(b) Jury Cases. (a) Arrest on a Charge Originating in Superior Court. (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. (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. (3) Notice of Use of Criminal Record During Trial. 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. See Superior Court Administrative order 2019-002. Please purchase a subscription to read our premium content. each comment to let us know of abusive posts. Sentence review is not available for those sentences mandated by statute. Thank you for reading! Keep it Clean. Sullivan County Justice Center. The defendant shall be asked to enter a plea of guilty, not guilty, or, with the consent of the court, nolo contendere. Note: The electronic case filing surcharge is not an entry fee subject to the escrow fund for court facility improvements or the judicial branch information technology fund. (3) A party filing a confidential document must also file a separate motion to seal pursuant to subdivision (d) of this rule. One of the indecent exposure charges accuses him of attempting to engage in sexual intercourse with the child in the presence of two other children, then age 2 and 5. Except for good cause shown, motions to suppress shall be heard in advance of trial. If the defendant was arrested without a warrant and is held in custody, or if the defendant was arrested pursuant to a warrant that was not issued by a judge and is held in custody, the court shall require the state to demonstrate, by affidavit or by statement filed under oath if filed electronically, probable cause for arrest. Hughes-Mabrys other indictments included possession of over one-half gram of cocaine for sale or delivery within 1,000 feet of a school and driving on a suspended license. Isaiah Michaels, 19, of Greer, S.C., two counts of aggravated felonious sexual assault. (20) Any time served prior to increase, decrease, or modification of the sentence shall be counted in calculating the sentence as increased, decreased, or modified. I have killed people before.. Necessary cookies are absolutely essential for the website to function properly. New Hampshire certified police officers who are not members of the New Hampshire Bar may prosecute misdemeanors and violation offenses on behalf of the State in the Circuit Court-District Division. A defendant may be sentenced to a period of conditional discharge as provided in RSA 651:2, VI. Blountville, TN 37617. (2) The grand jurys role is to diligently inquire into possible criminal conduct. (b) In any case in which a defendant appears before a bail commissioner pursuant to paragraph a, the defendant shall also be provided with a Request for a lawyer form (financial statement) in order to apply for counsel at arraignment. In Carroll, Coos and Grafton Counties, 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 April 1, 2017 shall be initiated in superior court. Okay Democrats, keep sending them a message by striving for perfect attendance! (D) Where a trial has been scheduled in one case prior to the scheduling of another matter in another court where an attorney or party has a conflict in date and time, the case first scheduled shall not be subject to a continuance because of the subsequently scheduled matter which is in conflict as to time and date except as follows: (i) A subsequently scheduled case involving trial by jury in a superior or federal district court, or argument before the Supreme Court. (2) The person filing a motion to unseal shall have the burden to establish that notice of the motion to unseal was provided to all parties and other persons with standing in the case. (C) Before any attorney shall in closing argument read to the jury any excerpt of testimony prepared by the court reporter, the attorney shall furnish opposing counsel with a copy thereof prepared by the reporter. I alone have made this determination, and you should not be offended, or in any way prejudiced by my determination. (b) Indictment. (7) A person who has been granted permission to record, photograph, or broadcast a court proceeding shall not engage in any activity that distracts the participants or impairs the dignity of the proceedings. Having been released with bail, Bateman failed to appear before the Sullivan County Superior Court on Sept. 18 as required by the conditions of her release, and her release was in connection with an offense punishable by imprisonment for a term of more than 1 year and less than 15 years. From Charlestown:Head North on Route 12 to Claremont. Local News A preliminary examination allows a defendant to challenge the decision of the prosecuting authorities to limit the defendants liberty pending consideration of the matter by a grand jury. As you enter Newport , you will go down a hill ( Sunapee Street ) and see Main Street ahead. 2023 State of New Hampshire All rights reserved, An official NEW HAMPSHIRE government website, Guidelines for Use of Cameras and Audio Equipment, Registration Process for Use of Cameras and Audio Equipment, Judicial Performance Evaluation Advisory Committee, New Hampshire Court Accreditation Commission, Sullivan County Superior Court Juror Information. For purposes of this paragraph, a motion which seeks to exclude the introduction of evidence on the ground that the manner in which such evidence was obtained was in violation of the constitution or laws of this state or any other jurisdiction shall be treated as a motion to suppress and not a motion in limine. (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. If the person filing the motion to unseal cannot provide actual notice of the motion to all interested parties and persons, then the moving person shall demonstrate that he or she exhausted reasonable efforts to provide such notice. (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. Luis Concepcion, 51, of Chestnut Street, theft by unauthorized taking, receiving stolen property, reckless conduct and possession of cocaine. 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. Any motion to withdraw filed by counsel shall set forth the reasons for the motion but shall be effective only upon approval of the court. Burdick was seriously injured as a result. It is not the responsibility of the clerk or court staff to review documents filed by a party to determine whether appropriate omissions or redactions have been made. (8) The judge shall instruct the jury substantially as follows. RFK Jr. shares concerns with packed NHIOP crowd, City man indicted in hacking death of elderly man, Central music students to shine March 8 during celebration of Music in Our Schools Month, Electrical fire does damage to Merrimack Street home, NHs traditional town meeting endures despite the tug of modernity, New Hampshire Group donates $128K through charitable gaming to support homelessness and affordable housing, Grants up to $150K available for non-profits to enhance security measures, New Hampshire 2022 exports soar, surpassing $7 billion for the first time. (2) A lawyer shall not be permitted to represent more than one defendant in a criminal action unless: (A) The lawyer investigates the possibility of a conflict of interest early in the proceedings and discusses the possibility with each client; and, (B) The lawyer determines that a conflict is highly unlikely; and. On Oct. 25, 2019, in Manchester, Seace is accused of engaging in tumultuous and/or violent conduct when, with Koda Seace and at least one other person, he interfered with police officers making arrests. Both Parks and a co-defendant, Dennis Cody Blevins, 23, 411 Bristol Caverns Hwy., Bristol, Tenn., were indicted in a separate case on one count each of aggravated burglary and theft over $500. The Courthouse will be on your right, in the Opera House Building, across from Lake Sunapee Bank. (a) Note-Taking by Jurors. Thank you for reading! (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. The court shall act on the request for counsel within 24 hours, excluding weekends and holidays, from the date the request is submitted but not later than the filing of the complaint. Photo Gallery of Sullivan House Construction. On Nov. 8, 2021, Lages is accused of striking J.G. multiple times, causing J.G. to sustain a jaw fracture. (2) Set up and dismantling of equipment in a disruptive manner while court is in session is prohibited. On March 10, 2022, he is accused of being in possession of a stolen 2006 Mitsubishi Gallant and engaging in a high-speed pursuit with Manchester police. 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 . A person sentenced by a circuit court-district division for a class A misdemeanor may, if no appeal for a jury trial in superior court is taken, appeal therefrom to the Supreme Court at the time the sentence is declared or within thirty days after the sentence is declared. On June 10, 2021, Perez Medina is accused of striking S.R.C. in the body while S.R.C. was on the ground. Chance of snow 40%. Appearance and Appointment of Counsel in Circuit Court-District Division and Superior Court, Rule 20. The date of the issuance of a hearing notice shall be the equivalent of an arraignment and entry of not guilty plea for the purpose of determining deadlines. PLEASE TURN OFF YOUR CAPS LOCK. that is degrading to another person. After the foreperson of the Fulton County, Georgia, grand jury investigating former President Donald Trump and a push to overturn the 2020 election spoke out in several headline-making interviews, the judge overseeing the case told ABC News on Monday that jurors "can talk about the final report." McBurney said in an interview that after the grand jury submitted its report in January, he held a . In addition to giving any parties in interest an opportunity to object, the purpose of the notice requirement is to allow the presiding justice to ensure that the photographing, recording, or broadcasting will not be disruptive to the proceedings and will not be conducted in such a manner or using such equipment as to violate the provisions of this rule. If I determine that the question or questions may be properly asked of the witness pursuant to the law, I will ask the question of the witness myself. PUBLIC ACCESS TO COURT PROCEEDINGS Citizens can access WebEx hearings and court proceedings in the Superior Courts by sending a request that includes the case number to the email address listed below. (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. (7) After all the chosen questions are answered, each counsel will have an opportunity to re-examine the witness. The Sullivan County Grand Jury indicted Christopher Reamon, 40, of Unity, with knowingly engaging in the strangulation of another on Aug. 27, 2019. (1) Opening Statements. If you have any questions, contact the Information Center at 1-855-212-1234. State v. Peters, 133 N.H. 791 (1986). 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. (c) The clerk shall schedule a pretrial conference, to be held within forty-five days of the filing of an indictment, for the purpose of establishing a discovery schedule and trial date. (C) The court shall rule on assented-to motions to continue expeditiously. Additionally, on October 3, 2018, a federal grand jury . The motion shall set forth the reason for appealing and the cause of the delay. Unity Sullivan County New Hampshire Arrests, Warrants & Most Wanted. One Kingsport mans indictment alleges he embezzled $2,937 from a Kingsport Subway between Nov. 22, 2006, and Dec. 31, 2006. If part of an offense is committed in one county, and part in another, the offense may be prosecuted in either county. (1) Upon a judgment of conviction or the filing of a notice of intent to plead guilty, the court may order the department of corrections to conduct a pre-sentence investigation pursuant to RSA 651:4. (C) The lawyer notifies the court of the multiple representation and a hearing on the record is promptly held. To preserve issues for an appeal to the Supreme Court, an appellant must have given the court the opportunity to consider such issues; thus, to the extent that the court, in its decision, addresses matters not previously raised in the case, a party must identify any alleged errors concerning those matters in a motion under this rule to preserve such issues for appeal. (m) Counsel of Record; Bail. Scattered snow showers during the evening. 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.. (d) Burden of Proof. This rule shall not limit the right of the defendant to testify concerning the alibi notwithstanding the failure to give notice. See Apprendi v. New Jersey, 530 U.S. 466 (2000); State v. Russell, 159 N.H. 475 (2009). Yahaira Olivier, 47, of Spruce Street, criminal threatening, deadly weapon. Many, if not most should be considered armed and dangerous. Sunapee. If you have a subscription, please log in or sign up for an account on our website to continue. The charge is a Class B felony offense. (4) Transcripts. Eduardo Lages, 34, of Quincy Street, second-degree assault, criminal threatening and felonious possession of a dangerous weapon, a firearm. There is 2-hour parking in front or in the public parking area at the median. On Dec. 13 Miller was arrested again for the same offense at 131 Mulberry Street in Claremont. (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. Be Truthful. (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. (f) At any hearing conducted pursuant to subsections (c) or (d) of this rule, the party or person seeking to prohibit or impose restrictions beyond the terms of this rule on the photographing, recording, or broadcasting of a court proceeding that is open to the public shall bear the burden of demonstrating: (1) that the relief sought advances an overriding public interest that is likely to be prejudiced if the relief is not granted; (2) that the relief sought is no broader than necessary to protect that interest; and (3) that no reasonable less restrictive alternatives are available to protect the interest. If no other charges remain pending in the case after dismissal the court shall vacate all bail orders. No later than at the time of the first appearance in court, the defendant shall be provided with a copy of the complaint. Sentences may be reviewed even if the sentence to the State Prison has been suspended or deferred or if the time to be served is less than one year because of credit for pre-sentence confinement. Visit nh.gov for a list of free .pdf readers for a variety of operating systems. The superior court will dismiss without prejudice all felony complaints and enhanced misdemeanors if the defendant has not been indicted within 60 days after the defendant has appeared in superior court to answer to the charge. (a) Any person may request a copy of the audio recording of a hearing except when a case or proceeding is confidential by statute, court rule or order. The burden of proof by a preponderance of the evidence with respect to all elements of the charge shall be upon the State. When any party files a motion in any superior court or circuit court-district division requesting the transfer of a case, or of a proceeding therein, there pending to another court, the presiding judge may, after giving notice and an opportunity for a hearing to all parties, order such transfer. State v. Doolittle, 58 N.H. 92 (1877). (d) Witnesses Under Sixteen Years of Age. The State shall also furnish a copy of the defendants criminal record as soon as reasonably possible. On Feb. 17, 2022, he is accused of stealing a blue 1996 Honda Civic. (3) Motions in Limine. - Manage notification subscriptions, save form progress and more. (1) Following a finding or verdict of guilty the court shall hold a sentencing hearing and impose sentence without unreasonable delay. (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. Winds light and variable. The judge may also impose a time limit. 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. 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. Whenever the court approves the withdrawal of appointed defense counsel, the court shall appoint substitute counsel forthwith and notify the defendant of said appointment. (b) Whenever the court communicates on the record to the witness an order issued under paragraph (a), the witness may not refuse to comply with the order on the basis of the privilege against self-incrimination. A community service plan approved under this paragraph shall take into account the defendants circumstances including but not limited to age, disability, health, employment, and access to child-care and transportation. That was the only indictment against Jamie Lynn Whitten, 23, 1717 Maryland Ave., Bristol, Tenn. Other driving-related indictments against Jimmy Ray Lunceford, 35, 2204 Brookside Drive, Kingsport, included failure to yield, driving on a revoked license, and a violation of the financial responsibility law. (c) Service. The value of the services was greater than $1,000. (2) The clerk's office shall permit attorneys, non-attorney representatives and parties representing themselves who have jury cases scheduled for trial during the term to have an electronic copy of the questionnaires which have been completed by the jurors presently serving. The order of contempt shall recite the adjudication and sentence and shall be signed by the judge and entered of record. The clerk shall, within 7 days, issue an order of notice directed to the appropriate parties. 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). 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. Rule 19 contemplates the transfer of whole cases, or of particular proceedings in cases, even in the absence of a related pending case or proceeding in the county to which transfer is sought. The rule provides a method whereby a party may ask a court to transfer cases for a plea as well as for trial. So, the choo choo went, Train service would be a big flop as young people today want to travel in their own cars. (3) Misdemeanors and Enhanced Violations. He also allegedly threw the knife in her direction as well as that of A.R., a family or household member. The discharge of the defendant shall not preclude the state from instituting a subsequent prosecution for the same offense or another offense. (3) Violation of this rule may be treated as contempt of court. 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. 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. The same penalties as above once again apply. If at any time during the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may take such action as it deems just under the circumstances, including, but not limited to: (A) ordering the party to provide the discovery not previously provided; (B) granting a continuance of the trial or hearing; (C) prohibiting the party from introducing the evidence not disclosed; and (D) assessing costs and attorneys fees against the party or counsel who has violated the terms of this rule. Updated Feb 1, 2021; 0; OSSIPEE The following people were indicted recently by a Carroll County Superior Court grand jury: More Courts & Cops. One would assume New Hampshire lawmakers to be a common sense group. Raymond Punturieri, 33, of West Street, two counts of reckless conduct. (1) Jurisdiction. In any appeal, the appealing party shall make transcript requests in accordance with New Hampshire Supreme Court Rule 15 and all other applicable rules of the Supreme Court. (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. The defendant also has the right to present witnesses and evidence, and to testify with regard to the sentence to be imposed. (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. On your next view you will be asked to log in to your subscriber account or create an account and subscribepurchase a subscription to continue reading. (B) The Clerk may waive the records research fee when a request for record information is made by a member of the media consistent with the publics right to access court records under the New Hampshire Constitution. Motions to dismiss or for a mistrial shall be made on the record. Elliot Health System Walk For Hope steps off on Sunday, Pregnant woman shot when stray bullet enters Bell Street residence, 5 people arrested. (c) If a motion for reconsideration or other post-decision relief is granted, the court may revise its order or take other appropriate action without rehearing or may schedule a further hearing. 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. He was arrested June 26, 2007, after police allegedly found him in possession of a crack pipe. When objecting or responding to an objection, counsel shall state the basis for the objection or response. In criminal cases either party may take the deposition of any witness, other than the defendant, by agreement of the parties and with the assent of the witness, except as prohibited by statute. Failure to raise a ground for recusal shall constitute a waiver as specified herein of the right to request recusal on such ground. (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. Find Court Records by New Hampshire County: 2008 2023 PeopleConnect, Inc. All Rights Reserved. Boykin, 395 U.S. at 238. (b) Issuance of Arrest Warrant. An indirect criminal contempt shall be prosecuted with notice. (e) Waiver of Arraignment. (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. Angel Markese Febo, 26, of Grove Street, aggravated DUI. Whitaker is accused of taking items from a store on Bowen Street and bringing them to a location in the Walmart parking lot. 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 for action by the grand jury. (1) A defendant charged with a class A misdemeanor or a felony may waive arraignment only if he or she is represented by counsel and files with the court prior to the date of arraignment a written waiver signed by the defendant and his or her counsel. (1) Trial. Felonies and misdemeanors punishable by a term of imprisonment exceeding one year shall be charged by an indictment. James Albert, 38, of Sullivan Street, receiving stolen property, robbery and reckless conduct. The parties shall file all motions in limine no less than five calendar days prior to the final pretrial conference. Michael J. Kustra, 31, of Pine Street, No. Motions for additional discovery or depositions with respect to trial witnesses first disclosed pursuant to paragraph (b)(4) shall be filed no later than seven calendar days after such disclosure occurs. Rule 14(b)(1)(A) provides that in every case in which a prosecutor may seek the imposition of an extended term of imprisonment pursuant to RSA 651:6, the prosecutor must give notice to the defendant prior to the commencement of the trial.
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