Service of a subpoena shall be made by reading the subpoena to the person named or by giving that person in hand an attested copy thereof. State v. Peters, 133 N.H. 791 (1986). (i) The court shall make all documents and exhibits filed with the court, and not sealed, available for inspection by members of the public in a reasonably timely fashion, it being recognized that the courts need to make use of documents and exhibits for official purposes must take precedence over their availability for public inspection. He also is accused of hiding the gun he fired and throwing a sweatshirt he wore in the trash before fleeing the scene. The charge is a Class B felony offense. The application shall state, and the parties shall be orally notified, that: (A) the parties have a statutory right to a review of the sentence; and. (3) Motions in Limine. The defendant shall be asked to enter a plea of guilty, not guilty, or, with the consent of the court, nolo contendere. Apr. See Rule 37. Put it. sullivan county nh grand jury indictments. If a record of the proceedings is not available, the trial judge shall make a record of the request, the court's findings, and its order. (7) Waiver. (iii) Has otherwise formally been disciplined or sanctioned by any court in this state. None of the information offered by this site can be used for assessing or evaluating a person's eligibility for employment, housing, insurance, credit, or for any other purpose covered under the Fair Credit Reporting Act. (1) Fines, restitution or penalty assessments (hereinafter collectively referred to as assessments) imposed by the court shall be due and payable on the date the sentence is imposed. (c) Misdemeanor Appealed to Superior Court. At no time, however, shall an attorney, party or any person acting for either of them ask questions of or make comments to a juror that are calculated to harass or embarrass the juror or to influence the jurors actions in future jury service. (3) Not less than seven days prior to trial, the defendant shall provide the State with a list of names of witnesses, including experts and reports, and a list of any lab reports, with copies thereof, the defendant anticipates introducing at trial. The DOC will be conducting at home video visits only until further notice. Matthew Keyser, 37, of Shasta Street, resisting arrest/detention resulting in serious bodily injury. The court may waive the requirements of this rule for good cause shown. (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. Before accepting any negotiated or capped plea, the sentencing judge shall confirm in writing or on the record the understanding of the parties that entry into such plea agreements results in waiver of the right to sentence review. It is part of due process. Cody Magie, 29, of Beech Street, aggravated felonious sexual assault and two counts of second-degree assault. Rule 14(b)(1)(A) reflects the developments in this area of the law. (b) Superior Court. The initiating charging document filed in superior court for felonies and misdemeanors over which the superior court has jurisdiction. (f) Sanctions for Disclosure of Confidential Information. See Apprendi v. New Jersey, 530 U.S. 466 (2000); State v. Russell, 159 N.H. 475 (2009). In determining the necessity, the court shall consider the complexity of the issues involved, other opportunities or information available to discover the information sought by the deposition, and any other special or exceptional circumstances that may exist. (A) General Notice Obligations. See generally Petition of WMUR Channel 9, 148 N.H. 644 (2002) (decided under prior version of the rule). After a verdict, either party may request a change in bail as provided by law. The Sentence Review Division record log shall be open for public inspection. No racism, sexism or any sort of -ism This determination must be made within forty-eight hours of the defendant's arrest Saturday, Sunday and holidays excepted. Each application shall specify in detail the facts upon which the applicant relies in requesting the annulment. If the evidence is found to be inadmissible, it will not be admitted at the trial and the prosecution shall not refer to such evidence at any time thereafter. Burdick was seriously injured as a result. All revenue from the electronic case filing surcharge shall be deposited into the general fund to partly offset capital fund expenditures for the NH e-Court project. One Kingsport mans indictment alleges he embezzled $2,937 from a Kingsport Subway between Nov. 22, 2006, and Dec. 31, 2006. Ricky Brodeur, 48, of Lake Avenue, second floor, two counts of criminal threatening and one charge of being a felon in possession of a dangerous weapon. 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. The same procedure may be followed to annul a record of arrest when a charge has been nol prossed, dismissed, the defendant was not prosecuted or has been found not guilty. The State may have further notice obligations under Rule 14(b)(2)(C) regarding alibi witnesses. (d) Summons. The District Attorney's Office no longer furnishes the age or city of residence of the people on . (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. Enter rotary and stay to the left. Whenever the court approves the withdrawal of appointed defense counsel, the court shall appoint substitute counsel forthwith and notify the defendant of said appointment. PETIT JURY DATES The grand jury handed up 218 indictments. An attorney shall not post bail or assume any bail obligations in a case in which the attorney is counsel of record. (e) The guardian ad litem appointed under this rule shall be compensated at the same hourly rate and shall be subject to the same case maximums as set forth for defense counsel in misdemeanor cases under the provisions of Supreme Court Rule 47. Eight individuals were indicted on criminal charges by a Brown County grand jury on Feb. 9. N-4, Kingsport, aggravated burglary, forgery, two counts theft of $500 or less. Boykin v. Alabama, 395 U.S. 238 (1969); Richard v. MacAskill, 129 N.H. 405 (1987). (b) For Production of Documentary Evidence and of Objects. In any case in which it is lawful for a peace officer to make an arrest for a violation or misdemeanor without a warrant, the officer may instead issue a written summons in hand to the defendant. 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. (a) Superior Court Complaint. At this same time, the State also shall furnish the defendant with the results of New Hampshire criminal record checks for all of the State's trial or hearing witnesses other than those witnesses who are experts or law enforcement officers. Upon request, the court shall permit counsel a reasonable opportunity, on the record and outside the hearing of the jury, to present additional grounds, argument, or offers of proof in support of the objection or response. A probable cause hearing shall be scheduled in accordance with this rule in any case which is beyond the trial jurisdiction of the circuit court-district division and in which the defendant has not been indicted. 22 Main Street (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. (A) At such time as the court may reasonably permit, any party may request specific jury instructions. If a hearing is scheduled, it shall be held as soon as the court docket permits, but in any event within 10 days of filing of the motion if the defendant is incarcerated and within 20 days of the filing of the motion if the defendant is not incarcerated. (2) In all cases, the court shall have the responsibility to ensure that each empanelled juror is qualified, fair, and impartial. 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. If a manifest necessity requires it, a new trial shall be ordered. 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. (b) Indirect Contempt. Sullivan County Grand jury indictments include drugs, DUIs, Subscriber Verification(Must be Logged In Using Free Account). (5) If the court determines that the document or information contained in the document is not confidential, the court shall not make the record public for 10 days from the date of the clerks notice of the decision in order to give any party or person with standing aggrieved by the decision time to file a motion to reconsider or appeal to the supreme court. Police said he backed out of a driveway at 2114 Steadman St. on Dec. 18 and almost struck an officer who had told him to get out of his vehicle. The deadline for filing all pretrial motions other than discovery related motions, including but not limited to motions for joinder or severance of offenses, motions to dismiss, motions to suppress evidence, Daubert motions, and other motions relating to the admissibility of evidence that would require a substantial pretrial hearing, shall be sixty days after entry of a plea of not guilty or fifteen days after the dispositional conference, whichever is later. (7) Testimony of Witnesses. If the evidence is found to be admissible in advance of trial, it will be admitted at the trial without further hearing as to its admissibility. The rules are subject to suspension by the court when the interest of justice so requires. The rule may be waived if the lawyer is physically unable to stand or for other good cause. (2) Scheduling. Stone allegedly asked dispatchers to call his wife and ask her to bring him some gas. When a person is arrested with a warrant, the complaint, and the return form documenting the arrest shall be filed in a court of competent jurisdiction without unreasonable delay. racist or sexually-oriented language. If a case is initiated in superior court, the State shall provide the materials specified in RSA 592-B:6. Get up-to-the-minute news sent straight to your device. Rule 48 is consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rule 1.6 (Clerks office and judges chambers). 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. (1) Trial. (i) Withdrawal of Appointed Counsel. (h) Circuit Court-District Division Appearance on Felonies. (b) Joinder of Defendants. Chance of snow 40%. NH 03860 Phone: 603.356.3456 Email: admin@conwaydailysun.com. Saturdays weather: Heavy snow, total accumulation 8-13 inches, high of 33, Shaheen: Put Harriet Tubman on the $20 bill, Another fan of the choo choo .. We had a choo choo, nobody rode it. Please purchase a subscription to read our premium content. Upon issuance of an order of annulment in superior court, in a case that originated in circuit court-district division, the clerk of the superior court shall transmit a copy of the order of annulment to the circuit court-district division. If the court determines that there is probable cause to believe that a charged offense has been committed and the defendant committed it, the court shall hold the defendant to answer in superior court. 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. Clow, 20, of Claremont is accused of committing an assault on May 29 while in custody at the Sullivan County House of Corrections. On Feb. 17, 2022, he is accused of stealing a blue 1996 Honda Civic. (b) Finding by Court. The parties may request sequestration of the witnesses. (c) A party filing a pleading shall certify that a copy of the pleading and all attachments was mailed first class or delivered to all opposing counsel and any guardian ad litem. Corey Carpenter, 33, was indicted recently in Cheshire County Superior Court on charges of criminal mischief and reckless conduct, both felonies, in connection with the incident. Barry was released on her own recognizance on July 8, 2019. 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. We won't share it with anyone else. (D) The applicant has engaged in such frequent appearances as to constitute common practice in this state. Links are grouped by those that cover courts statewide, for multiple counties, and then by individual county. This category only includes cookies that ensures basic functionalities and security features of the website. If the cost does not exceed $500 in superior court proceedings, no motion is required. Follow into Newport. Notwithstanding the agreement of the parties, the court shall exercise its sound discretion in ruling on such motions. The Sullivan County Superior Court is located at 22 Main Street, Newport. 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. (d) Peremptory Challenges. (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 first degree murder cases, both the State and the defendant shall be afforded, in addition to challenges for cause, no fewer than fifteen peremptory challenges. A subpoena shall comply with the form required by statute and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. A theft charge was filed against Travis S. Childress, 20, 305 Claymore Drive, after his employer had other area Subway managers posed as customers to get evidence of the alleged criminal activity. A hearing on the motion shall not be permitted except by order of the court. 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. The protection order was taken out by his wife, Kristi Stone. These rules shall be construed to provide for the just determination of every criminal proceeding. Shean Remillard, 49, of Spruce Street, four counts of criminal threatening. On March 15, 2022, Amegnra is accused of swinging a machete at A.B. and saying, Im going to kill you. Prior to being dismissed, a witness is subject to recall by either party. The Constitution of 1876 requires a grand jury indictment for prosecution of a felony. (3) Violation of this rule may be treated as contempt of court. She. What is a Grand Jury Indictment? Take Exit 9, Warner, Route 103. Crime news across America. On Aug. 22 the Grand Jury of the Sullivan County Superior Court in Newport handed down several indictments. Nothing herein shall prevent a defendant charged with a class A misdemeanor or felony and who is unable to afford counsel from requesting counsel at any time after arrest by completing a Request for a lawyer form and submitting it to the court having jurisdiction over the matter. State v. Doolittle, 58 N.H. 92 (1877). 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. (b) In addition to the participation of the interpreter contemplated in paragraph (a) of this rule, whenever, in the case of an indigent defendant, defense counsel reasonably believes that counsel requires a separate interpreter in order to communicate with the defendant, counsel shall make application to the court for authorization under RSA 604-A:6 for funds to hire an interpreter for the purposes of facilitating out-of-court and in-court communication between counsel and the defendant. If you were summoned for December 19, 2022 your additional reporting dates are here. After being dismissed, a witness may be recalled with the courts permission. In addition, within forty-five calendar days after the entry of a not guilty plea by the defendant, the State shall provide the defendant with the materials specified below. Gregory Fox, 42, of Pine Street, attempted murder. (2) The grand jurys role is to diligently inquire into possible criminal conduct. The New Hampshire Supreme Court has addressed trial courts application of the necessity standard in several reported cases. (D) A summary of the law to be used in their consideration of the evidence. McKenney is accused of intentionally touching the childs genital opening through her clothing. Rule 11(a)(3) and (a)(4), applicable to circuit court pleas, and Rule 11(b)(2) and (b)(3), applicable to superior court pleas, address the colloquy required between the court and defendant in cases where incarceration upon conviction is possible. Click Here for Frequently Asked Questions & Answers! A third felony count attached to the incident, as the Grand Jury indicted Horsfield with a Class B felony for Aggravated DWI, having caused a collision while under the influence of an intoxicant, that caused serious bodily injury to a person, that person being herself. Please feel free to contact our department with the means that best fits your convenience via phone at 603-542-8717. Failure to object shall not, in and of itself, be grounds for granting a motion. CONCORD, NH The following people were indicted recently in Merrimack County Superior Court. Where do I get information about Criminal History Record Requests? If a case is originated in circuit court-district division, within ten calendar days after the entry of a not-guilty plea by the defendant, the State shall provide the defendant with the materials specified below. We hope that you continue to enjoy our free content. (3) Dispositional Conferences. We'll assume you're ok with this, but you can opt-out if you wish. Then partly to mostly cloudy overnight. Upon written motion of a defendant, or with the defendant's written consent, the trial judge may join for trial two or more charges of unrelated offenses upon a showing that failure to try the charges together would constitute harassment or unduly consume the time or resources of the parties. The prosecutor and the warden of the state prison shall have a period of thirty days in which to file a response thereto with copies thereof furnished to petitioner, or petitioner's counsel, if represented. State v. Farrow, 118 N. H. 296, 307 (1978); State v. Prevost, 105 N.H. 90 (1963). Low near 25F. 3, criminal threatening. Among those indicted was Monte Wayne Wisecup, 34, of Vanceburg, KY on charges of involuntary manslaughter (first-degree felony), trafficking in a fentanyl-related compound (fifth-degree felony . These cookies will be stored in your browser only with your consent. (17) The Sentence Review Division will not consider any matter or development subsequent to the imposition of the sentence. The State shall present evidence on each matter before the grand jury. Opening statements are not permitted in circuit court district division trials except with permission of the court for good cause shown. (2) An attorney who is not a member of the New Hampshire Bar seeking to appear pro hac vice shall file a verified application with the court, which shall contain the following information: (A) The applicant's residence and business address; (B) The name, address and phone number of each client sought to be represented; (C) The courts before which the applicant has been admitted to practice and the respective period(s) of admission; (i) Has been denied admission pro hac vice in this state; (ii) Had admission pro hac vice revoked in this state; or. (H) Statistical information concerning the sentences imposed for the same crime committed by other individuals in the State of New Hampshire. Interpreters for Proceedings in Court, Rule 48. 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. The courts sentence is vacated pending appeal except as otherwise provided by statute. Horsfield was also indicted for Aggravated DWI with serious bodily injury, having allegedly driven, or attempted to drive, a motor vehicle on or between July 22 and 23, 2019. 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. For this reason there is the possibility that a question you have submitted has been deemed inappropriate by me and will not be asked. (8) (A) Copies of the application for review of sentence filed by the defendant shall be forwarded by the Secretary of the Sentence Review Division to the following persons: (ii) The County Attorney or Attorney General; (iii) The defendant's attorney of record; and. (2) If a motion to seal the affidavit or statement filed under oath if filed electronically has been filed with the request for a probable cause determination, the court shall rule on the motion to seal when ruling on the issue of probable cause. (c) Special Notice Requirements. (iv) The Chief Justice of the Superior Court. 140 Blountville Bypass. (10) Motions to Dismiss; Motions for Mistrial. 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. Only one attorney shall argue for each party except by leave of the court. Such testimony shall be admissible into evidence at trial in lieu of any other testimony by the child. Evidence that is strictly rebutting may be permitted at the discretion of the court upon good cause shown. (1) Pretrial Disclosure by the State. Visiting times are as follows: Units 1, 2 and 3- 07:30am to 9:40pm daily. The charge is a Class B felony offense. (B) Sentences may also be reviewed following a re-sentencing if the original sentence has been set aside by judicial process other than by the Sentence Review Division. (h) It is the responsibility of representatives of media organizations desiring to photograph, record, or broadcast a court proceeding to contact the clerk of court in advance of a proceeding to ascertain if pool coverage will be required. Rule 42 is consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rule 1.3 (Attorneys). (5) Relief from Prejudicial Joinder. Mar. On Jan. 16, 2022 in Goffstown, King is accused of confining R.P., by punching her and pointing a gun at her head and pulling the trigger, exposing her to the risk of serious bodily injury.
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