Juror orientation sessions shall be open to the public. Winds WNW at 10 to 15 mph.. Clear skies. Jacob McCann, 18, of Pine St., criminal threatening. (b) In any case in which a defendant appears before a bail commissioner pursuant to paragraph a, the defendant shall also be provided with a Request for a lawyer form (financial statement) in order to apply for counsel at arraignment. 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. Everest Benoubader, 24, of 653 Beacon St., second floor, riot and criminal threatening with a deadly weapon. Amidon has been previously convicted of theft in twice July 2017. 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. If you have a subscription, please log in or sign up for an account on our website to continue. Upon entry of a plea of not guilty, the case shall be scheduled for trial. In first degree murder cases, both the State and the defendant shall be afforded, in addition to challenges for cause, no fewer than fifteen peremptory challenges. 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. The court shall inquire into all relevant facts, including, but not limited to, the following: (i) Evidence of the lawyer's discussion of the matter with each client; (ii) Evidence of each client's informed consent to multiple representation based on the client's understanding of the entitlement to conflict-free counsel; (iii) A written or oral waiver by each client of any potential conflict arising from the multiple representation; and. Sullivan Superior Court A bail hearing shall be scheduled at the request of the defendant. The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. Edward Bryans, 59, of Mountain Drive, in Marlborough, was indicted for reckless conduct with a deadly weapon. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurred before April 1, 2017 shall be initiated in circuit court. In all cases in which a defendant may enter a plea by mail pursuant to RSA 262:44, the defendant may enter a plea by mail in accordance with the procedures provided by RSA 502-A:19-b. 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. (7) The court may appoint counsel at state expense to represent an indigent defendant at an ability to pay or perform hearing held pursuant to this rule in a case in which the court finds that the issues are of sufficient complexity or that other special circumstances exist such that it would be fundamentally unfair to require the defendant to proceed without counsel. 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. Phone: (423) 279-2752. (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. Rule 40 is consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rule 1.8-A(H). If you have a subscription, please log in or sign up for an account on our website to continue. A summons shall be in the form required by statute. A subpoena for witnesses located outside the state shall be issued in accordance with RSA ch. (A) When a party files a document the party shall omit or redact confidential information from the filing when the information is not required to be included for filing and is not material to the proceeding. (D) Copies of or access to all books, papers, documents, photographs, tangible objects, buildings or places that are intended for use by the State as evidence at trial or at a pretrial evidentiary hearing. If a hearing is held in advance of trial, neither the prosecution nor the defendant shall be entitled to a further hearing by the court on the same issue at the trial. (5) Sanctions for Failure to Comply. (2) There is reason to believe the life or safety of the witness is endangered because of the witnesss willingness or ability to testify, and the testimony expected from the witness is material to the prosecution of the case. We'll assume you're ok with this, but you can opt-out if you wish. A subpoena for court hearings, depositions, or trials may be issued by the clerk of any court or any justice as defined by statute. Winds light and variable. (A) Whenever a motion to suppress evidence is filed before trial in any criminal case, the court will determine, in its discretion, whether to hear the motion in advance of trial or at the trial when the evidence is offered. (1) The clerk of the superior court for each county shall maintain a list of jurors presently serving, together with electronic copies of their completed questionnaires. 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. . (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. (g) Scope of Depositions. Go to www.securustech.net to enroll in at home video visitation. (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. Paragraphs (c) and (e) extend this principle to cases in which counsel has been appointed for the defendant or in which a defendant demonstrates an inability to pay the fees and mileage allowed by law. The court also shall provide reasonable advance notice to the defendant of the following: (a) that, as a result of the hearing, the defendant may be immediately incarcerated if the court finds that the defendant has willfully failed to comply with the courts prior order(s) to pay an assessment or perform community service; (b) that the issues at the hearing will be whether the defendant has the ability to pay the assessment or perform the community service previously ordered and has willfully failed to do so; that the defendant has the burden of proof with respect to these issues; and that the defendant should be prepared at the hearing to provide testimony and answer questions, present witnesses, and furnish documentation or other information bearing on the issues of his financial circumstances and ability to pay the assessment or perform the community service. Conduct 4.5; In re Grand Jury Matters, 751 F.2d 13 (1st Cir. (B) Copies of the application for review of sentence filed by the State shall be forwarded by the Secretary of the Sentence Review Division to the following persons: (iv) The Chief Justice of the Superior Court. (D) Upon request of any party, the court shall make sufficient findings and rulings to permit meaningful appellate review. Sunapee. The first sentence of paragraph (c) sets forth the appropriate methods of service and is a consistent restatement of RSA 516:5. (c) Notice to Defendant. Not less than sixty calendar days prior to jury selection if the case originated in Superior Court or not less than thirty calendar days prior to jury selection if the case originated in Circuit Court-District Division or, in the case of a pretrial evidentiary hearing, not less than three calendar days prior to such hearing, the defendant shall provide the State with copies of or access to all books, papers, documents, photographs, tangible objects, buildings or places which are intended for use by the defendant as evidence at the trial or hearing. The Atm company required reimbursement from the store. On Feb. 28, 2022, Pacheco is accused of pointing a firearm at A.B.. Paragraphs (a) through (c) of Rule 16 derive from RSA 517:13-a, I through III. - Manage notification subscriptions, save form progress and more. In felony cases, the sentencing hearing shall be scheduled for a later date unless the court orders otherwise. On Feb. 6, 2022 in Bennington, Desmarais was driving a snowmobile while under the influence and was involved in a collision, injuring himself. 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). Courts and parties should note that RSA 596-A:3 requires the court to caution a defendant about the right to counsel and the right to remain silent. 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. 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. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Strafford and Cheshire Counties on or after January 1, 2016. These cookies do not store any personal information. accounts, the history behind an article. Dockets are current as of 4:00 p.m. the prior day. Share with Us. In trials involving multiple charges, the number of peremptory challenges shall be the number of challenges allowed for the most serious offense charged. or anything. Please log in, or sign up for a new account to continue reading. A party may seek reduction, suspension or amendment of a sentence as provided by law. If it appears from a sworn application for an arrest warrant that there is probable cause to believe that an offense has been committed in the State of New Hampshire, and that the defendant committed the offense, an arrest warrant for the defendant may be issued. Where do I get information about Criminal History Record Requests? (1) If the probationer is incarcerated on a warrant issued by the court, the court will hear and set bail within 72 hours from the time of arrest, excluding weekends and holidays. Thank you for reading! Thereafter, the administrative judge of the circuit court shall rule on the motion. (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. (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.") The penalty for possession a controlled drug is 3 to 7 years in state prison and a $25,000 fine. Be Nice. The circuit court shall use its best efforts to schedule a single arraignment day each week for defendants who are not incarcerated. 140 Blountville Bypass. (1) Jurisdiction. Tim Dockery, 35, 140 Cleveland St., Gate City, Va., was indicted in a second embezzlement case. The burden of proof by a preponderance of the evidence with respect to all elements of the charge shall be upon the State. (2) All motions must contain the word motion in the title. (c) Documents Containing Confidential Information. (c) Copy of complaint. The defense may provide a brief written statement of the factual background to the personnel performing the evaluation. The indictment alleges that Katrina Zahr 27, of Miller Pond Road had sexual penetration with a 14 year old male member of her house hold. The New Hampshire Supreme Court has addressed trial courts application of the necessity standard in several reported cases. 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. (h) Withdrawal. From the Seacoast:Take Route 101 West to Manchester. 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. Automatic withdrawal shall not be allowed and court approval shall be required if the basis for withdrawal is a breakdown in the relationship with the client, the failure of the client to pay legal fees, or any other conflict not specifically set forth in 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. 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. 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. (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. The court shall allow reasonable time prior to a proceeding for the set up of such equipment. (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. 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. 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. Tawni Chamberlain, 31, of Fisherville Road in Concord on a felony habitual offender charge. that is degrading to another person. A filing fee shall be assessed which may be waived by the court when, upon review of an executed affidavit of assets and liabilities, the court determines that the applicant is indigent or has been found not guilty, or the case was dismissed or not prosecuted. (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. The Courthouse will be on your right, in the Opera House Building, across from Lake Sunapee Bank. (4) If a motion to seal the affidavit has been filed with the request for a Gerstein determination, the court shall rule on the motion to seal when ruling on the issue of probable cause. 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. (7) Testimony of Witnesses. (b) Except where ex parte communications with the court are authorized by law, no person shall make any statement with regard to the merits of that person's case, orally or in writing, to any judge in whose court or before whom any suit, petition or other proceeding is pending or to be heard or tried except in open court or in the presence of all parties thereto. On March 27, 2020, Remillard allegedly threatened four people with a knife. (c) Hearing. The State shall also furnish a copy of the defendants criminal record as soon as reasonably possible. Please remember that you are under no obligation to ask questions, and questions are to be directed only to the witness. 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. 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. (a) General. (5) Objections; Offers of Proof. The request shall include an express waiver of the defendant's right to a speedy trial as it relates to the motion. Strafford County Attorney Tom. 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. State v. Elliott, 133 N.H. 190 (1990); see State v. Chace, 151, N.H. 310, 313 (2004) (defendant need not be advised that loss of license will be collateral consequence of pleading guilty to DWI). Leonardo Phillips, 27, of 199 Manchester St., criminal threatening. 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, Rule 2. 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. In determining the necessity, the court shall consider the complexity of the issues involved, other opportunities or information available to discover the information sought by the deposition, and any other special or exceptional circumstances that may exist. The time limitations set forth in this section shall not be relaxed except upon a showing of good cause. The attorney shall further certify that the defendant read the indictment or complaint or that it was read to the defendant, and that the defendant understands the substance of the charge and the possible penalties, waives formal arraignment, and pleads not guilty to the charge. This page provides information about Court Dockets and Calendars resources in New Hampshire. The defendant shall be asked to enter a plea of guilty, not guilty, or, with the consent of the court, nolo contendere. 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. Scattered snow showers during the evening. Alex Zamansky, 28, of Victor Street, Haverhill, Mass., four counts of aggravated felonious sexual assault, attempted aggravated felonious sexual assault and second-degree assault. Julie A. Delisle, 52, of 8 Wilfred St., Gorham was indicted on two . 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. If the evidence is found to be admissible in advance of trial, it will be admitted at the trial without further hearing as to its admissibility. PLEASE TURN OFF YOUR CAPS LOCK. 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.
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