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. (C) The State, defendant, and defendants counsel, if any, shall appear at the dispositional conference. The court shall hold a probable cause hearing within ten days following the arraignment if the defendant is in custody. (2) Set up and dismantling of equipment in a disruptive manner while court is in session is prohibited. KINGSPORT A Sullivan County grand jury handed down indictments against several defendants Wednesday. (2) To ensure a fair trial, avoid surprise, or for other good cause shown. The grand jury shall receive, prior to performing its duties, instructions relative thereto and shall be sworn in accordance with law. To find that a plea has been intelligently made, the court must fully apprise the defendant of the consequences of the plea and the possible penalties that may be imposed. PDF LOCAL RULES OF PRACTICE - tncourts.gov You also have the option to opt-out of these cookies. (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. Before the arraignment hearing, the attorney shall file a written statement signed by the defendant certifying that the defendant has reviewed a copy of the indictment or complaint. In any case where a person arrested for a class A misdemeanor is released with a written summons, the summons shall provide the defendant with written notice that, if he or she is unable to afford counsel, counsel will be appointed prior to the arraignment, if requested, subject to the state's right of reimbursement for expenses related thereto. The Grand Jury indicted Jami Mulhern, 43, of Claremont, with possession of heroin on June 28, a Class B felony. (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. Follow Route 103 West all the way to Newport. (b) In any Circuit Court - District Division case in which all parties are represented by lawyers, all parties' counsel may agree that pleadings filed and communications addressed to the court may be furnished to all other counsel by email. (h) Withdrawal. Within ten days after the receipt of such notice of alibi from the defendant, the prosecution shall furnish the defendant, or counsel, in writing with a list of the names and addresses of the witnesses upon whom the prosecution intends to rely to establish the defendant's presence at the scene of the alleged offense. (1) Case initiated in Circuit Court-District Division. (1) Pretrial Motions. No attorney or self-represented party will be heard until an appearance is so entered. If it appears that a joinder of offenses is not in the best interests of justice, the court may upon its own motion or the motion of either party order an election of separate trials or provide whatever other relief justice may require. 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. Conduct 4.5; In re Grand Jury Matters, 751 F.2d 13 (1st Cir. (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. The Sulllivan County Grand Jurors indicted Nicholas Beattie, 34, of Grantham, with criminal threatening with a deadly weapon, a Class B felony, on July 13. All objections to the charge shall be taken on the record before the jury retires. Sullivan County Grand jury indictments for Feb. 20 are released This paragraph is based on Federal Rule of Criminal Procedure 6 and prohibits grand jurors, interpreters, stenographers, typists who transcribe recorded testimony or an attorney for the State, or any person to whom disclosure is made under the rule, from disclosing information received except under a few narrow circumstances. See October 17, 2016 felonies first implementation order at http://www.courts.state.nh.us/supreme/orders/10-17-16-Order.pdf, and are now in effect in all counties. Eduardo Lages, 34, of Quincy Street, second-degree assault, criminal threatening and felonious possession of a dangerous weapon, a firearm. Shannon Kathleen Carota, 41, of Middle Street, Milford, aggravated DUI with collision and serious injury. (3) A probable cause hearing shall be scheduled: (A) If an arrest is supported by an affidavit or statement filed under oath that was filed under seal, and the affidavit remains under seal at the time of the request for a probable cause hearing, or. Upon request by either the State or the defendant, or sua sponte, the court may direct that alternate jurors be chosen. The reckless conduct charge accuses him of setting a car on fire near a residential building. 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. If the court determines that there is no probable cause to believe that a charged offense has been committed or that the defendant committed it, the court shall dismiss the complaint and discharge the defendant. Defendant's counsel has the duty to protect the defendant's interest by insuring that the defendant understands that: (i) the defendant has a right to a review of any stand committed, deferred, or suspended state prison sentence imposed which is not mandated by law; and, (ii) sentence review may be sought within 30 days of imposition of the sentence but not thereafter absent good cause shown; and. The number of peremptory challenges allotted to both the State and the defendant for selection of alternate jurors shall be in accordance with the following schedule: 4-6 alternates -- 2 peremptory challenges. A party may seek reduction, suspension or amendment of a sentence as provided by law. Daily Docket | New Hampshire Judicial Branch Scattered snow showers during the evening. However, the witness may be prosecuted or subject to penalty or forfeiture for any perjury, false swearing, or contempt committed in answering or failing to answer, or in producing or failing to produce evidence in accordance with the order. On Jan. 16, 2022, Fox is accused of stabbing D.S. in the arm in an attempt to kill him. (d) Arraignment. See RSA 594:14. Zamansky also is charged with choking her. 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. (5) The defendant understands and waives the statutory and constitutional rights as set forth in the Acknowledgement and Waiver of Rights for Probation Violations form. Failure to obey a subpoena without adequate excuse may be (C) Before any attorney shall in closing argument read any excerpt of testimony prepared by the court reporter, the attorney shall furnish opposing counsel with a copy thereof prepared by the reporter. Upon request of any party, the court shall make sufficient findings and rulings to permit meaningful appellate review. Each application shall specify in detail the facts upon which the applicant relies in requesting the annulment. (6) Questions may be rephrased by the judge, or the judge may ask the question in a way mutually agreeable to the parties. High around 35F. See Rule 37. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurred before January 1, 2016 shall be initiated in circuit court. Share with Us. (A) When a party files a document the party shall omit or redact confidential information from the filing when the information is not required to be included for filing and is not material to the proceeding. Choose wisely! On Jan. 2, 2022, Matteson, after being involved in a police pursuit in M.H.s vehicle, is accused of threatening to stab M.H. if she provided police with any information about his involvement. The defendant shall be called upon to plead to the charge, unless unrepresented by counsel, in which case a plea of not guilty shall be entered on the defendant's behalf. The State and the defendant shall be represented at the dispositional conference by an attorney who has full knowledge of the facts and the ability to negotiate a resolution of the case. Please visit GoodHire for all your employment screening needs. 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. Such persons shall be taken before the superior court no later than 24 hours after the arrest, Saturdays, Sundays and holidays excepted, or no later than 36 hours after arrest if arrested between 8:00 a.m. and 1:00 p.m. and the persons attorney is unable to attend an arraignment on the same day, Saturdays, Sundays, and holidays excepted. The court shall also tell the defendant that there is no obligation to make a statement and that any statement may be used against the defendant. From Claremont:Head East on Route 11/103 ( Washington Street ) passing Walmart, K-Mart, Market Basket. State v. Arnault, 114 N.H. 216 (1974); Jewett v. Siegmund, 110 N.H. 203 (1970). The Supreme Court adopts these rules pursuant to Part II, Article 73-A of the New Hampshire Constitution. Suspension of Rules; Violations of the Rules of Court, Rule 42. Oral notice of the conduct observed must be given by the judge. Patrick Howe, 26, of Lebanon, is also charged with driving while a habitual offender. Thank you for reading! (6) Finding of No Probable Cause. The defendant and the State shall be provided a reasonable opportunity to review the contents of the pre-sentence report and any attachments before sentencing. Evidence that is strictly rebutting may be permitted at the discretion of the court upon good cause shown. (d) Peremptory Challenges. (C) shall be signed by the defendant or counsel and verified by a separate affidavit of the defendant or such other person having knowledge of the facts upon which the affidavit is based. Where a post-sentencing motion is filed within thirty days after imposition of sentence, the appearance of counsel for the defendant shall be deemed to be withdrawn thirty days after the court rules on said motion. William McKenney, 39, of Main Street, four counts of aggravated felonious sexual assault. Where do I get information about Criminal History Record Requests? The penalty for this offense is 7 to 15 years in state prison and a $4,000 fine. Sorry, there are no recent results for popular videos. Only one attorney for each party is permitted to examine or cross-examine each witness. (C) The defendant asserts a claim that a material element of the charge is without factual basis or that the charge is legally insufficient to constitute a felony offense. (b) Official court reporters, court monitors and other persons employed or engaged by the court to make the official record of any court proceeding may record such proceeding by video and/or audio means without compliance with the notice provisions of section (a) of this rule. At second set of lights take a left. (b) Questioning of Witnesses by Jurors. (3) Sentence Review. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Merrimack County or or after January 1, 2017. 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. Welcome! The court's ruling on the motion shall issue promptly. 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. Jacob McCann, 18, of Pine St., criminal threatening. 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. (1) Special Assignments. Then partly to mostly cloudy overnight. (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. On Sept. 18, 2021, in Peterborough, Michaels is accused of grabbing a woman by the neck and forcing her to perform fellatio on him and forcing her to have sexual intercourse after she told him no, please stop, and I dont want to do it., Jeremiah Nabors, 24, of Mountain Ash Lane, Goffstown, reckless conduct. Monte Wisecup. The trial judge shall join the charges for trial unless the trial judge determines that joinder is not in the best interests of justice. 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. Timothy Brandon Jones, 29, 443 Boyd Road, Bluff City, theft under $500, identity theft, uttering a forgery. Man charged in crash that hurt conservation officer | Local News 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. (a) Direct Contempt. If the grand jury returns an indictment, the defendant shall be notified by mail unless the court issues a capias for the defendants arrest. The grand jury may also consider whether to return an indictment on a felony or misdemeanor. (3) The court has discretion as to whether to grant applications for admission pro hac vice. The penalty for each offense, according to New Hampshire law, is listed below, but none of the offenders have yet been sentenced. Please feel free to contact our department with the means that best fits your convenience via phone at 603-542-8717. Names, addresses, New Hampshire Bar Association member identification numbers, and telephone numbers shall be typed or stamped beneath all signatures on papers to be filed or served. Sullivan Superior Court (2) The victim or next of kin of the victim shall be afforded the opportunity, where provided by law, to address the court prior to the imposition of sentence. To the extent either party contends that a particular statement of a witness otherwise subject to discovery under this rule contains information concerning the mental impressions, theories, legal conclusions or trial or hearing strategy of counsel, or contains information that is not pertinent to the anticipated testimony of the witness on direct or cross examination, that party shall, at or before the time disclosure hereunder is required, submit to the opposing party a proposed redacted copy of the statement deleting the information which the party contends should not be disclosed, together with (A) notification that the statement or report in question has been redacted and (B) (without disclosing the contents of the redacted portions) a general statement of the basis for the redactions. Julie A. Delisle, 52, of 8 Wilfred St., Gorham was indicted on two . (b) Jury Cases. Ludwig v. Massachusetts, 427 U.S. 618, 630 (1976). The trial judge shall join the charges for trial unless the trial judge determines that joinder is not in the best interest of justice. Please log in, or sign up for a new account to continue reading. One witness tampering charge accuses Bemis of attempting to have a witness withhold information after she confronted him about sexually assaulting her daughter. Among them was a Kingsport man who was jailed in connection with a New Years Day burglary and robbery of one acquaintance who then allegedly falsely accused another acquaintance of stealing his car. Mark Vilgrain, 29, of Second Crown Point Road, Barrington, second-degree assault. If you have a subscription, please log in or sign up for an account on our website to continue. Links are grouped by those that cover courts statewide, for multiple counties, and then by individual county. Frank Owusu, 39, of Pine Street in Manchester on first-degree assault, second-degree. A plea of guilty or nolo contendere to a violation may be accepted by the court without formal hearing unless the violation carries a statutorily enhanced penalty upon a subsequent conviction subjecting the defendant to incarceration. Enter rotary and stay to the left. (a) Summoning Grand Juries. Barrington NH: Timothy Gagne guilty of sex assault, child pornography (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. Donald Walsh, 48, of West Street, identity fraud. (2) Appeal for Trial De Novo in the Superior Court. (i) Correction of Sentence. The defendant also has the right to present witnesses and evidence, and to testify with regard to the sentence to be imposed. The rule reflects the constitutional requirement that the trial court affirmatively inquire, on the record, into the defendant's volition in entering the plea. Kevin Desmarais, 29, of Forest Road, Hancock, aggravated DUI with collision and serious injury. Laremy L. Varney, 20, 1000 Stonegate Rd., Apt. (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. Paragraph (b) of this rule refers to States appeals. Any complaint filed with the court after the filing date has passed shall be summarily dismissed by the court unless good cause is shown. If you were summoned for April 17, 2023 your additional reporting dates are here. Deposition witnesses under subpoena shall be entitled to witness fees as in any official proceeding unless expressly waived by the parties with the agreement of the witness. (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. The defense may provide a brief written statement of the factual background to the personnel performing the evaluation. The power to grant immunity lies solely with the State. Desiree Lacount, whose last known address is the county jail, faces up to 42 years in prison and as much as $150,000 in fines if she is convicted and a judge orders the maximum sentence. See generally Petition of WMUR Channel 9, 148 N.H. 644 (2002) (decided under prior version of the rule). State v. Elliott, 133 N.H. 190 (1990); see State v. Chace, 151, N.H. 310, 313 (2004) (defendant need not be advised that loss of license will be collateral consequence of pleading guilty to DWI). (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. If so, the applicant shall specify the nature of the allegations; the name of the authority bringing such proceedings; the caption of the proceedings, the date filed, and what findings were made and what action was taken in connection with those proceedings; (E) Whether any formal, written disciplinary proceeding has ever been brought against the applicant by any disciplinary authority in any other jurisdiction within the last five years and, as to each such proceeding: the nature of the allegations; the name of the person or authority bringing such proceedings; the date the proceedings were initiated and finally concluded; the style of the proceedings; and the findings made and actions taken in connection with those proceedings; (F) Whether the applicant has been formally held in contempt or otherwise sanctioned by any court in a written order in the last five years for disobedience to its rules or orders, and, if so: the nature of the allegations; the name of the court before which such proceedings were conducted; the date of the contempt order or sanction, the caption of the proceedings, and the substance of the court's rulings (a copy of the written order or transcript of the oral rulings shall be attached to the application); and. (c) The parties may submit additional information to the personnel conducting the evaluation but are not required to do so in the absence of an order from the court. In practice, the factual basis for the charge referred to in Rule 11(a)(3)(A) and (b)(2)(A) is provided by the State in its offer of proof during the plea hearing. If the plea is negotiated, the defendant shall have the right to withdraw the plea of chargeable and go to hearing if the court intends to exceed the sentence agreed to by the parties. An offense that is punishable by a term of imprisonment exceeding one year may be prosecuted by a complaint with a waiver of indictment. There is 2-hour parking in front or in the public parking area at the median. If submitted, such statement shall be furnished to the parties prior to the date of any hearing before the Sentence Review Division. Local News The Sullivan County Grand Jurors on Wednesday Sept. 25 indicted Amanda Bateman, 32, of Claremont, with failure to appear, a Class B felony offense. (A) Each party shall be limited to one hour of argument unless otherwise ordered by the court in advance. This rule should be distinguished from Rule 18, which provides for change of venue to insure a fair and impartial trial. 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. 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. (1) Complex Cases. On March 3, 2022, Carota is accused of being drunk, with a blood alcohol level in excess of .16, when she dove a 2015 Toyota RAV4 on Route 101A in Amherst and struck Amherst police officer Thomas Clement, causing him to suffer a fractured forearm bone and nerve damage. Opening statements shall not be argumentative, and except by prior leave of the court, shall be no longer than thirty minutes. The charge is a Class B felony offense. State v. Roy, 118 N.H. 2 (1978); State v. Manoly, 110 N.H. 434 (1974). Jacob Bourque, 25, of Sylvester Street, reckless conduct and two counts of falsifying physical evidence. (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. Where a defendant indicates an inability to pay forthwith, the defendant shall complete a statement of resources, under oath, prior to leaving the courthouse. The time for filing a notice of appeal shall be as set forth in Supreme Court Rule 7. (b) State Appeals. A bail hearing shall be scheduled at the request of the defendant. (3) In any case where the court finds that the defendant is unable to pay the assessment either on the date the sentence is imposed or later, the court may, if otherwise permitted by law: (i) defer or suspend payment of all or part of the assessment or order periodic payment; or (ii) allow the defendant to perform community service, pursuant to a plan submitted to and approved by the court. Jeremy Burdick was a law enforcement officer, Lord-Hill climbed a fence and ran despite verbal commands to the contrary from Burdick. Adoption and Effective Date; Applicability, Rule 3. (b) Indirect Contempt. Allyson Mateo, 35, of Belmont Street, first-degree assault, reckless conduct and felon in possession of a handgun. Sunapee. If you were summoned for December 5, 2022 your additional reporting dates are here. (3) Upon request, a grand jury witness shall be given reasonable opportunity to consult with counsel. A bail hearing, at which the defendant's counsel is present, shall be held within 24 hours of a written or oral request for same made by the defendant's counsel, weekends and holidays excluded. The court shall order videotape trial testimony if it finds by a preponderance of the evidence that: (1) The child will suffer emotional or mental strain if required to testify in open court; or. Luis Concepcion, 51, of Chestnut Street, theft by unauthorized taking, receiving stolen property, reckless conduct and possession of cocaine. Sullivan County grand jury indictments for May 22 (e) Waiver of Arraignment. (13) Sentences may be reviewed that were imposed prior to the effective date of RSA 651:58 (August 5, 1975) and for those sentences the thirty (30) day rule will not apply. Please purchase a subscription to read our premium content. 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. (4) Upon filing of the motion to seal with a confidential document or the unredacted version of a document, the confidential document or unredacted document shall be kept confidential pending a ruling on the motion. Counsel will be given the opportunity to make objections on the record to any proposed question after which the judge will decide if they are appropriate and whether, under the circumstances of the case, the judge will exercise discretion to permit the questions. Among those indicted was Justin . A subpoena for witnesses located outside the state shall be issued in accordance with RSA ch. Robert Matteson, 29, of 199 Manchester St., witness tampering. (B) 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. Use the 'Report' link on (a) Scope. Upon application of any person the court may issue appropriate protective orders and/or sanctions as justice may require. He also is accused of choking her. (2) Assigned Docketing. Matters not to be considered include: (C) Institutional disciplinary actions pending or taken against the defendant; (18) If a hearing is scheduled, the defendant shall have the right to appear in person or by videoconference and to be represented by counsel. 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.
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