(a) Arrest. The judge is the only person who will see the number. Lord-Hill, 32, of Claremont was arrested on April 16 for resisting arrest. 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. From Claremont:Head East on Route 11/103 ( Washington Street ) passing Walmart, K-Mart, Market Basket. Jose Rodriguez Hernandez, 43, of Spruce Street, first-degree assault, two counts of reckless conduct and criminal threatening. If you were summoned for March 6, 2023 your additional reporting dates are here. (3) Violation of this rule may be treated as contempt of court. Invalid password or account does not exist. Paragraph (d) provides that in trials adjudicating multiple charges, the number of peremptory challenges available to the parties depends on the most serious charge. 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. (3) A party filing a confidential document must also file a separate motion to seal pursuant to subdivision (d) of this rule. Submitting this form below will send a message to your email with a link to change your password. On March 4, 2022, he is accused of pointing a knife at M.R., an intimate partner, and telling her she was going to die before police arrived. With the consent of all parties, the trial judge may permit jurors to pose written questions. 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. Any complaint filed with the court after the filing date has passed shall be summarily dismissed by the court unless good cause is shown. (2) Court's Rejection of Negotiated Plea. Hayden, 38, of Claremont was arrested on April 29 at 23 Trinity Street in Claremont for possession of a controlled drug. indictment alleges that on October 28, 2020 . 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 court shall review the pre-sentence report and afford the defendant and the State a reasonable opportunity to challenge, rebut or correct factual material contained within the report that might bear on the sentence. If the defendant fails to comply with this rule, the court may exclude any testimony relating to such defense or make such other order as the interest of justice requires. (3) Motions to Continue. If you were summoned for January 3, 2023 your additional reporting dates are here. The party who called the witness will proceed first. Upon a showing satisfactory to the court that a defendant has failed to pay an assessment ordered by the court, the burden of proof shall be upon the defendant to establish by a preponderance of the evidence that he or she does not have the ability to pay and that he or she has exercised reasonable diligence in pursuing the means to pay. She failed to surrender for service of a sentence at the house of corrections beginning on May 9 as directed by the sentencing order. With respect to the double jeopardy implications of contempt prosecutions, see State v. Goodnow, 140 N.H. 38 (1995). The court shall inform counsel of the appointment as soon as reasonably possible by telephone, facsimile or electronically. 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. We hope that you enjoy our free content. In the event that a self-represented defendant files such petition, the clerk shall forward a copy thereof to the prosecutor and the warden of the state prison. (3) When questioning of the first witness is completed, the court will allow jurors to formulate any questions they may have, in writing. Upon application of any person the court may issue appropriate protective orders and/or sanctions as justice may require. Upon issuance of a summons, the complaint and summons shall be filed with a court of competent jurisdiction without unreasonable delay but no later than 14 days prior to the date of arraignment. On June 10, 2021, Perez Medina is accused of striking S.R.C. in the body while S.R.C. was on the ground. (3) The following provisions govern a partys obligations when filing a confidential document or documents containing confidential information as defined in this rule. 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. (A) General Notice Obligations. If two or more defendants are to be tried together, the trial shall be before a jury unless all defendants waive the right to a jury trial. (a) Adoption. On Feb. 28, 2022, Pacheco is accused of pointing a firearm at A.B.. Havlir, 57, of Claremont was arrested for receiving benefits to which she was not entitled between Dec. 1 2013 and Dec. 23, 2015. (2) Set up and dismantling of equipment in a disruptive manner while court is in session is prohibited. The provisions of Rule 35 are consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rules1.1A (Computation and Extension of Time), 1.3 (Attorneys) and 1.3-A (Pleadings Copies to all parties). (b) An attorney may not participate as an advocate in a trial in which the attorney has testified, unless permitted to do so by the Rules of Professional Conduct. Sullivan County Superior Court Juror Information LOCATION OF COURT The Sullivan County Superior Court is located at 22 Main Street, Newport. (b) State Appeals. To conduct ourselves in a professional manner and treat all offenders with respect, offering them the opportunity to better themselves through programming, education and counseling. Photo Gallery of Sullivan House Construction. (g) The presiding justice retains discretion to limit the number of cameras, recording devices, and related equipment allowed in the courtroom at one time. As you enter Newport , you will go down a hill ( Sunapee Street ) and see Main Street ahead. 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. (24) Unless, after hearing, at least two members of the Sentence Review Division concur in increasing, decreasing, or otherwise modifying a sentence, the sentence imposed by the sentencing judge shall stand. The probationer shall be afforded: (1) Prior written notice of the conduct that triggers the filing of the violation; (2) Prior disclosure to the probationer of the evidence that will be offered to prove the violation and all related exculpatory evidence; (3) The opportunity to be heard in person and to present witnesses and evidence; (4) The right to see, hear and question all witnesses; (6) If a finding of chargeable is entered, a statement on the record by the court indicating in substance the evidence relied upon in reaching its determination. In felony cases, the sentencing hearing shall be scheduled for a later date unless the court orders otherwise. Prior to presenting evidence, the prosecution shall make an opening statement. On March 15, 2022, Amegnra is accused of swinging a machete at A.B. and saying, Im going to kill you. Confidential Documents and Confidential Information, Rule 51. (1) General. (3) No recording, photographing, or broadcasting equipment may be moved into, out of, or within the courtroom while court is in session. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Belknap County on or after July 1, 2016. (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. A circuit court-district division complaint charging a class A misdemeanor or felony shall be signed under oath, provided that a complaint filed by a police officer, as defined in RSA 106-L:2, I, for a violation-level offense or a class B misdemeanor shall not require an oath. 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. (d) Peremptory Challenges. Tim Dockery, 35, 140 Cleveland St., Gate City, Va., was indicted in a second embezzlement case. 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. Attorneys must file the application electronically. 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. 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 . Sullivan County Grand Jurors indicted Kameron Bomhower, 29, currently in residence at the Sullivan County House of Corrections, with purposely obscuring a surveillance camera in the jail by holding a newspaper over it on Aug. 17. (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. In addition to a transcript of the sentencing hearing, the Division will require the production of the following material if it was considered by the sentencing judge in the imposition of sentence: (B) Any other records, documents or exhibits preserved in the record of the sentencing hearing. The defendant shall be asked to enter a plea of guilty, not guilty, or, with the consent of the court, nolo contendere. Such agreement shall list the email address(es) at which counsel agree to be served. Aaron Silva, 23, of Hevey Street, criminal threatening, possession of a controlled drug delta-9 tetrahydrocannabinol with intent to sell, and possession of marijuana in excess of five pounds. 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. He was also indicted on charges of possessing fentanyl and cocaine base. On Feb. 10, 2022, he is accused of placing two children, ages 8 and 3, in danger of serious bodily injury by exposing them to multiple uncapped syringes with exposed hypodermic needles with at least one of them containing fentanyl. Thomas E. St. Louis, 50, of Hevey Street, two counts of criminal threatening and second-degree assault. If no other charges remain pending in the case after dismissal the court shall vacate all bail orders. Our mission is to execute the court orders while providing the highest level of safety and security for our community, staff, and offenders. The charge is a Class B felony offense. The Sentence Review Division record log shall be open for public inspection. Mark Vilgrain, 29, of Second Crown Point Road, Barrington, second-degree assault. (a) Arrest on a Charge Originating in Superior Court. This determination must be made within forty-eight hours of the defendant's arrest Saturday, Sunday and holidays excepted. 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. Concord, NH - New Hampshire Attorney General John M. Formella announces that 10 individuals have been indicted by the Hillsborough County Grand Jury as a result of the ongoing investigation into the Youth Development Center (YDC), and Sununu Youth Services Center (SYSC). The penalty for bail jumping is 3 to 7 years in state prison and a $5,000 fine. See Apprendi v. New Jersey, 530 U.S. 466 (2000); State v. Russell, 159 N.H. 475 (2009). The defendant shall be provided with a copy of the complaint. 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. You will pass Lake Sunapee and Mt. In Hillsborough 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 September 1, 2017 shall be initiated in superior court. If a trial judge decides to permit jurors to pose written questions at trial, the court shall use the following procedure: (1) At the start of the trial, the judge will announce to the jury and counsel the decision to allow jurors to pose written questions to witnesses. As a court may do when considering an obligors ability to pay child support, alimony, or other indebtedness, the court also may consider: (1) spousal, partner and family income or assets to the extent they are available to the defendant; (2) the defendants ability to access credit; and (3) the diligence exercised by the defendant in pursuing employment or other means of satisfying his financial obligations. On Nov. 3, 2021, Walsh identified himself as Tommy Walsh to Manchester police after he was arrested on two counts of possessing a controlled drug. 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. (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. (e) Order of Annulment. Blountville, TN 37617. Threats of harming another A defendant may be sentenced to a period of conditional discharge as provided in RSA 651:2, VI. (B) Prior Sexual Activity of Victim. An order will be issued setting forth the courts ruling on the motion to seal. David Perez, 33, of Lincoln Avenue, Nashua, attempting to take a gun from a law enforcement officer. (2) Appeal for Trial De Novo in the Superior Court. (4) An order shall be issued setting forth the courts ruling on the motion, which shall be made public. On Sept. 18, 2022, Allen is accused of firing a handgun in Sheehan-Basquil Park, a densely populated area of the city with homes, apartment buildings, and an elementary school and businesses in the area. 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. NH 03860 Phone: 603.356.3456 Email: admin@conwaydailysun.com. Create a Website Account - Manage notification subscriptions, save form progress and more. Some questions cannot be asked in a court of law because of certain legal principles. (6) The Secretary of the Sentence Review Division shall keep a record log in which shall be recorded the date the completed application for review was filed with the Secretary or Clerk, whichever was earlier. The State shall also furnish a copy of the defendants criminal record as soon as reasonably possible. (12) The filing of an application for sentence review does not stay execution of the sentence as originally imposed. (c) Unless otherwise ordered by the court for good cause shown, no victim or witness whose testimony is taken pursuant to this section shall be required to appear or testify at trial. The penalty for possession a controlled drug is 3 to 7 years in state prison and a $25,000 fine. From Lebanon:Take I-89 South to Exit 13 (Grantham). (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. 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. Zamansky also is charged with choking her. The court shall inform counsel of the appointment immediately in person, if present, or by telephone or electronically if counsel for the detained defendant is unavailable at the court at the time of the arraignment. James Perry, 31, of Claremont, was indicted for a Class B felony offense, bail jumping, for failing to appear in court as agreed. The complaint shall be filed in Superior Court by the county attorney, attorney general or their designee 48 hours prior to arraignment, for non-incarcerated defendants, and no later than arraignment for incarcerated defendants. The Sulllivan County Grand Jurors indicted Justin Gunnip, 32, of Unity, with purposely obstructing a camera Aug. 17 at the Sullivan County House of Corrections to prevent it from recording an incident, so that the recording could not be used as evidence. (1) Both the defendant and the State will be afforded the opportunity to address the court, call witnesses, and present evidence relevant to sentencing. Filers shall not combine multiple motions seeking separate and distinct relief into a single filing. 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. (2) Whenever a party intends to proffer in a criminal proceeding a certificate executed pursuant to RSA 318-B:26-a(II), notice of an intent to proffer that certificate and all reports relating to the analysis in question, including a copy of the certificate, shall be conveyed to the opposing party or parties at least twenty-five days before the proceeding begins. In addition to the HTO law violation, Jackie D. Clifton Jr., 37, 2108 New Beason Well Road, Kingsport, was indicted on charges of aggravated assault by the use or display of a deadly weapon, felony reckless endangerment, felony evading arrest, violation of the implied consent law, driving under the influence, and DUI sixth offense. You have permission to edit this article. PLEASE TURN OFF YOUR CAPS LOCK. In such cases, the party or attorney shall be advised of his or her obligation to keep the audio recording confidential. (e) If a defendant who is detained indicates a financial inability to obtain counsel and a desire for appointed counsel, the court shall instruct the defendant to complete a Request for a lawyer form immediately and, if eligible, counsel shall be appointed immediately. (a) A motion for reconsideration or other post-decision relief shall be filed within ten days of the date on the clerks written notice of the order or decision, which shall be mailed or electronically delivered by the clerk on the date of the notice. Except for good cause shown, the failure of either party to set expert witness disclosure deadlines at the dispositional conference may be grounds to exclude the expert from testifying at trial. Visiting times are as follows: Units 1, 2 and 3- 07:30am to 9:40pm daily. 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. The Atm company required reimbursement from the store. The prosecutor shall be responsible for informing the victim or next of kin of the right to so address the court. (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. On April 29, 2021, the Multicounty Grand Jury returned indictments to Rockingham County Superior Court charging Ms. Jutras with eight extended-term class A felony counts of identity fraud, one extended-term class A felony count of theft by unauthorized taking or transfer, and one extended-term class B felony count of theft by unauthorized taking On Nov. 8, 2021, Lages is accused of striking J.G. multiple times, causing J.G. to sustain a jaw fracture. The clerk shall, within 7 days, issue an order of notice directed to the appropriate parties. Failure to obey a subpoena without adequate excuse may be No sentence may be increased, decreased, or modified without the opportunity for the defendant to appear and be heard, in person or by videoconference, and the opportunity to be represented by counsel. Evidently not. He did not disclose receipt of wages from JB Hunt Transport, Inc. 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. (d) If a defendant who is not detained indicates a financial inability to obtain counsel and a desire for appointed counsel, the court shall instruct the defendant to complete a Request for a lawyer form prior to leaving the courthouse and, if eligible, counsel shall be appointed no later than 24 hours from the date of the request. The order shall include the duration that the confidential document or document containing confidential information shall remain under seal. Should any member request a hearing, the Secretary shall issue a notice of hearing to the persons set out in Sentence Review Division Rule 8. Upon the motion of either party, or on its own motion, the court may enter additional protective orders regarding the information subject to this rule. Enter rotary and stay to the left. 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. (4) If a hearing is held, the state shall bear the burden of proving there is probable cause to believe that a felony has been committed and that the person charged has committed it. All equipment used must operate with minimal noise so as not to disrupt the proceedings. The indictment states that on April 14, Hale caused serious bodily harm to a person under 13, in discharging a firearm through the ceiling of a residence, resulting in a bullet striking 3 year old child and causing serious bodily injury. Eight individuals were indicted on criminal charges by a Brown County grand jury on Feb. 9. (2) Pleas. . Three cases involved men whose alleged offenses included a violation of the Habitual Traffic Offender Law. The penalty for each offense, according to New Hampshire law, is listed below, but none of the offenders have yet been sentenced. In imposing such limitations, the presiding justice may give preference to requests to photograph, record, or broadcast made by a representative of an established media organization that disseminates information concerning court proceedings to the public. (3) Rebuttal Evidence. When a verdict is returned and before it is recorded the jury may be polled at the request of any party or upon the court's own motion. Apr. (C) Review may not be sought for any sentence submitted to the sentencing judge where there is an agreement between the State and the defendant as to the sentence to be imposed in exchange for a plea (a so-called "negotiated plea"), or where there is an agreement between the State and the defendant limiting the sentence to less than the maximum which could be imposed under the law (a so-called "capped plea.") (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. Necessary cookies are absolutely essential for the website to function properly. A fee of $20 per name will be assessed for up to 5 names. A request for a hearing shall not be unreasonably denied. Counsel shall be prepared to discuss their availability for trial or hearing as scheduled by the court. So, the choo choo went, Train service would be a big flop as young people today want to travel in their own cars. Keep it Clean. Edward Bryans, 59, of Mountain Drive, in Marlborough, was indicted for reckless conduct with a deadly weapon. He also is accused of choking her. (iii) not less than 30 days prior to jury selection, a party shall file a motion to exclude evidence it believes constitutes Rule 404(b) evidence if no motion to admit the evidence has been filed by the opposing party. At its option in such a case, the defense may open immediately thereafter or after the prosecution has concluded its case-in-chief and before presenting defense evidence. (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. . See generally Petition of WMUR Channel 9, 148 N.H. 644 (2002) (decided under prior version of the rule). 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. The court in its discretion may permit either party to take the deposition of any witness, except the defendant, in any criminal case upon a finding by a preponderance of the evidence that such deposition is necessary: (1) To preserve the testimony of any witness who is unlikely to be available for trial due to illness, absence from the jurisdiction, or reluctance to cooperate; or. 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). As provided by law, a defendant who has been convicted of a crime capable of being annulled may apply to the court in which the defendant was convicted to annul the conviction. The defendant also has the right to present witnesses and evidence, and to testify with regard to the sentence to be imposed. Be Truthful. (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. (a) Information from the State. Should none of the three members request a hearing, the Secretary shall issue a notice to the persons set out in Sentence Review Division Rule 8 that the sentence is affirmed without hearing. Beaton is accused of posting online private sexual images of M.V. with the intent to harass, intimidate or threaten M.V.. Such action may include, without limitation, the imposition of monetary sanctions against either counsel or a party, which may include fines to be paid to the court, and reasonable attorney's fees and costs to be paid to the opposing party. If none of the confidential information is required or material to the proceeding, the party should file only the version of the document from which the omissions or redactions have been made. (c) Misdemeanor Appealed to Superior Court. (d) Arraignment. 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. 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. The charges are from Nov. 13 and Nov. 19, 2021. When there is an appeal after a conviction in either circuit court-district division or superior court, or when either party appeals prior to or during trial, the trial court may authorize the defendants release on bail pending the appeal as provided by statute. There is 2-hour parking in front or in the public parking area at the median. 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 probable cause for arrest. Boykin v. Alabama, 395 U.S. 238 (1969); Richard v. MacAskill, 129 N.H. 405 (1987). (C) A statement as to whether or not the foregoing evidence, or any part thereof, will be offered at the trial. When the defendant has been convicted of a violation, or in any case where an appeal for a trial de novo in superior court is not permitted, the defendant may likewise appeal to the Supreme Court at the time the sentence is declared or within thirty days after the sentence is declared. (5) Objections; Offers of Proof. (C) Information for which a party can establish a specific and substantial interest in maintaining confidentiality that outweighs the strong presumption in favor of public access to court records. Documents which contain such information and which are in the court record shall be kept under seal from public view.

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