(d) Arraignment. (1) Both the defendant and the State will be afforded the opportunity to address the court, call witnesses, and present evidence relevant to sentencing. (c) The parties may submit additional information to the personnel conducting the evaluation but are not required to do so in the absence of an order from the court. This determination may be made at the circuit court-district division arraignment, but in any event, must be made within forty-eight hours of the defendant's arrest, Saturdays, Sundays and holidays excluded. (3) The Court shall examine the document in question together with the motion to unseal and any objections thereto to determine whether there is a basis for nondisclosure and, if necessary, hold a hearing thereon. Court, 106 N.H. 48 (1964). To the extent either party contends that a particular statement of a witness otherwise subject to discovery under this rule contains information concerning the mental impressions, theories, legal conclusions or trial or hearing strategy of counsel, or contains information that is not pertinent to the anticipated testimony of the witness on direct or cross examination, that party shall, at or before the time disclosure hereunder is required, submit to the opposing party a proposed redacted copy of the statement deleting the information which the party contends should not be disclosed, together with (A) notification that the statement or report in question has been redacted and (B) (without disclosing the contents of the redacted portions) a general statement of the basis for the redactions. An individual may request that the court quash a subpoena on the grounds of improper service, hardship, or otherwise as provided by law. In Rockingham and Sullivan 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 October 1, 2017 shall be initiated in superior court. If the presiding justice has determined that pool coverage will be required, it is the sole responsibility of such media representatives, with assistance as needed from the clerk or his or her designee, to determine which media organization will provide the coverage feed. 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.. MONTICELLO - Sullivan County Acting District Attorney Meagan Galligan announced that a Sullivan County Grand Jury handed down indictments for two alleged felons this week. 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. (3) The motion to seal shall specifically set forth the duration the party requests that the document remain under seal. When objecting or responding to an objection, counsel shall state the basis for the objection or response. 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. The Sullivan County Grand Jurors on Wednesday Sept. 25 indicted Alan Wirkkala, 52, currently in residence at the Sullivan County House of Corrections, with committing an assault against a man by punching/striking him around the head on Aug. 27. A person charged with a probation violation is entitled to counsel and the appointment of counsel if deemed eligible at all stages of the proceeding. The charges are from Nov. 13 and Nov. 19, 2021. The Sullivan County Superior Court is located at 22 Main Street, Newport. The charge is a Class B felony offense. Follow into Newport. McKenney is accused of intentionally touching the childs genital opening through her clothing. Grand Jury returns 58 indictments - Yahoo! (c) No lawyer shall be compelled to testify in any case in which the lawyer represents a party unless the lawyer has been notified in writing at least thirty days in advance of trial in superior court and at least five days in advance of trial in circuit court-district division. The charge is a Class B felony offense. Initial Proceedings in Circuit Court-District Division, Rule 5. Several defendants facing drug charges were also indicted. (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.") Only the attorney examining or cross-examining a witness may raise objections or respond to objections regarding that witness. If the judge does plan to impose a time limit, counsel should be notified and given an opportunity to object to the length outside the hearing of the jury. The grand jury shall consist of no fewer than twelve nor more than twenty-three members. (3) The court has discretion as to whether to grant applications for admission pro hac vice. The penalty for this offense is of 3 to 7 years in prison and a $4,000 fine. 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. Conduct 4.5; In re Grand Jury Matters, 751 F.2d 13 (1st Cir. After a verdict, either party may request a change in bail as provided by law. (B) After the close of evidence, the defense shall argue first and the prosecution shall argue last. (i) not less than 60 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 provide the other party written notice of its intent to offer such evidence. The complaint is a written statement of the essential facts constituting the offense charged. At the time the document is submitted to the court the party must clearly indicate on the document that the document has been redacted or information has been omitted pursuant to Rule 50(c)(4)(A). (1) Permissibility. . No party in a criminal case shall take the discovery deposition of a victim or witness who has not achieved the age of sixteen years at the time of the deposition. or anything. Winds light and variable. Ludwig v. Massachusetts, 427 U.S. 618, 630 (1976). The Courthouse will be on your left in the Opera House Building, across from the Lake Sunapee Bank. Kitchen, 33, of Claremont was arrested on May 7 for possession of a quantity of pills that contained oxycodone, a schedule II controlled drug. Prior to submission of the case to the court, a party may reopen evidence for good cause shown. Thank you for reading! (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. 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. (1) The following provisions govern a partys obligations when filing a confidential document as defined in this rule. An offense that is punishable by a term of imprisonment exceeding one year may be prosecuted by a complaint with a waiver of indictment. (8) If the court determines that the document is not confidential, any party or person with standing shall have 10 days from the date of the clerks notice of the decision to file a motion to reconsider or a motion for interlocutory appeal to the supreme court. (g) Scope of Depositions. The initiating charging document filed in superior court for felonies and misdemeanors over which the superior court has jurisdiction. This website uses cookies to improve your experience. The administrative judge of the circuit court may specially assign a case to a specific judge. Please avoid obscene, vulgar, lewd, 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 in superior court. (5) Protection of Information not Subject to Disclosure. (7) Waiver. At the request of the party filing the pleading, the court shall forward a copy of the pleading to the party or counsel specified in the request. You cant do this. He also is accused of trying to open her mouth so he could insert his penis. If the defendant is financially eligible, the court shall inform counsel immediately of the appointment (1) by telephone, facsimile or electronically if the defendant is detained or (2) by telephone, electronically or by first-class mail if the defendant is not detained. (k) Unless otherwise ordered by the presiding justice, the following standing orders shall apply to all recording, photographing or broadcasting of proceedings within any courtroom: (1) No flash or other artificial lighting devices shall be used. Where a defendant in a criminal case has filed a financial affidavit and has been determined to be eligible for court-appointed counsel in the circuit court, the defendant shall not be required to file a new financial affidavit upon the appeal or transfer of the same case to the superior court unless facts are brought to the courts attention indicating that there has been a substantial change in the defendants financial circumstances. Except as provided in Subsection (5), a defendant shall not be subject to separate trials for multiple offenses based on the same conduct or arising from the same criminal episode, if such offenses are known to the appropriate prosecuting officer at the time of the commencement of the first trial and are within the jurisdiction of a single court. The burden of proof by a preponderance of the evidence with respect to all elements of the charge shall be upon the State. On June 10, 2021, Perez Baez is accused of striking S.R.C. in the body with brass knuckles. A third felony count attached to the incident, as the Grand Jury indicted Horsfield with a Class B felony for Aggravated DWI, having caused a collision while under the influence of an intoxicant, that caused serious bodily injury to a person, that person being herself. These rules are adopted by the Supreme Court of New Hampshire pursuant to the authority established in Part II, Article 73-A of the New Hampshire Constitution. State v. Farrow, 118 N. H. 296, 307 (1978); State v. Prevost, 105 N.H. 90 (1963). The judge may also impose a time limit. (9) (A) The Secretary shall contact the Clerk of the Sentencing court to arrange for production to the Sentence Review Division of a transcript of the sentencing hearing and of the materials set out in Sentence Review Division Rule 16. A failure to comply with the time limitations regarding the notice of objection required by this section shall constitute a waiver of any objection to the admission of the certificate. On Feb. 19, 2022, Mateo is accused of striking K.R. in the head with a handgun, causing a laceration. 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. (D) The court finds by clear and convincing evidence that the potential for conflict is very slight. Upon application of any person the court may issue appropriate protective orders and/or sanctions as justice may require. Robert Matteson, 29, of 199 Manchester St., witness tampering. The court shall return its verdict within a reasonable time after trial. Saturdays weather: Heavy snow, total accumulation 8-13 inches, high of 33, Shaheen: Put Harriet Tubman on the $20 bill, Another fan of the choo choo .. We had a choo choo, nobody rode it. 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. (2) If the defendant is detained pending arraignment, his or her arraignment shall be scheduled within 24 hours, excluding weekends and holidays unless the person was arrested between 8:00 a.m. and 1:00 p.m. and the persons attorney is not available in which case the arraignment shall take place within 36 hours of arrest, Saturdays, Sundays and holidays excluded. Ricky Brodeur, 48, of Lake Avenue, second floor, two counts of criminal threatening and one charge of being a felon in possession of a dangerous weapon. This rule does not apply to petitions for habeas corpus. Sullivan County Grand Jury | WUVR Radio California Privacy Notice: If you are a California resident, you have the right to know what personal information we collect, the purposes for which we use it, and your options to opt out of its sale. (a) Information from the State. (b) Questioning of Witnesses by Jurors. So, the choo choo went, Train service would be a big flop as young people today want to travel in their own cars. The value of the services was greater than $1,000. Police: Keene man set fire inside Swanzey cruiser after arrest Any answer or objection to a motion must be filed within ten days of filing of the motion. The same procedure may be followed to annul a record of arrest when a charge has been nol prossed, dismissed, the defendant was not prosecuted or has been found not guilty. Madigan failed to disclose to the Department of Health and Human Services that his eligibility had changed. Click Here for Frequently Asked Questions & Answers! Holmes was running stationary radar in Dummer on the Dummer Pond Road, which is open to cars and trucks as well as OHRVs. (2) Case initiated in Superior Court. She failed to surrender for service of a sentence at the house of corrections beginning on May 9 as directed by the sentencing order. At all sentencing hearings on probation violations, the defendant has the right to present witnesses and evidence, and to testify with regard to the sentence to be imposed. No legal advice is offered here and this site is not an alternative to competent legal counsel. Zamansky also is charged with choking her. If the record does not reflect that a plea is voluntarily and intelligently made, it may be withdrawn as a matter of federal constitutional law. If the motion is denied, the courts ruling shall be supported by findings of fact with respect to the allegations contained in the motion. 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. The bail commissioner shall request the defendant to complete the Request for a lawyer form prior to his or her release or detention, in which case the bail commissioner shall forward the Request for a lawyer form to the court or the defendant may return the Request for a lawyer form directly to the court in which his or her arraignment is scheduled. The incidences took place between the June 1 and August 8 of this year in Grantham. 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. All objections to the charge shall be taken on the record before the jury retires. 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. 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). (5) The defendant understands and waives the statutory and constitutional rights as set forth in the Acknowledgement and Waiver of Rights for Probation Violations form. From Concord/Manchester:Take Interstate 89 North. This rule shall not limit the right of the defendant to testify concerning the alibi notwithstanding the failure to give notice. (c) Notice to Defendant. (A) General Notice Obligations. The Community Corrections Center ( CCC) is a 72 bed unit that houses the TRAILS program, which targets offenders with co-occurring substance abuse and mental health disorders, seeks to reduce the number of court-involved adult offenders returning to custody by engaging them in intensive therapeutic case management and transition planning. If submitted, such statement shall be furnished to the parties prior to the date of any hearing before the Sentence Review Division. (16) The Sentence Review Division will only consider matters that are a part of the record of sentencing. MARK LAQUIRE Mark Laquire, 27, of 44 Walnut Street in Claremont was indicted for second degree assault. The court may permit counsel to leave the courthouse upon appropriate conditions. Snowfall rates of 1 inches or more per hour. Cody Magie, 29, of Beech Street, aggravated felonious sexual assault and two counts of second-degree assault. 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. 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. 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. (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. (4) An order shall be issued setting forth the courts ruling on the motion, which shall be made public. 1984). The court shall hold a probable cause hearing within ten days following the arraignment if the defendant is in custody. The penalty for unauthorized taking is 7 to 15 years in state prison and a $4,000 fine. Upon request of any party, the court shall make sufficient findings and rulings to permit meaningful appellate review. William McKenney, 39, of Main Street, four counts of aggravated felonious sexual assault. We'd love to hear eyewitness Objections to the court's ruling in advance of trial admitting the evidence shall be transferred on appeal after trial and not in advance of trial except in the discretion of the court in exceptional circumstances. 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. Hayden had less than half an ounce of cocaine, LSD, oxycodone, and some buprenorphine and was accused of intending to sell it in concert with Steve Kitchen. With respect to the double jeopardy implications of contempt prosecutions, see State v. Goodnow, 140 N.H. 38 (1995). The court may waive the requirements of this rule for good cause shown. Notifications from this discussion will be disabled. If the court accepts a plea agreement, the sentence imposed by the court shall not violate the terms of the agreement. Such persons shall be taken before the superior court no later than 24 hours after the arrest, Saturdays, Sundays and holidays excepted, or no later than 36 hours after arrest if arrested between 8:00 a.m. and 1:00 p.m. and the persons attorney is unable to attend an arraignment on the same day, Saturdays, Sundays, and holidays excepted. The Sulllivan County Grand Jurors indicted Nicholas Beattie, 34, of Grantham, with criminal threatening with a deadly weapon, a Class B felony, on July 13. On Aug. 22 the Grand Jury of the Sullivan County Superior Court in Newport handed down several indictments. Daily Docket | New Hampshire Judicial Branch A slate of Coos County residents face felony drug charges after grand jury indictments were . In the event that the case is brought in a superior court which uses a system of assigned docketing, the clerk shall assign the case to a particular judge. The Community Corrections Center (CCC) is a 72 bed unit that houses the TRAILS program, which targets offenders with co-occurring substance abuse and mental health disorders, seeks to reduce the number of court-involved adult offenders returning to custody by engaging them in intensive therapeutic case management and transition planning. Sentencing hearings in violation and misdemeanor cases shall take place immediately following the finding or verdict of guilty unless the court orders otherwise. Click here to join the growing list of InkLink Community Ad Partners who, like us, are mission driven and believe in building community. (a) Before and During Trial. (e) Waiver of Arraignment. See Rule 37. The rule requires that all communication with the panelists be recorded, and further provides that all communications should be conducted in the presence of counsel. The third sentence of paragraph (a) derives from N.H. Dept of Corrections v. Butland, 147 N.H. 676, 679 (2002), and is not intended to preclude a party from raising an issue on appeal under the plain error rule set forth in Supreme Court Rule 16-A. Elvis Guzman Indicted on Additional Charges | News | NH Department of (f) Sentencing. It is part of due process. The property included a shot gun, a .22 caliber rife, and a semi-automatic rifle. The charge is a Class B felony offense. Anfernee King, 23, of Dubuque Street, second-degree assault, criminal restraint, criminal threatening and being a felon in possession of a dangerous weapon, a Ruger pistol. A fee of $20 per name will be assessed for up to 5 names. On Dec. 12, 2021, Febo is accused of driving under the influence of intoxicating liquor, with a blood alcohol content in excess of .16, and causing a collision involving serious bodily injury. The DOC will be conducting at home video visits only until further notice. Get an email notification whenever someone contributes to the discussion. Martin, 37, of Newport is a convicted sexual offender (victim under 16 years of age) in the state of Vermont. Unlike felony cases, misdemeanor offenses need not undergo the grand jury process. (f) Copy of Complaint. Hillsborough County Superior Court North grand jury indictments for (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. Each application shall specify in detail the facts upon which the applicant relies in requesting the annulment. (a) Adoption. (2) Set up and dismantling of equipment in a disruptive manner while court is in session is prohibited. We hope that you continue to enjoy our free content. (D) The applicant has engaged in such frequent appearances as to constitute common practice in this state. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurred before July 1, 2016 shall be initiated in circuit court. Sunapee. (a) Arrest on a Charge Originating in Superior Court. To find that a plea has been intelligently made, the court must fully apprise the defendant of the consequences of the plea and the possible penalties that may be imposed. Counsel should ordinarily be trial counsel below. (E) Evidence of conduct or statements made during the dispositional conference about the facts and/or merits of the case is not admissible as evidence at a hearing or trial. Upon a verdict or finding of guilt, the court shall enter an order fixing the punishment. 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. (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. (b) Effective Date. (a) Superior Court Complaint. It is merely an examination to determine if the State can establish that there is enough evidence to proceed to trial. Necessary cookies are absolutely essential for the website to function properly. (i) Withdrawal of Appointed Counsel. On Jan. 24, 2022, he is accused of pointing a gun at R.D.. Mark Vilgrain, 29, of Second Crown Point Road, Barrington, second-degree assault. He is also. Please log in, or sign up for a new account to continue reading. The property was worth $2,442. The court shall allow reasonable time prior to a proceeding for the set up of such equipment. Sullivan County, NH News | NewsBreak Sullivan County, NH The parties shall file all motions in limine no less than five calendar days prior to the final pretrial conference. Paragraph (b) of this rule refers to States appeals. See State v. Mottola, 166 N.H. 173 (2014) (clarifying that thirty-day deadline for filing Notice of Appeal begins to run on date of sentencing, not on date of issuance of mittimus). Winds ENE at 10 to 15 mph. 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. Police said James Stone called 911 while officers were speaking to his wife at his residence on June 22, 2007, about one violation. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period shall extend until the end of the next day that is not a Saturday, Sunday, or a legal holiday as specified in RSA chapter 288.