(a) Defense Appeals. The charge is a Class B felony offense. (a) The appropriate fee must accompany relevant filings. Kitchen, 33, of Claremont was arrested on May 7 for possession of a quantity of pills that contained oxycodone, a schedule II controlled drug. DOVER Timothy Gagne, a former Barrington resident, was found guilty Wednesday of 65 charges, including aggravated felonious sexual assault of a teenage girl. 11 RULE 5. He failed to register in the state of New Hampshire at the Newport Police Department as required by law when he changed his address. Where a deferred sentence is imposed, the appearance of counsel for the defendant shall be deemed to be withdrawn thirty days after the deferred sentence is brought forward or suspended. On June 10, 2021, Perez Medina is accused of striking S.R.C. in the body while S.R.C. was on the ground. The document shall remain under seal pending ruling on a timely motion. State v. Toto, 123 N.H. 619 (1983). Be Nice. Such agreement shall list the email address(es) at which counsel agree to be served. If the defendant is charged with a felony, the defendant shall not be called upon to plead. Go to www.securustech.net to enroll in at home video visitation. No pleading, motion, objection, or the like, which is contained in a letter, will be accepted by the clerk, or acted on by the court. Redirect examination shall be limited to topics covered on cross-examination except for good cause shown. They took effect in Merrimack County on January 1, 2017 and apply to criminal actions pending or filed in circuit court or superior court in Merrimack County on or after that date. (c) In Strafford and Cheshire 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 January 1, 2016 shall be initiated in superior 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. However, absent an appearance by counsel on behalf of the defendant, no case in which a defendant is charged with a class A misdemeanor or felony shall be continued for arraignment to a date less than thirty (30) days before trial. James G. Stone, 42, 631 Chadwell Road, Kingsport, was indicted in a total of three cases on one count of failure to appear, two violations of an order of protection, and one count of resisting arrest. (2) The contents of and any attachments to the pre-sentence report shall be confidential and shall not be disclosed to anyone except as required by statute or ordered by the court. Kamon Seace, 28, of S. Main Street, Franklin, riot. Get up-to-the-minute news sent straight to your device. If you were summoned for March 6, 2023 your additional reporting dates are here. The court shall allow reasonable time prior to a proceeding for the set up of such equipment. Failure to object shall not, in and of itself, be grounds for granting a motion. Later, Texas incorporated the idea of having a grand jury into its own constitution. The guardian ad litem shall also be reimbursed for the guardians investigative and related expenses, as allowed under Rule 47, upon a finding of necessity and reasonableness by a justice of the appropriate court, made prior to the said expenses being incurred. The parties, within 30 days of the notice date, are permitted to respond with their position. To provide a humane environment that promotes personal growth and rehabilitation for the offender to reduce recidivism. (C) The defendant's prior criminal record. In cases in which the defense of insanity has been raised and the case has been bifurcated for trial, the defense shall have the right to argue last on the issue of insanity. Click Below To Read Today's Replica Edition! Start your subscription for just $5 for 3 months Subscribe. He also allegedly pointed a gun at E.L. and K.G. and threatened to shoot them. On Nov. 10, 2021, Rheaume allegedly caused serious bodily injury to D.B. who he hit in the back of the head, causing D.B. to fall to the floor, where he continued striking the individual, causing D.B. to have difficulty in memory and focus. See RSA 625:9. (d) Any party to a court proceeding or other interested person who has reason to believe that a request to photograph, record, or broadcast a court proceeding will be made and who desires to place limitations beyond that specified by this rule upon these activities may file a written motion seeking such relief. (4) Exchange of Information Concerning Trial Witnesses. The Sulllivan County Grand Jury indicted Tharen Amidon, 37, of Perkinsville, Vermont, with two felony counts of attempting to take retail items from Runnings store in Claremont and exiting the store with said items on Dec. 4, 2018. 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. Willful failure to pay means a defendant has intentionally chosen not to pay the assessment when he has had the ability to do so. (1) Deadlines for Filing Plea Agreements. If a subpoena duces tecum is to be served on the deponent, the notice to the adverse party must be served before service of the subpoena, and the materials designated for production, as set out in the subpoena, must be listed in the notice or in an attachment. 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. (8) The judge shall instruct the jury substantially as follows. (a) For Attendance of Witnesses; Form; Issuance. James R. Perry Perry, 30, of Claremont was arrested on Jan. 3 near 72 Sullivan Street in Claremont for possession of fentanyl, a controlled schedule II drug. Cody Magie, 29, of Beech Street, aggravated felonious sexual assault and two counts of second-degree assault. The issuance of a subpoena to an attorney of record is a matter also addressed by the Rules of Professional Conduct. Upon the filing of a misdemeanor appeal in superior court, a hearing notice consistent with these rules shall be issued. 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. The deponent in a deposition shall ordinarily be required to answer all questions not subject to privilege or excused by the statute relating to depositions, and it is not grounds for refusal to answer a particular question that the testimony would be inadmissible at the trial if the testimony sought appears reasonably calculated to lead to the discovery of admissible evidence and does not violate any privilege. 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. (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. Failure to obey a subpoena without adequate excuse may be (3) If counsel or the State has a bona fide question about the competency of a defendant to stand trial, counsel or the State shall notify the court. (iv) The Chief Justice of the Superior Court. She has been convicted in the past of sale of heroin and possession of heroin with intent to sell. Prior to imposition of an extended term of imprisonment, the court shall hold a hearing to determine if the jury or the court has made the necessary factual findings. (4) Attorneys Examining. There is no right to appeal the return of untimely requests for sentence review, except that the Sentence Review Division may, for good cause shown, decide, by concurrence of at least two members, to consider the merits of an untimely request for sentence review. Paragraph (d) provides that in trials adjudicating multiple charges, the number of peremptory challenges available to the parties depends on the most serious charge. All grounds for recusal that are known or should reasonably be known prior to trial or hearing shall be incorporated in a written motion for recusal and filed promptly with the court. Boykin, 395 U.S. at 238. A Grand Jury considers evidence presented by the County Attorney or the Attorney General and decides whether there is sufficient evidence to formally charge a person with committing a crime. Roger L. Cass, 25, of 410 Marshall Hill Rd., Columbia was indicted on a charge of operating a motor vehicle after certification as a habitual offender. (5) Upon application of the Attorney General or upon the court's own motion, a justice of the superior court may authorize a stenographic record of the testimony of any witness before a grand jury to be taken by a sworn and qualified reporter. In a proceeding under this rule, if the contempt charged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial or hearing except with the defendant's consent. We will strive to do our best to never act in a manner that diminishes the integrity of our community, ourselves, fellow officers or our facility. (f) Probation. (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. Evidence that is strictly rebutting may be permitted at the discretion of the court upon good cause shown. (3) Joinder of Unrelated Offenses. (10) Each member of the Sentence Review Division shall review the application, transcript of the sentencing hearing, and such other materials as set out in Sentence Review Division Rule 16 and shall then inform the Secretary whether the member is requesting a hearing. Don't Threaten. On March 15, 2022, Amegnra is accused of swinging a machete at A.B. and saying, Im going to kill you. The recording will be provided by the court or by the transcriber designated by the Supreme Court in accordance with Supreme Court Rule 59 on CD or by audio download for a fee to be determined in accordance with a fee schedule approved by the Supreme Court. In such cases, the party or attorney shall be advised of his or her obligation to keep the audio recording confidential. (B) The judge shall have broad discretion in the conduct of the dispositional conference. In all criminal cases, the appearance of counsel for the defendant shall be deemed to be withdrawn thirty days after sentence is imposed unless the sentence imposed was a deferred sentence or unless a post-sentencing motion is filed within said thirty-day period. The Supreme Court adopts these rules pursuant to Part II, Article 73-A of the New Hampshire Constitution. The court shall inform counsel of the appointment as soon as reasonably possible by telephone, facsimile or electronically. Fantasia is accused of placing a Molotov cocktail under J.H.s vehicle at 168 Merrimack St. causing damage in excess of $1,000. For callers outside the U.S and Canada the number is 1-603-415-0162.Hours: Monday - Friday, 8:00am to 4:00pm. So, the choo choo went, Train service would be a big flop as young people today want to travel in their own cars. (17) The Sentence Review Division will not consider any matter or development subsequent to the imposition of the sentence. (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. Encouraging and empowering them to take responsibility for their actions. Any complaint filed with the court after the filing date has passed shall be summarily dismissed by the court unless good cause is shown. A defendant who was prevented from appealing through mistake, accident, or misfortune, and not from neglect, may, within thirty days of the imposition of sentence by the circuit court district division, request the superior court to allow an appeal. The penalty for this Class B felony offense could be 3 years to 7 years in New Hampshire State Prison and/or $4,000. Only one attorney shall argue for each party except by leave of the court. (2) Such individual has refused or is likely to refuse to testify or provide other information on the basis of the privilege against self-incrimination. (d) Bail. (B) Copies of all police reports; statements of witnesses; and to the extent the State is in possession of such materials, results or reports of physical or mental examinations, scientific tests or experiments, or any other reports or statements of experts, as well as a summary of each expert's qualifications, with the exception of drug testing results from the New Hampshire State Forensic Laboratory, which shall be provided within ten court days from the date of indictment, or such other date as may be authorized in the dispositional conference order. On Feb. 27, 2022, Magie is accused of coercing a woman to perform fellatio after placing a firearm on the bed next to her and grabbing her by the neck and demanding she perform the sex act. Sorry, there are no recent results for popular videos. (1) The court shall make a written finding on the issue of probable cause. The Sullivan County Grand Jury indicted Megan Horsfield, 39, of Croydon, with knowingly possessing a controlled drug, specifically alpha-PHP, also known as bath salts, on or between July 22 and July 23, 2019. The prosecutor shall be responsible for informing the victim or next of kin of the right to so address the court. According to the NH Law Library, an indictment is a criminal charge against a person by a Grand Jury. The application shall identify: the defendant; the offense charged; the sentence imposed; and the docket number of the case. The Supreme Court's review in such cases shall be limited to questions of law. According to the indictment, Scott was criminally liable on March 7, 2022, as an accomplice when N.G. was robbed of $200 in cash and struck in the back of the head with a firearm by Angel Caballery. (d) Burden of Proof. Be Truthful. Paragraphs (a) through (c) of Rule 16 derive from RSA 517:13-a, I through III. An indirect criminal contempt shall be prosecuted with notice. See Superior Court Administrative order 2019-002. With respect to subsection (c) of this rule, it is contemplated that such requests will be deemed timely if they are filed enough in advance of the proceeding that the presiding justice has an opportunity to read and consider the request, to orally notify all interested parties of its existence, and to conduct a brief hearing in the event that any interested party objects to the request. This rule does not apply to petitions for habeas corpus. (2) In all cases, the court shall have the responsibility to ensure that each empanelled juror is qualified, fair, and impartial. NEWPORT The grand jurors for the State of New Hampshire on June 26, upon their oath, present that: Doxter, 41, of Newport had to report to the Sullivan County House of Corrections for a felony offense of willful concealment, third offense. 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. Rosa I. Alonzo, 32, and Kristofer A. Giordano, 35, both of 575 Rockingham St., Berlin, were each indicted on two counts of possession of a controlled drug, subsequent conviction. When the complaint charges a felony, a summons may not be issued. (a) Arrest. Please log in, or sign up for a new account to continue reading. The probationer shall: (1) Report to the probation/parole officer at such times and places as directed, comply with the probation/parole officer's instructions, and respond truthfully to all inquiries from the probation/parole officer; (2) Comply with all orders of the court, board of parole or probation/parole officer, including any order for the payment of money; (3) Obtain the probation/parole officer's permission before changing residence or employment or traveling out of state; (4) Notify the probation/parole officer immediately of any arrest, summons or questioning by a law enforcement officer; (5) Diligently seek and maintain lawful employment, notify probationer's employer of probationers legal status, and support dependents to the best of probationers ability; (6) Not receive, possess, control or transport any weapon, explosive or firearm, or simulated weapon, explosive, or firearm; (7) Be of good conduct and obey all laws; (8) Submit to reasonable searches of probationers person, property, and possessions, as requested by the probation/parole officer, and permit the probation/parole officer to visit probationers residence at reasonable times for the purpose of examination and inspection in the enforcement of the conditions of probation or parole; (9) Not associate with any person having a criminal record or with other individuals as directed by the probation/parole officer unless specifically authorized to do so by the probation/parole officer; (10) Not indulge in the illegal use, sale, possession, distribution, or transportation, or be in the presence, of controlled drugs, or use alcoholic beverages to excess; (11) Agree to waive extradition to New Hampshire from any state in the United States or any other place and agree to return to New Hampshire if directed by the probation/parole officer; and. (1) Petition to Annul Criminal Record $ 125.00, (2) Application to Appear Pro Hac Vice $ 350.00, (3) Certificates and Certified Copies $ 10.00. The provisions of Rule 36 are 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). 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. Leonardo Phillips, 27, of 199 Manchester St., criminal threatening. A bail hearing shall be scheduled at the request of the defendant. Meeting June 17, the grand jury returned 15 indictments against 9 individuals. Perry was released on Aug. 22 with condition to appear in Sullivan County Superior Court on Sept. 9 and Sept. 12, which he did not do. 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. The charge is a Class B felony offense. She. David Perez, 33, of Lincoln Avenue, Nashua, attempting to take a gun from a law enforcement officer. indictment alleges that on October 28, 2020 . CLERK OF THE COURT Tommy R. Kerns . 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 confidential document means a document that is confidential in its entirety because it contains confidential information and there is no practicable means of filing a redacted version of the document. (3) In capital cases or first degree murder cases, the court shall allow counsel to conduct individual voir dire. (5) Sanctions for Failure to Comply. Alex Zamansky, 28, of Victor Street, Haverhill, Mass., four counts of aggravated felonious sexual assault, attempted aggravated felonious sexual assault and second-degree assault. Counsel should ordinarily be trial counsel below. (6) Finding of No Probable Cause. Whitaker, 48, of Claremont was arrested on May 22 for three counts of theft by unauthorized taking. If you were summoned for December 19, 2022 your additional reporting dates are here. 613. The appropriate Acknowledgment and Waiver of Rights form shall be read and signed by the defendant, counsel, if any, and the presiding justice. Such testimony shall be admissible into evidence at trial in lieu of any other testimony by the child. All equipment used must operate with minimal noise so as not to disrupt the proceedings. The administrative judge of the circuit court may specially assign a case to a specific judge. If a manifest necessity requires it, a new trial shall be ordered. (3) Notice to Defendant. 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. Attorneys must file the application electronically. Thank you for signing in! 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. Contemporaneously with the furnishing of such witness list and to the extent not already provided pursuant to paragraph (b)(1) of this rule, the State shall provide the defendant with all statements of witnesses the State anticipates calling at the trial or hearing. Kyle F. Bisson, 34, of Pleasant Street, in Laconia, was indicted on two counts of aggravated DWI in connection with an accident in August 2020 in Laconia in which he was seriously injured. 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. Whenever the court approves the withdrawal of appointed defense counsel, the court shall appoint substitute counsel forthwith and notify the defendant of said appointment. On Feb. 17, 2022, he is accused of threatening M.K. with a 9mm Glock handgun. A party seeking special assignment shall file a motion setting forth the grounds justifying the request and shall state whether or not counsel of record join in or object to the motion. This rule shall not apply to ex parte pleadings and shall not require a party to provide duplicate copies of documents already in another partys possession. (g) Nothing in this rule shall prevent the court from increasing a detained or non-detained defendant's bail or conditions of bail without the presence of counsel when the court makes a specific finding that such increase is necessary to reasonably assure the appearance of the defendant as required or that release without such increase will endanger the safety of the defendant or any other person or the community. On Dec. 14, 2021, Scanlon is accused of pointed a gun at E.B. saying, Ill kill you if you leave. On Jan. 16, 2022, he allegedly stomped on E.B.s left wrist, fracturing a bone and then prevented her from leaving to get medical treatment. Upon motion by a party, the court may permit the party to make such showing of good cause, in whole or in part, in the form of an ex parte written submission to be reviewed by the court in camera. (16) The Sentence Review Division will only consider matters that are a part of the record of sentencing. (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. While driving on the John Stark Highway in Newport, Horsfield allegedly caused a collision resulting in serious bodily injury to another person. 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. Sullivan County Grand Jurors indicted Danielle Pollari, 41, of Newport, with knowingly having in her possession a set of metallic knuckles on Sept. 21. The court, in its discretion, may grant such a motion after trial commences. The Sullivan County Grand Jury indicted Christopher Reamon, 40, of Unity, with knowingly engaging in the strangulation of another on Aug. 27, 2019. It is within the discretion of the court to grant a petition for annulment. If the defendant intends to rely upon any defense specified in the Criminal Code, the defendant shall within sixty calendar days if the case originated in superior court, or thirty calendar days if the case originated in circuit court-district division, after the entry of a plea of not guilty, or within such further time as the court may order for good cause shown, file a notice of such intention setting forth the grounds therefor with the court and the prosecution. An appeal may not be withdrawn after the record of appeal has been sent to the superior court. - Manage notification subscriptions, save form progress and more. In other words, labeling a document as confidential or under seal or requesting the court to seal a pleading in the prayers for relief without a separate motion to seal filed pursuant to this rule will result in the document being filed as part of the public record in the case. A defendant may be sentenced to a period of conditional discharge as provided in RSA 651:2, VI. The charge is a Class B felony offense. (c) Documents Containing Confidential Information. Eight individuals were indicted on criminal charges by a Brown County grand jury on Feb. 9. (e) Motion to Set Aside Verdict. On Nov. 8, 2021, Lages is accused of striking J.G. multiple times, causing J.G. to sustain a jaw fracture. The incident also earned Beattie another Class B felony charge, of reckless conduct with a deadly weapon, in that he allegedly discharged a firearm in a residential neighborhood.
