(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. (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. (a) Scope. (a) The appropriate fee must accompany relevant filings. (A) Extended Term Sentences. Threats of harming another (a)Venue Established. The penalty for possession a controlled drug is 3 to 7 years in state prison and a $25,000 fine. In addition to the notice requirements in (c), affirmative defenses must be raised by written notice at least five days in advance of trial. A preliminary hearing, conducted by the department of corrections, shall be held within seventy-two hours of the time of arrest, excluding weekends and holidays, pursuant to RSA 504-A:5. In the event that the court determines that the document or information contained in the document is confidential, the order shall include findings of fact and rulings of law that support the decision of nondisclosure. See Rule 37. The charge is a Class B felony offense. Plain error that affects substantial rights may be considered even though it was not brought to the court's attention. Michael J. Kustra, 31, of Pine Street, No. 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. Take Exit 9, Warner, Route 103. racist or sexually-oriented language. Also, if a particular question cannot be asked, you must not speculate about what the answer might have been. Except as is provided in (i) below, no attorney shall be permitted to withdraw an appearance after the case has been assigned for trial or hearing, except upon motion granted by the court for good cause shown, and on such terms as the court may order. Click Here for Frequently Asked Questions & Answers! (6) Motions Seeking Additional Discovery. (c) Expert Witness. The drug was in a syringe. The State shall also furnish a copy of the defendants criminal record as soon as reasonably possible. On Feb. 18, 2022, Jackson is accused of firing a gun, striking a building at 96 Notre Dame Ave. Joan Josif Jokai-Weiss, 61, of Hanover, Germany, theft by deception. Alex Zamansky, 28, of Victor Street, Haverhill, Mass., four counts of aggravated felonious sexual assault, attempted aggravated felonious sexual assault and second-degree assault. (1) An attorney who is not a member of the New Hampshire Bar shall not be allowed to engage in the trial or hearing in any case, except on application to appear pro hac vice, which will not ordinarily be granted unless a member of the Bar of this State is associated with the non-member attorney and the member attorney is present at the trial or hearing. If the evidence is found to be inadmissible, it will not be admitted at the trial and the prosecution shall not refer to such evidence at any time thereafter. (a) For Attendance of Witnesses; Form; Issuance. Photographing, Recording, and Broadcasting, Rule 47. In any case in which there exists the possibility that the court may sua sponte impose an extended term, notice must be given by the trial judge prior to the commencement of the trial. State v. Flood, 159 N.H. 353 (2009). Take a right at end of exit ramp onto Route 103 West. On Feb. 4, 2022, Kustra is accused of pointing a knife at W.M. and saying, Ill fucking kill you.. (2) All motions must contain the word motion in the title. The following people were indicted Thursday, Sept. 1, 2022 by a McLennan County grand jury. CLERK OF THE COURT Tommy R. Kerns . Links are grouped by those that cover courts statewide, for multiple counties, and then by individual county. (14) (A) Review may be sought for any state prison sentence resulting from a finding of guilty following trial, or as a result of entering a plea of guilty, or a finding of guilty following a plea of nolo contendere, where there is no 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 "naked plea"). 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. 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. 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. Except with respect to witnesses or information first disclosed pursuant to paragraph (b)(4), all motions seeking additional discovery, including motions for a bill of particulars and for depositions, shall be filed within sixty calendar days if the case originated in Superior Court, or within forty-five calendar days if the case originated in Circuit Court District Division after the defendant enters a plea of not guilty. Sullivan Superior Court 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. On Feb. 17, 2022, he is accused of threatening M.K. with a 9mm Glock handgun. Upon request, the court shall permit counsel to present offers of proof in support of the objection or response. The court may issue additional orders as necessary to preserve the confidentiality of a document pending a final ruling or appeal of an order to unseal. Directions toSullivan County Superior Court. Keep it Clean. He was also indicted on charges of possessing fentanyl and cocaine base. The DOC will be conducting at home video visits only until further 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. (7) Testimony of Witnesses. Our mission is to execute the court orders while providing the highest level of safety and security for our community, staff, and offenders. There is 2-hour parking in front or in the public parking area at the median. The email header shall include the caption of the case and its docket number. Upon entry of a plea of not guilty, the case shall be scheduled for trial. I will permit you to submit written questions to witnesses under the following arrangements. Rule 46 is consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rule 1.4 (Photographing, Recording and Broadcasting). The Sullivan County Grand Jury indicted Jody E. Barry, 35, of Claremont, with driving a motor vehicle while under the influence of a substance that impairs a persons ability to drive, causing a collision to the person of Jody E. Barry, and having done so while on release from Grafton County Superior Court. N.H. R. of Prof. In essence, it is a hearing to determine whether probable cause exists. A defendant may waive the right to a probable cause hearing. The idea was incorporated in the Fifth Amendment to the United States Constitution. Jeremy Burdick was a law enforcement officer, Lord-Hill climbed a fence and ran despite verbal commands to the contrary from Burdick. (e) Procedure for Seeking Access to a Document or Information Contained in A Document that has been Determined to be Confidential. 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. Failure to obey a subpoena without adequate excuse may be 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. At second set of lights take a left. Should he choose the de novo jury trial in superior court and again be convicted there, he may of course appeal that conviction to this court. Thompson, 165 N.H. at 788. Initial Proceedings in Circuit Court-District Division, Rule 5. For rules governing motions to continue in Circuit Court-District Division, see Circuit Court-District Division Rule 1.8-A. 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. From Claremont:Head East on Route 11/103 ( Washington Street ) passing Walmart, K-Mart, Market Basket. Prior to being dismissed, a witness is subject to recall by either party. She also is accused of swinging a hard object toward C.L.. The document shall remain under seal pending ruling on a timely motion. A request for a hearing shall not be unreasonably denied. Gregory Fox, 42, of Pine Street, attempted murder. 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. (d) Extended Term. Upon a sufficient showing of good cause, the court may at any time order that discovery required hereunder be denied, restricted, or deferred, or make such other order as is appropriate. The grand jury shall consist of no fewer than twelve nor more than twenty-three members. When permitted by statute or required by the New Hampshire Constitution, an appeal to the superior court may be taken by the defendant by giving notice in open court after the court pronounces sentence, or by filing written notice with the clerk of the circuit court-district division within three days of the verdict. See generally Petition of WMUR Channel 9, 148 N.H. 644 (2002) (decided under prior version of the rule). A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or other objects designated therein at the time and place specified therein. On April 17, 2022, he is accused of striking D.L. in the head with a blunt object, causing serious bodily injury. each comment to let us know of abusive posts. The complaint is a written statement of the essential facts constituting the offense charged. (H) Statistical information concerning the sentences imposed for the same crime committed by other individuals in the State of New Hampshire. None of the information offered by this site can be used for assessing or evaluating a person's eligibility for employment, housing, insurance, credit, or for any other purpose covered under the Fair Credit Reporting Act. (d) Witnesses Under Sixteen Years of Age. On Feb. 2, 2022, he is accused of firing a gun in the residential area of Dionne Drive. 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. Vicmary Perez Medina, 43, of Laurel Street, second-degree assault. Some clouds this morning will give way to generally sunny skies for the afternoon. CONCORD, NH The following people were indicted recently in Merrimack County Superior Court. Interpreters for Proceedings in Court, Rule 48. If a defendant refuses to plead or if a court refuses to accept a plea of guilty, the court shall enter a plea of not guilty. Any petition for annulment which does not meet the requirements as set forth by statute shall be dismissed without a hearing but without prejudice to the defendants right to re-apply as permitted by law. After each witness has been examined by counsel, you will be allowed to formulate any questions you may have of the witness. (2) If the probationer is incarcerated as a result of arrest for violating the terms of probation pursuant to RSA 504-A:4(1), the court will schedule a bail hearing upon motion. Choose wisely! See RSA 594:14. 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. (E) All exculpatory materials required to be disclosed pursuant to the doctrine of Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, including State v. Laurie, 139 N.H. 325 (1995). On Jan. 18, 2022, Olivier allegedly waived a loaded handgun while yelling at an intimate partner. A slate of Coos County residents face felony drug charges after grand jury indictments were . If a defendant refuses to plead or if a court refuses to accept a plea of guilty, the court shall enter a plea of not guilty. Oral notice of the conduct observed must be given by the judge. (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. The bailiff will collect the questions, and I will then consider whether they are permitted under our rules of evidence and are relevant to the subject matter of the witness' testimony. Whenever the court approves the withdrawal of appointed defense counsel, the court shall appoint substitute counsel forthwith and notify the defendant of said appointment. The rules establish a uniform system of procedure for the circuit court-district division and superior courts, except as otherwise specifically provided. 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 appointed counsel in a criminal matter must withdraw due to a conflict of interest as defined by Rules 1.7(a), 1.9(a) and (b), and/or 1.10 (a), (b), and (c) of the New Hampshire Rules of Professional Conduct, counsel shall forward a Notice of Withdrawal to the court and substitute counsel shall be appointed forthwith. Sullivan County Grand jury indictments include drugs, DUIs, Subscriber Verification(Must be Logged In Using Free Account). Jennifer Perez Baez, 29, of Trahan Street, first-degree assault. David Lynn Brummitt, 29, 515 Massengill Private Drive, was indicted on a false report charge after police say he testified at a preliminary hearing that hed falsely accused the man on Nov. 28, 2007. For a plea to be knowing, intelligent, and voluntary, the defendant must understand the essential elements of the crime to which a guilty plea is being entered. (2) Pleas. The defendant may appeal to the superior court. punishable by contempt of court. Your account has been registered, and you are now logged in. 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. The question should, however, attempt to obtain the information sought by the juror's original question. (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. Felonies and misdemeanors punishable by a term of imprisonment exceeding one year shall be charged by an indictment. (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. These cookies do not store any personal information. (d) In cases where the defendant is not detained, arraignment may be continued without the personal appearance of the defendant or the entry of an appearance by counsel upon timely motion made in writing if the court is satisfied with the terms of bail. The Grand Jury indicted Jami Mulhern, 43, of Claremont, with possession of heroin on June 28, a Class B felony. So, the choo choo went, Train service would be a big flop as young people today want to travel in their own cars. Except for good cause shown, motions to suppress shall be heard in advance of trial. The Supreme Court's review in such cases shall be limited to questions of law. Inmates are required to do ninety days of in-house programming; which includes classes on alcohol and substance abuse, cognitive problem solving, anger management, GED preparation, wellness, re-entry, job preparation, restorative justice and other various topics, while living in the CCC. (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. Oral testimony, if submitted, shall be under oath and recorded. Then partly to mostly cloudy overnight. It is part of due process. One Kingsport mans indictment alleges he embezzled $2,937 from a Kingsport Subway between Nov. 22, 2006, and Dec. 31, 2006. Prior to submission of the case to the court, a party may reopen evidence for good cause shown. (B) Not less than twenty calendar days prior to the final pretrial conference or, in the case of a pretrial evidentiary hearing, not less than three calendar days prior to such hearing, the State shall provide the defendant with a list of the names of the witnesses it anticipates calling at the trial or hearing. Misdemeanors punishable by a term of imprisonment of one year or less may be charged in an indictment. PLEASE TURN OFF YOUR CAPS LOCK. Failure to object shall not, in and of itself, be grounds for granting a motion. Martin Jaquith, 52, of Constitution Way was arraigned Jan. 8 on a single count of enticement of a child under 16 and ordered held on $10,000 cash bail. (3) The following provisions govern a partys obligations when filing a confidential document or documents containing confidential information as defined in this rule. 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. Prior to submission of the case to the court, a party may reopen evidence for good cause shown. Confidential Documents and Confidential Information, Rule 51. (1) At the defendant's first appearance before the court, the court shall inform the defendant of his or her ability to obtain discovery from the State. He was arrested June 26, 2007, after police allegedly found him in possession of a crack pipe. Welcome! On June 10, 2021, Perez Baez is accused of striking S.R.C. in the body with brass knuckles. They took effect on January 1, 2016 and apply to criminal actions pending or filed in circuit court or superior court in Cheshire and Strafford Counties on or after that date. (1) The court will not hear any motion grounded upon facts, unless they are verified by affidavit, or are apparent from the record or from the papers on file in the case, or are agreed to and stated in writing signed by the parties or their attorneys; and the same rule will be applied as to all facts relied on in opposing any motion. Tabatha Scott, 31, Hevey Street, accomplice to first-degree assault and robbery. The Supreme Court adopts these rules pursuant to Part II, Article 73-A of the New Hampshire Constitution. 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. (ii) not less than 45 days prior to jury selection, a party seeking to offer evidence of other crimes, wrongs, or acts pursuant to Rule of Evidence 404(b), must file a motion to admit such evidence. She intentionally failed to that John Patten, the father of her son, was a household member. (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. (d) Bail. Eduardo Lages, 34, of Quincy Street, second-degree assault, criminal threatening and felonious possession of a dangerous weapon, a firearm. According to the NH Law Library, an indictment is a criminal charge against a person by a Grand Jury. Among those indicted were: Adam R. Allen, 40, of 64-A Union St., reckless conduct, deadly weapon. After submission of the case, but before the return of a verdict, a party may reopen evidence after showing good cause, in the discretion of the court. (d) In the event that a guardian ad litem is appointed to represent the interests of a minor victim or witness, the role and scope of services of the guardian ad litem shall be explicitly outlined by the trial judge prior to trial. 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. When opening statements are permitted, the prosecution shall make an opening statement prior to presenting evidence. The time for filing an appeal on behalf of the State, as well as the permissible grounds for filing such an appeal, shall be as otherwise provided by law. 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. (B) After notice and within thirty (30) days of imposition of a New Hampshire State Prison sentence by the Superior Court, the State may apply to have the sentence reviewed by the Sentence Review Division. The (h) By signing a pleading, an attorney certifies that the attorney has read the pleading, that to the best of the attorneys knowledge, information and belief there is a good ground to support it, and that it is not interposed for delay. The defendant also has the right to present witnesses and evidence, and to testify with regard to the sentence to be imposed. (1) Violations. (c) Service. Chance of snow 40%. (2) Case initiated in Superior Court. Court appointed counsel shall be reimbursed as provided by law. It is mandatory to procure user consent prior to running these cookies on your website. (b) Upon the violation of any rule of court, the court may take such action as justice may require. The Constitution of 1876 requires a grand jury indictment for prosecution of a felony. If submitted, such statement shall be furnished to the parties prior to the date of any hearing before the Sentence Review Division. (b) Post Trial. Kamon Seace, 28, of S. Main Street, Franklin, riot. 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. (f) Subpoena duces tecum. (E) Any controversial aspects of the trial likely to invoke bias. If you were summoned for December 19, 2022 your additional reporting dates are here. (3) In all cases where the defendant may enter a plea by mail and a summons has been issued to the defendant and in which the defendant has entered a plea of not guilty with the Division of Motor Vehicles, if the Division of Motor Vehicles has not received the complaint directly from the police agency and has forwarded the defendants not guilty plea to the designated court, the complaint must be filed with the court not later than fifteen days from the date of the courts written notice to the law enforcement agency directing that the complaint be filed. 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. These rules apply to all proceedings in which a person is charged as an adult with an offense, whether a crime, such as a felony or a misdemeanor, or a violation. (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. I alone have made this determination, and you should not be offended, or in any way prejudiced by my determination. After submission of the case, but before the return of a verdict, a party may reopen evidence after showing good cause, in the discretion of the court. Boykin, 395 U.S. at 238. We also use third-party cookies that help us analyze and understand how you use this website. CCC males and females- 5:00pm to 9:40pm Monday through Friday, 07:30am to 9:40pm Saturday and Sunday. The notice must articulate the permitted purpose for which the proponent intends to offer the evidence and the reasoning that supports the purpose. (2) To ensure a fair trial, avoid surprise, or for other good cause shown. (2) The determination of a defendants financial ability to pay the assessment shall be made by comparing the defendants assets and income with the amount of the assessment. (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. An agreement of the parties that a document is confidential or contains confidential information is not a sufficient basis alone to seal the record. (10) Reopening Evidence. See Rule 29(k)(14)(c). The disposition, when imposed, shall also be entered on a separately numbered State v. (The Contemnor) file. 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. (i) The court shall make all documents and exhibits filed with the court, and not sealed, available for inspection by members of the public in a reasonably timely fashion, it being recognized that the courts need to make use of documents and exhibits for official purposes must take precedence over their availability for public inspection. There is 2-hour parking in front or in the public parking area at the median. RSA 516:3 provides in pertinent part that any justice may issue writs for witnesses in any pending New Hampshire case. (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. The guardian ad litem shall not be subject to the fine under this rule if, at least ten days prior to the date the report is due, he or she files a motion requesting an extension of time to file the report. The charge is a Class B felony offense. Provided, however, that in any criminal case in which an appeal to the supreme court is filed, trial counsel shall remain responsible for representing the defendant in the supreme court pursuant to Supreme Court Rule 32. Prior to presenting evidence, the prosecution shall make an opening statement. Chance of snow 40%. Photo Gallery of Sullivan House Construction. The parties shall file all motions in limine no less than five calendar days prior to the final pretrial conference. On Feb. 19, 2022, Mateo is accused of striking K.R. in the head with a handgun, causing a laceration. That order did prohibit Hodgkins from operating a motor vehicle on the road ways of New Hampshire. The attorney shall be afforded an opportunity to be heard prior to the start of trial. The court cannot grant use immunity sua sponte under the immunity statute. The discharge of the defendant shall not preclude the State from instituting a subsequent prosecution for the same offense or another offense. (1) A defendant may challenge probable cause during the period from arrest to indictment by motion requesting a probable cause hearing under the following conditions: (A) A complaint has been filed in superior court; (B) The defendant has not been indicted by the grand jury; and. No attorney or self-represented party will be heard until an appearance is so entered.