(2) The defendant does not have the right to be present, present evidence or cross-examine witnesses. (4) Filing Documents Containing Confidential Information. (b) Jury Cases. In all cases in which a defendant may enter a plea by mail pursuant to RSA 262:44, the defendant may enter a plea by mail in accordance with the procedures provided by RSA 502-A:19-b. If no other charges remain pending in the case after dismissal the court shall vacate all bail orders. A Coos County grand jury has indicted Ryan Gingras-Jodrie, 24, of Groton, Mass., with reckless conduct. These rules shall be construed to provide for the just determination of every criminal proceeding. A notary may issue a subpoena for depositions only. Malone was additionally indicted on one count each of possession of one-half gram or more of cocaine for delivery or sale, introduction or possession of cocaine into a penal institution, and maintaining a place where controlled substances are used or sold. (d) The filing of a motion for reconsideration or other post-decision relief shall not stay any order of the court unless, upon specific written request, the court has ordered such a stay. Only the attorney examining or cross-examining a witness may raise objections or respond to objections regarding that witness. The court's ruling on the motion shall issue promptly. Don't knowingly lie about anyone Donald Walsh, 48, of West Street, identity fraud. N.H. R. of Prof. (iii) The court finds that the subsequently scheduled case should take precedence due to a defendants rights to speedy trial or other constitutional rights. Candidates Declared major candidates. See RSA 625:9. The grand jury handed up 239 indictments. Objections to the courts ruling in advance of trial admitting the evidence shall be noted by the court and the trial shall proceed as scheduled. Share with Us. The initiating charging document filed in superior court for felonies and misdemeanors over which the superior court has jurisdiction. Jacob Bourque, 25, of Sylvester Street, reckless conduct and two counts of falsifying physical evidence. The judge is the only person who will see the number. They shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay. Complaint, Arrest Warrant, Arrest, Summons and Release Prior to Arraignment, Rule 4. 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. (3) Appeal to Supreme Court. (a) Non-Jury Cases. Marcus Reed-Meza, 18, of Sullivan Street, reckless conduct with a deadly weapon. A subpoena for witnesses located outside the state shall be issued in accordance with RSA ch. 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. When there is an appeal after a conviction in either circuit court-district division or superior court, or when either party appeals prior to or during trial, the trial court may authorize the defendants release on bail pending the appeal as provided by statute. State v. Doolittle, 58 N.H. 92 (1877). Welcome! We hope that you continue to enjoy our free content. Tawni Chamberlain, 31, of Fisherville Road in Concord on a felony habitual offender charge. Rule 14(b)(1)(A), requiring the state to provide notice that it may seek an extended term of imprisonment under RSA 651:6, derives from current Superior Court Rule 99-A and RSA 651:6(III). (1) Violations. No party in a criminal case shall take the discovery deposition of a victim or witness who has not achieved the age of sixteen years at the time of the deposition. If part of an offense is committed in one county, and part in another, the offense may be prosecuted in either county. On Feb. 19, 2022, Mateo is accused of striking K.R. in the head with a handgun, causing a laceration. Cold Cases, Missing and Unsolved Crimes. (b) Bail. There is 2-hour parking in front or in the public parking area at the median. An application ordinarily should be granted unless the court finds reason to believe that such admission: (A) May be detrimental to the prompt, fair and efficient administration of justice; (B) May be detrimental to legitimate interests of parties to the proceedings other than the client(s) the applicant proposes to represent; (C) One or more of the clients the applicant proposes to represent may be at risk of receiving inadequate representation and cannot adequately appreciate that risk; or. (2) If the probationer is incarcerated as a result of arrest for violating the terms of probation pursuant to RSA 504-A:4(1), the court will schedule a bail hearing upon motion. (6) Interviews within the courtroom are not permitted before or after a proceeding. Please visit GoodHire for all your employment screening needs. Thereafter, the administrative judge of the circuit court shall rule on the motion. (7) The court may appoint counsel at state expense to represent an indigent defendant at an ability to pay or perform hearing held pursuant to this rule in a case in which the court finds that the issues are of sufficient complexity or that other special circumstances exist such that it would be fundamentally unfair to require the defendant to proceed without counsel. Sunapee. On March 2, 2022, he placed STS, age 59, in danger of serious bodily injury when he fired a .22 Smith & Wesson revolver in proximity to her home. Subject to the provisions of paragraph (b)(8), the discovery mandated by paragraphs (b)(1), (b)(2), and (b)(4) of this rule shall be provided as a matter of course and without the need for making formal request or filing a motion for the same. The grand jury may also consider whether to return an indictment on a felony or misdemeanor. (5) Relief from Prejudicial Joinder. On April 19, 2022, Crawford is accused of choking "C.C.", an intimate partner, by wrapping his arm around her neck and applying pressure. If it appears from a sworn application for an arrest warrant that there is probable cause to believe that an offense has been committed in the State of New Hampshire, and that the defendant committed the offense, an arrest warrant for the defendant may be issued. 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. For callers outside the U.S and Canada the number is 1-603-415-0162.Hours: Monday - Friday, 8:00am to 4:00pm. Amidon has been previously convicted of theft in twice July 2017. (a) For Attendance of Witnesses; Form; Issuance. The court shall inform the defendant of the nature of the charges, the possible penalties, the privilege against self-incrimination, the right to retain counsel, and the right to have an attorney appointed by the court pursuant to Rule 5 if the defendant is unable to afford an attorney. No such equipment shall be used or set up in a location that creates a risk of picking up confidential communications between lawyer and client or conferences held at the bench among the presiding justice and counsel or the parties. Attorneys must file the application electronically. Follow into Newport. 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. (3) The following is a non-exhaustive list of the type of information that should ordinarily be treated as confidential information under this rule: (A) information that would compromise the confidentiality of juvenile delinquency, children in need of services, or abuse/neglect, termination of parental rights proceedings, adoption, mental health, grand jury or other court or administrative proceedings that are not open to the public; or, (B) financial information that provides identifying account numbers on specific assets, liabilities, accounts, credit card numbers or Personal Identification Numbers (PINs) of individuals including parties and non-parties; or. A probable cause hearing may be adjourned for reasonable cause. 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. See, e.g., Associated Press v. State of N.H., 153 N.H. 120 (2005); Petition of Keene Sentinel, 136 N.H. 121 (1992). (b) State Appeals. the generation, After following School Board politics for a decade, I can't help but keep thinking about the Vietnam War. The property included a shot gun, a .22 caliber rife, and a semi-automatic rifle. (4) If a motion to seal the affidavit has been filed with the request for a Gerstein determination, the court shall rule on the motion to seal when ruling on the issue of probable cause. (2) Not less than fourteen days prior to trial, the State shall provide the defendant with: (A) a list of names of witnesses, including experts and reports, and a list of any lab reports, with copies thereof, it anticipates introducing at trial; and. (19) If the Sentence Review Division orders a different sentence, the Division shall issue a written order confirming the new sentence as modified. (d) If a defendant who is not detained indicates a financial inability to obtain counsel and a desire for appointed counsel, the court shall instruct the defendant to complete a Request for a lawyer form prior to leaving the courthouse and, if eligible, counsel shall be appointed no later than 24 hours from the date of the request. The defense shall respond to the States offer no later than ten (10) days after receipt. Put it. On Nov. 3, 2021, Walsh identified himself as Tommy Walsh to Manchester police after he was arrested on two counts of possessing a controlled drug. (2) Whenever a party intends to proffer in a criminal proceeding a certificate executed pursuant to RSA 318-B:26-a(II), notice of an intent to proffer that certificate and all reports relating to the analysis in question, including a copy of the certificate, shall be conveyed to the opposing party or parties at least twenty-five days before the proceeding begins. 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. Upon a verdict or finding of guilt, the court shall enter an order fixing the punishment. See Rule 29(k)(14)(c). Non-Members of the New Hampshire Bar, Rule 44. After the prosecution has rested, the defense may present evidence. On Dec. 12, 2021, Febo is accused of driving under the influence of intoxicating liquor, with a blood alcohol content in excess of .16, and causing a collision involving serious bodily injury. (1) A lawyer shall not represent multiple defendants if such representation would violate the Rules of Professional Conduct. Holmes was running stationary radar in Dummer on the Dummer Pond Road, which is open to cars and trucks as well as OHRVs. Except as is provided in (i) below, no attorney shall be permitted to withdraw an appearance after the case has been assigned for trial or hearing, except upon motion granted by the court for good cause shown, and on such terms as the court may order. Only one attorney for each party is permitted to examine or cross-examine each witness. PLEASE TURN OFF YOUR CAPS LOCK. Isaiah Michaels, 19, of Greer, S.C., two counts of aggravated felonious sexual assault. (e) Waiver of Arraignment. Keep it Clean. The motion shall state, with particular clarity, points of law or fact that the court has overlooked or misapprehended and shall contain such argument in support of the motion as the movant desires to present; but the motion shall not exceed ten pages. One witness tampering charge accuses Bemis of attempting to have a witness withhold information after she confronted him about sexually assaulting her daughter. The court may issue additional orders as necessary to preserve the confidentiality of a document pending a final ruling or appeal of an order to unseal. Chance of snow 40%. On April 17, 2022, he is accused of striking D.L. in the head with a blunt object, causing serious bodily injury. Links are grouped by those that cover courts statewide, for multiple counties, and then by individual county. On Nov. 8, 2021, Lages is accused of striking J.G. multiple times, causing J.G. to sustain a jaw fracture. After submission of the case, but before the return of a verdict, a party may reopen evidence after showing good cause, in the discretion of the court. If a defendant is charged with two or more related offenses, either party may move for joinder of such charges. (a) Except as otherwise provided by this rule or by other provisions of law, any person, whether or not a member of an established media organization, shall be permitted to photograph, record, and broadcast all court proceedings that are open to the public, provided that such person provides advance notice to the presiding justice in accordance with section (c) of this rule that he or she intends to do so. (1) Opening Statements. If you were summoned for April 3, 2023 your additional reporting dates are here. (2) Motion for Special Assignment. Worthley has a previous conviction for a misdemeanor in 2016. (f) Probation. The Supreme Court's review in such cases shall be limited to questions of law. (e) Hearing on Plea of Chargeable. The Community Corrections Center ( CCC) is a 72 bed unit that houses the TRAILS program, which targets offenders with co-occurring substance abuse and mental health disorders, seeks to reduce the number of court-involved adult offenders returning to custody by engaging them in intensive therapeutic case management and transition planning. The court shall hold a probable cause hearing within ten days following the arraignment if the defendant is in custody. (iv) Unusual circumstances causing the respective courts to agree that an order of precedence other than the above shall take place. You have permission to edit this article. Jennifer Perez Baez, 29, of Trahan Street, first-degree assault. (15) Upon hearing, the Division can act in any of the following ways: (A) It may increase the sentence imposed by the sentencing judge; (B) It may decrease the sentence imposed by the sentencing judge; (C) It may otherwise modify the sentence; or. The defense may open immediately after the prosecutions opening statement or after the prosecution has concluded its case-in-chief and before presenting defense evidence. The charges were included in Cheshire County Superior Court's monthly release of grand jury indictments Friday. Thank you for signing in! These provisions are intended to ensure that confidential documents and information contained within documents are accessible, upon filing, only to the court and its staff, to the parties and their attorneys or the parties authorized representatives, and to others authorized to perform service of process. On Feb. 18, 2022, Jackson is accused of firing a gun, striking a building at 96 Notre Dame Ave. Joan Josif Jokai-Weiss, 61, of Hanover, Germany, theft by deception. Effective July 1, 2010 . Pollari was also indicted for being a principal/accomplice in the crime of forgery, having, in concert with another, written herself a check in the amount of $500 dated Jan. 28, 2019, and presented said check to the teller at Claremont Savings Bank. Evidently not. Unless otherwise prohibited by law, the court may permit a complaint to be amended if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced. (H) Statistical information concerning the sentences imposed for the same crime committed by other individuals in the State of New Hampshire. There is 2-hour parking in front or in the public parking area at the median. It also is the responsibility of said person to make arrangements with the clerk of court or his or her designee sufficiently in advance of the proceeding so that the set up of any needed equipment in the courtroom, including equipment for pool coverage, can be completed without delaying the proceeding. Get the paper in your inbox! A copy of the recording of a court proceeding shall not be deemed to be the official record of the proceeding. The court may impose any sentence that could have been imposed by the original sentencing judge for the crime which is the subject of the probation term. Zamansky also is charged with choking her. (a) Note-Taking by Jurors. One Kingsport mans indictment alleges he embezzled $2,937 from a Kingsport Subway between Nov. 22, 2006, and Dec. 31, 2006. Invalid password or account does not exist. (3) In capital cases or first degree murder cases, the court shall allow counsel to conduct individual voir dire. . Rule (b)(6) restates the traditional rule of grand jury secrecy. (d) Burden of Proof. Federal Grand Jury A Indictments Announced- October Acting United States Attorney Clint Johnson today announced the results of the October 2021 Federal Grand Jury A. The penalty for this offense is 7 to 15 years in state prison and a $4,000 fine. Contact Information: Sullivan County Department of Circuit Court Clerk. See Hazelton Company v. Southwick Construction Company, 105 N.H. 25 (1963). If the charge proceeds by a waiver of indictment, the defendant shall be informed of the nature of the charge and the right to have the charge presented to a grand jury. Where do I get information about Criminal History Record Requests? The court shall allow reasonable time prior to a proceeding for the set up of such equipment. (a) Arrest. (a) Before and During Trial. The court also shall provide reasonable advance notice to the defendant of the following: (a) that, as a result of the hearing, the defendant may be immediately incarcerated if the court finds that the defendant has willfully failed to comply with the courts prior order(s) to pay an assessment or perform community service; (b) that the issues at the hearing will be whether the defendant has the ability to pay the assessment or perform the community service previously ordered and has willfully failed to do so; that the defendant has the burden of proof with respect to these issues; and that the defendant should be prepared at the hearing to provide testimony and answer questions, present witnesses, and furnish documentation or other information bearing on the issues of his financial circumstances and ability to pay the assessment or perform the community service. (3) Rebuttal Evidence. If the judge does plan to impose a time limit, counsel should be notified and given an opportunity to object to the length outside the hearing of the jury. (C) Alibi. 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. None of these persons shall reveal any information contained in the questionnaires to any person except as may be necessary in connection with the prosecution or defense of the case or cases for which access was granted. Hayden, 38, of Claremont was arrested on April 29 at 23 Trinity Street in Claremont for possession of a controlled drug. Krystal Boyle, 42, of 365 Bridge Street, two counts of robbery. Unity Sullivan County New Hampshire Arrests, Warrants & Most Wanted. (2) At all sentencing hearings the defendant has a right to be represented by retained counsel, and in class A misdemeanor and felony cases, has the right to be represented by appointed counsel if unable to afford counsel. Your account has been registered, and you are now logged in. (e) If a defendant who is detained indicates a financial inability to obtain counsel and a desire for appointed counsel, the court shall instruct the defendant to complete a Request for a lawyer form immediately and, if eligible, counsel shall be appointed immediately. Rule 4(e) provides for a detention hearing to satisfy the Fourth Amendment requirements as set forth in County of Riverside v. McLaughlin, 111 S. Ct. 1661 (1991), and Gerstein v. Pugh, 420 U.S. 103 (1975). On June 24, 2021, she is accused of being a robbery accomplice to Lorenzo Hicks when she ordered F.V. and H.B. to give up their house keys while Hicks assaulted F.V. and threatened both, according to the indictments. (c) The Court may assess reasonable costs, including reasonable counsel fees, against any party whose frivolous or unreasonable conduct makes necessary the filing of or hearing on any motion. Upon the filing of such a motion, the court may schedule a hearing as expeditiously as possible before the commencement of the proceeding and, if a hearing is scheduled, the court shall provide as much notice of the hearing as is reasonably possible to all interested parties and to the Associated Press, which shall disseminate the notice to its members. Redirect examination shall be limited to topics covered on cross-examination except for good cause shown. 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. Also among them were: Reagan Crawford, 38, of 555 Canal St., attempted murder and two counts of second-degree assault. Please purchase a subscription to read our premium content. Keyser is accused of struggling with them and pulling away causing serious bodily injury to Detective Brian Gillottes left arm. The contemnor must be given an opportunity to speak and present a defense. The second interpreter would provide interpretation of confidential attorney-client communications, when the attorney is not fluent in the defendants language. Court, 106 N.H. 48 (1964). In Belknap County, pursuant to RSA 592-B:2, III all felony and any directly related misdemeanor or violation-level offenses alleged to have occurred on or after July 1, 2016 shall be initiated in superior court. Gunnip was further charged with conspiracy to commit assault on Aug. 17, in that he agreed with another man to commit the crime, so that man could assault another person. (C) If confidential information is required for filing and/or is material to the proceeding and therefore must be included in the document, the filer shall file: (i) a motion to seal as provided in subdivision (d) of this rule; (ii) for inclusion in the public file, the document with the confidential information redacted by blocking out the text or using some other method to clearly delineate the redactions; and. Objections to pending motions and affirmative motions for relief shall not be combined in one filing. CLERK OF THE COURT Tommy R. Kerns . The charge is a Class B felony offense. These email addresses are for WebEx access requests only. Arraignment shall be conducted in open court. (1) The following provisions govern a partys obligations when filing a document containing confidential information as defined in this rule. Any person who is arrested on a warrant issued pursuant to an indictment or complaint and who is not released on bail set by a bail commissioner shall be taken before the superior court without unnecessary delay. While driving on the John Stark Highway in Newport, Horsfield allegedly caused a collision resulting in serious bodily injury to another person. (e) Contempt. Burdick was seriously injured as a result. Paragraphs (c) and (e) extend this principle to cases in which counsel has been appointed for the defendant or in which a defendant demonstrates an inability to pay the fees and mileage allowed by law. This is the name that will be displayed next to your photo for comments, blog posts, and more. Among those indicted was Justin . The probable cause hearing shall not be held if the defendant is notified before the hearing of an indictment on the charge that would have been the subject of the hearing or if the clerk of the Circuit Court receives reliable information that the defendant has been indicted on the charge which would have been the subject of the hearing. (c) No lawyer shall be compelled to testify in any case in which the lawyer represents a party unless the lawyer has been notified in writing at least thirty days in advance of trial in superior court and at least five days in advance of trial in circuit court-district division. (3) Notice of Use of Criminal Record During Trial. (E) The defendant understands and waives the statutory and constitutional rights as set forth in the Acknowledgement and Waiver of Rights form. At its option, the defense may make an opening statement. We'd love to hear eyewitness Any order prohibiting or imposing restrictions beyond the terms of this rule upon the photographing, recording, or broadcasting of a court proceeding that is open to the public shall be supported by particularized findings of fact that demonstrate the necessity of the courts action. A party is not required by law or rule to give notice of its intent to summon a witness regardless of whether the witness is located in the state. . This page provides information about Court Dockets and Calendars resources in New Hampshire. Bomhower was also charged with conspiracy to commit assault by prisoner on Aug. 17, in allegedly assisting another man to strike a third man at the Sullivan County House of Corrections. Hearings before the Sentence Review Division shall normally be in accordance with the order the applications were recorded in the Sentence Review Division record log. Such persons shall be entitled to a bail hearing at that time. The indictment states that on April 14, Hale caused serious bodily harm to a person under 13, in discharging a firearm through the ceiling of a residence, resulting in a bullet striking 3 year old child and causing serious bodily injury. The Supreme Court adopts these rules pursuant to Part II, Article 73-A of the New Hampshire Constitution. The defendants income shall include all income, whether earned or not, from any source, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents and by the amount of defendants anticipated or current obligation to repay the Office of Cost Containment for the cost of appointed counsel. Property Information - parcel #, lot #, taxes, liens, zoning ordinances, etc. Sorry, there are no recent results for popular videos. MARK LAQUIRE Mark Laquire, 27, of 44 Walnut Street in Claremont was indicted for second degree assault. Except for good cause shown, motions to suppress shall be heard in advance of 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. (B) A court may rule on a contested motion to continue without a hearing provided that both parties have had an opportunity to inform the court of their respective positions on the motion. A woman who lives in the Dover area has been indicted on multiple drug possession charges by a grand jury at Strafford County Superior Court. The court, in its discretion, may grant such a motion after trial commences. The rule recognizes the current practice whereby applications to summon out-of-state witnesses may be made ex parte. State v. Bailey, 127 N.H. 416 (1985); State v. Brodowski, 135 N.H. 197, 201 (1991). (a) Whenever a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide information in a proceeding before, or ancillary to, a Circuit Court-District Division or Superior Court or a Grand Jury, a prosecutor may, with the prior written approval of the Attorney General or County Attorney for the jurisdiction where offenses are alleged to have occurred, request an order from the court requiring such individual to give testimony or provide other information that the individual refuses to give or provide on the basis of the privilege against self-incrimination, when in the judgment of the Attorney General or County Attorney: (1) The testimony or other information from such individual may be necessary to the public interest; and.