";s:4:"text";s:28309:"The power to grant immunity lies solely with the State. Interpreters for Proceedings in Court, Rule 48. (b) Joinder of Defendants. Filers shall not combine multiple motions seeking separate and distinct relief into a single filing. 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. Our mission is to execute the court orders while providing the highest level of safety and security for our community, staff, and offenders. The court shall allow reasonable time prior to a proceeding for the set up of such equipment. (1) Trial. With respect to the double jeopardy implications of contempt prosecutions, see State v. Goodnow, 140 N.H. 38 (1995). A person sentenced by a circuit court-district division for a class A misdemeanor may, if no appeal for a jury trial in superior court is taken, appeal therefrom to the Supreme Court at the time the sentence is declared or within thirty days after the sentence is declared. (D) That the defendant understands that he is entitled to an arraignment conducted by the Court but is waiving that arraignment. Furnishing Information Regarding Competency and Sanity Evaluations, New Hampshire Rules of Criminal Procedure, SCOPE, INTERPRETATION, ADOPTION AND EFFECTIVE DATE, ARRAIGNMENT, PLEAS AND PRETRIAL PROCEEDINGS, SENTENCING AND POST-SENTENCING PROCEDURES, RULES APPLICABLE IN ALL CRIMINAL PROCEEDINGS. 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. Don't knowingly lie about anyone Follow into Newport. 27Navarro County's grand jury returned 58 indictments against 47 people in April. (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. Kitchen, 33, of Claremont was arrested on May 7 for possession of a quantity of pills that contained oxycodone, a schedule II controlled drug. From Lebanon:Take I-89 South to Exit 13 (Grantham). Notwithstanding the preceding sentence, this rule does not require the defendant to provide the State with copies of or access to statements of the defendant. (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. (a) Circuit Court-District Division. 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. . 22 Main Street (C) If confidential information is required for filing and/or is material to the proceeding and therefore must be included in the document, the filer shall file: (i) a motion to seal as provided in subdivision (d) of this rule; (ii) for inclusion in the public file, the document with the confidential information redacted by blocking out the text or using some other method to clearly delineate the redactions; and. The superior court will dismiss without prejudice all felony complaints and enhanced misdemeanors in which an indictment has not been returned within 90 days of the complaint being filed, unless, prior to that time, the prosecution files a motion seeking an extension of time and explaining why the extension is necessary or the defendant waives speedy indictment in writing. 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. (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. (3) When questioning of the first witness is completed, the court will allow jurors to formulate any questions they may have, in writing. accounts, the history behind an article. Newport, NH 03773, Clerk: Brendon C. ThurstonPhone: 1-855-212-1234 (c) Electronic Case Filing Surcharge $20.00. December 2022 Grand Jury Indictments from Hillsborough County Superior RSA 606:10 governs States appeals. 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. Take a right at end of exit ramp onto Route 103 West. (6) Finding of No Probable Cause. Winds light and variable. Where a defendant indicates an inability to pay forthwith, the defendant shall complete a statement of resources, under oath, prior to leaving the courthouse. You will pass Lake Sunapee and Mt. Rule 14(b)(1)(A) reflects the developments in this area of the law. On June 24, 2021, she is accused of being a robbery accomplice to Lorenzo Hicks when she ordered F.V. and H.B. to give up their house keys while Hicks assaulted F.V. and threatened both, according to the indictments. Please log in, or sign up for a new account to continue reading. When objecting or responding to an objection before the jury, counsel shall state only the basis, without elaboration, for the objection or response. These email addresses are for WebEx access requests only. If a case is originated in circuit court-district division, within ten calendar days after the entry of a not-guilty plea by the defendant, the State shall provide the defendant with the materials specified below. However, a courts power to suspend a rule may be limited by the state or federal constitution, state statutes or common law. Georgia grand jury recommends perjury indictments in Trump election (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. Elliot Health System Walk For Hope steps off on Sunday, Pregnant woman shot when stray bullet enters Bell Street residence, 5 people arrested. The Supreme Court's review in such cases shall be limited to questions of law. The contemnor must be given an opportunity to speak and present a defense. The penalty for bail jumping is 3 to 7 years in state prison and a $5,000 fine. The State may have further notice obligations under Rule 14(b)(2)(C) regarding alibi witnesses. An indictment alleging introduction of cocaine into a penal institution was also handed down against Steven O. Hughes-Mabry, 23, of Lawrenceville, Ga. Police say he tried to conceal crack cocaine in an aptly named spot. 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. Any complaint filed with the court after the filing date has passed shall be summarily dismissed by the court unless good cause is shown. The purpose of these questions is to clarify the evidence, not to explore your own legal theories or curiosities. In a separate case, Malone was also indicted on a criminal impersonation charge. (3) In any case in which a sentence is imposed that would allow a party to apply for review of the sentence by the Sentence Review Division, the Court, at the time of sentencing, shall provide the defendant and the prosecutor with an application for sentence review. Additionally, on October 3, 2018, a federal grand jury . The clerk shall, within 7 days, issue an order of notice directed to the appropriate parties. The time for filing a notice of appeal shall be as set forth in Supreme Court Rule 7. (2) The person filing a motion to unseal shall have the burden to establish that notice of the motion to unseal was provided to all parties and other persons with standing in the case. The Sulllivan County Grand Jury indicted Tharen Amidon, 37, of Perkinsville, Vermont, with two felony counts of attempting to take retail items from Runnings store in Claremont and exiting the store with said items on Dec. 4, 2018. (11) In those instances where the Sentence Review Division has scheduled a hearing on an application, on his or her own initiative or at the request of the Sentence Review Division, the sentencing judge may provide the Sentence Review Division with a statement of reasons for imposing the sentence under review. (2) Set up and dismantling of equipment in a disruptive manner while court is in session is prohibited. George Rheaume, 41, of Fullam Circle, second-degree assault. The penalty for this offense is 7 to 15 years in state prison and a $4,000 fine. (b) Indirect Contempt. Ramon Duran, 48, of Clifford Avenue, first floor, falsifying physical evidence, possession of fentanyl and crack cocaine, and being a felon in possession of a dangerous weapon. A final, public, violation hearing before a judge shall be held without unreasonable delay. The email header shall include the caption of the case and its docket number. Where a post-sentencing motion is filed within thirty days after imposition of sentence, the appearance of counsel for the defendant shall be deemed to be withdrawn thirty days after the court rules on said motion. 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. The issuance of a subpoena to an attorney of record is a matter also addressed by the Rules of Professional Conduct. . There is 2-hour parking in front or in the public parking area at the median. Candidates Declared major candidates. (3) No recording, photographing, or broadcasting equipment may be moved into, out of, or within the courtroom while court is in session. (5) The motion to seal shall itself automatically be placed under seal without separate motion in order to facilitate specific arguments about why the party is seeking to maintain the confidentiality of the document or confidential information. (2) If the defendant is charged with a misdemeanor or violation, the court shall inform the defendant of the nature of the charges, the possible penalties, the right to retain counsel, and in class A misdemeanor cases, the right to have an attorney appointed by the court pursuant to Rule 5 if the defendant is unable to afford an attorney. (f) Nothing in this rule shall prevent the court from reducing a detained or non-detained defendant's bail or conditions of bail without his or her counsel present, but if the state opposes such reduction, it shall have the right to be heard in argument before the court makes a decision. The record of an annulled conviction or arrest shall be sealed to the extent provided by RSA 651:5. (2) To ensure a fair trial, avoid surprise, or for other good cause shown. The court shall hold the hearing within twenty days of the arraignment if the defendant is not in custody. (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. (a) Juror Orientation. Click Here for Frequently Asked Questions & Answers! Juror Notes and Written Questions, Rule 34. 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. (C) The State, defendant, and defendants counsel, if any, shall appear at the dispositional conference. Updated Feb 1, 2021; 0; OSSIPEE The following people were indicted recently by a Carroll County Superior Court grand jury: More Courts & Cops. Plain error that affects substantial rights may be considered even though it was not brought to the court's attention. (c) Negotiated Pleas Circuit Court-District Division and Superior Courts. There is no right to appeal the return of untimely requests for sentence review, except that the Sentence Review Division may, for good cause shown, decide, by concurrence of at least two members, to consider the merits of an untimely request for sentence review. (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. Counsel shall be prepared to discuss the impact of known charges being brought against the defendant in other jurisdictions, if any. This paragraph is based on Federal Rule of Criminal Procedure 6 and prohibits grand jurors, interpreters, stenographers, typists who transcribe recorded testimony or an attorney for the State, or any person to whom disclosure is made under the rule, from disclosing information received except under a few narrow circumstances. In any case where a person arrested for a class A misdemeanor is released with a written summons, the summons shall provide the defendant with written notice that, if he or she is unable to afford counsel, counsel will be appointed prior to the arraignment, if requested, subject to the state's right of reimbursement for expenses related thereto. Whenever the court approves the withdrawal of appointed defense counsel, the court shall appoint substitute counsel forthwith and notify the defendant of said appointment. (f) Motions to Quash. (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"). In the event of an appeal, the court may review the defendants bail status, at the request of either party. Noah Scanlon, 22, of Sagamore Street, criminal threatening, second-degree assault and criminal restraint. At no time, however, shall an attorney, party or any person acting for either of them ask questions of or make comments to a juror that are calculated to harass or embarrass the juror or to influence the jurors actions in future jury service. 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 . Sentencing hearings in violation and misdemeanor cases shall take place immediately following the finding or verdict of guilty unless the court orders otherwise. (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. (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. John Anders is facing three counts of felony sexual assault for the alleged incidents, which happened between 2017 and 2020, according to indictments from the Sullivan County Grand Jury. 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. . That order did prohibit Hodgkins from operating a motor vehicle on the road ways of New Hampshire. This rule does not apply to petitions for habeas corpus. On March 15, 2022, Amegnra is accused of swinging a machete at A.B. and saying, Im going to kill you. 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. If a document is confidential in its entirety, as defined in subsection (b) of this rule, the party must follow the procedures for filing a confidential document set forth in subdivision (b). When a new panel of prospective jurors is first summoned for service the panel shall be given preliminary instructions regarding the terms and conditions of jury service, the role of the jury in the justice system, and the legal principles applicable to the cases the jurors may hear. (b) State Appeals. The same penalties as above once again apply. If the motion is denied, the courts ruling shall be supported by findings of fact with respect to the allegations contained in the motion. He also is accused of choking the woman and pushing her head and face into a pillow, impeding her breathing. (A) Record information must be requested in writing and include the individuals full name and, if available, the individuals date of birth. MANCHESTER, NH Sexual and physical assaults, gun threats, felony riot and thefts were among the 390 indictments issued this month by a grand jury sitting in Hillsborough County Superior Court Northern District. Malone was additionally indicted on one count each of possession of one-half gram or more of cocaine for delivery or sale, introduction or possession of cocaine into a penal institution, and maintaining a place where controlled substances are used or sold. (4) Except for good cause shown, not less than fourteen days prior to trial, 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 judge is the only person who will see the number. James Perry, 31, of Claremont, was indicted for a Class B felony offense, bail jumping, for failing to appear in court as agreed. If you do have any questions, please write them down on a pad of paper. Sullivan County, NH News | NewsBreak Sullivan County, NH The defense may provide a brief written statement of the factual background to the personnel performing the evaluation. The status of this rule is uncertain in light of the new standards relative to confrontation clause rights as articulated by the United States Supreme Court in Crawford v. Washington, 541 U.S. 36 (2004), and its progeny. (F) If the case may involve expert testimony from either party, both sides shall be prepared to address disclosure deadlines for: all results or reports of physical or mental examinations, scientific tests or experiments or other reports or statements prepared or conducted by the expert witness; a summary of each such experts qualifications; rebuttal expert reports and qualifications; and expert depositions. Perry, 30, of Claremont was arrested on Jan. 3 near 72 Sullivan Street in Claremont for possession of fentanyl, a controlled schedule II drug. Timothy Brandon Jones, 29, 443 Boyd Road, Bluff City, theft under $500, identity theft, uttering a forgery. If the court determines that there is no probable cause to believe that a charged offense has been committed or that the defendant committed it, the court shall dismiss the complaint and discharge the defendant. 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. (1) A lawyer shall not represent multiple defendants if such representation would violate the Rules of Professional Conduct. The remaining defendants and their indictments were: Amber Nichole Rock, 22, 13150 Marietta Dr., Bristol, Va., attempt to to obtain controlled substance by fraud. It is mandatory to procure user consent prior to running these cookies on your website. See October 17, 2016 felonies first implementation order at http://www.courts.state.nh.us/supreme/orders/10-17-16-Order.pdf, and are now in effect in all counties. (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. (iv) The Chief Justice of the Superior Court. The grand jury handed up 239 indictments. She. Upon written motion of a defendant, or with the defendant's written consent, the trial judge may join for trial two or more charges of unrelated offenses upon a showing that failure to try the charges together would constitute harassment or unduly consume the time or resources of the parties. sullivan county nh grand jury indictments She also is accused of swinging a hard object toward C.L.. (E) Any controversial aspects of the trial likely to invoke bias. 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). At the time of her arrest Miller had been released on bail by the Littleton District Court. News & Announcements Event Calendar Archived Press Releases The notice of alibi shall be signed by the defendant and shall state the specific place where the defendant claims to have been at the time of the alleged offense, and the names and addresses of the witnesses upon whom the defendant intends to rely to establish such alibi. 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. State v. Toto, 123 N.H. 619 (1983). An extended term may be imposed upon a defendant if notice is lawfully provided and the court or jury finds that the prerequisites have been met. Oral testimony, if submitted, shall be under oath and recorded. 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. Fax: (423) 323-3741. 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. Those communications, though, like all other communications with jurors, must be recorded. (3) Upon request, a grand jury witness shall be given reasonable opportunity to consult with counsel. 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. New suspect charged in vandalism of Dartmouth College menorah Motions for additional discovery or depositions with respect to trial witnesses first disclosed pursuant to paragraph (b)(4) shall be filed no later than seven calendar days after such disclosure occurs. According to the NH Law Library, an indictment is a criminal charge against a person by a Grand Jury. A Grantham woman was indicted on Wednesday on two counts of Aggravated Felonious Sexual Assault by a Sullivan County Grand Jury. When a misdemeanor conviction is appealed to superior court, the charging document is the complaint that was filed in the circuit court-district division. (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. . (a) The State may move to take videotape trial testimony of any witness, including the victim, who was sixteen years of age or under at the time of the alleged offense. 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. 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. Please log in, or sign up for a new account to continue reading. Jeremy Burdick was a law enforcement officer, Lord-Hill climbed a fence and ran despite verbal commands to the contrary from Burdick. The order shall include the duration that the confidential document or document containing confidential information shall remain under seal. The grand jury shall consist of no fewer than twelve nor more than twenty-three members. Additional names will be assessed $5 per name. In Merrimack 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 January 1, 2017 shall be initiated in superior court. Rule 49 is consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rule 1.25 (Untimely-filed guardian ad litem reports). The Courthouse will be on your left in the Opera House Building. (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. On March 2, 2022, he placed STS, age 59, in danger of serious bodily injury when he fired a .22 Smith & Wesson revolver in proximity to her home. The Grand Jury does not decide if a person is guilty or innocent. The defendant also has the right to present witnesses and evidence, and to testify with regard to the sentence to be imposed. State v. Bailey, 127 N.H. 416 (1985); State v. Brodowski, 135 N.H. 197, 201 (1991). PLEASE TURN OFF YOUR CAPS LOCK. The court may prohibit the use of any equipment that requires the laying of cords or wires that pose a safety hazard or impair easy ingress and egress from the courtroom. Property Information - parcel #, lot #, taxes, liens, zoning ordinances, etc. 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. Whitaker, 48, of Claremont was arrested on May 22 for three counts of theft by unauthorized taking. Photo Gallery of Sullivan House Construction. (a) Arrest. Upon the filing of a misdemeanor appeal in superior court, a hearing notice consistent with these rules shall be issued. Please remember that you are under no obligation to ask questions, and questions are to be directed only to the witness. The penalty for this offense is 3 to 7 years in state prison and a $4,000 fine. (2) Plea by Mail. (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. 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