A felony counts of conspiracy to commit theft by deception, one class A felony count of theft by deception (as principal/accomplice), and one class A felony count of receiving stolen property. (g) The presiding justice retains discretion to limit the number of cameras, recording devices, and related equipment allowed in the courtroom at one time. In exceptional circumstances, when the court finds that the application of these rules to cases pending as of the effective date would not be feasible or would work an injustice, the court may exempt such cases from the application of these rules or from a particular rule.
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