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. Then partly to mostly cloudy overnight. (1) The court shall instruct the panel of prospective jurors prior to jury selection as to: (A) The nature and purpose of the selection process. Where can I obtain a certified copy of a birth, death, marriage, or divorce certificate? (6) The Secretary of the Sentence Review Division shall keep a record log in which shall be recorded the date the completed application for review was filed with the Secretary or Clerk, whichever was earlier. (3) Motions in Limine. (D) The applicant has engaged in such frequent appearances as to constitute common practice in this state. Where can I obtain a certified copy of a birth, death, marriage, or divorce certificate? The probable cause hearing shall not be held if the defendant is notified before the hearing of an indictment on the charge that would have been the subject of the hearing or if the clerk of the Circuit Court receives reliable information that the defendant has been indicted on the charge which would have been the subject of the hearing. (a) Circuit Court-District Division Probable Cause Hearing. 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. Sullivan County, NH | Official Website Property Information - parcel #, lot #, taxes, liens, zoning ordinances, etc. The Grand Jury does not decide if a person is guilty or innocent. On May 7, 2021, the Rockingham County Grand Jury returned indictments charging Mr. Guzman with two class A felony counts of conspiracy to commit theft by deception, one class A felony count of theft by deception (as principal/accomplice), and one class A felony count of receiving stolen property. (13) Sentences may be reviewed that were imposed prior to the effective date of RSA 651:58 (August 5, 1975) and for those sentences the thirty (30) day rule will not apply. Click Below To Read Today's Replica Edition! (h) Subdivision of Suspended Sentences. An attorney shall not post bail or assume any bail obligations in a case in which the attorney is counsel of record. (2) Pleas. You have permission to edit this article. If not signed by the defendant, counsel for the defendant may certify the following: (A) That the charges and potential penalties have been discussed with the defendant; (B) That the personal information of the defendant is accurate; (C) That the defendant has been advised and understands that existing bail orders remain in effect pending disposition of the case or modification by the court; and. 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. Between Nov 8-10, 2007, Dockery allegedly refunded nearly $9,500 worth of cigarette purchases to himself and pocketed $1,332 from a bank deposit made on behalf of the Double Kwik Market at 817 Lynn Garden Drive. (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. Gregory Fox, 42, of Pine Street, attempted murder. The motion shall set forth the reason for appealing and the cause of the delay. Documents so furnished may have on their signature lines a copy of counsel's signature, a facsimile thereof, /s/ [counsel's name] as used in the federal ECF system, or similar notation indicating the document was signed. Angel Markese Febo, 26, of Grove Street, aggravated DUI. In other words, labeling a document as confidential or under seal or requesting the court to seal a pleading in the prayers for relief without a separate motion to seal filed pursuant to this rule will result in the document being filed as part of the public record in the case. (1) Deadlines for Filing Plea Agreements. The Grand Jury indicted Howe for allegedly driving a motor vehicle on Sept. 1 on Washington Street despite having been declared a habitual offender by the Director of the Division of Motor Vehicles. (2) Scheduling. Interpreters for Proceedings in Court, Rule 48. Sullivan County Grand Jurors indicted Kameron Bomhower, 29, currently in residence at the Sullivan County House of Corrections, with purposely obscuring a surveillance camera in the jail by holding a newspaper over it on Aug. 17. Kevin Desmarais, 29, of Forest Road, Hancock, aggravated DUI with collision and serious injury. For offenses punishable by death, the defendant shall be accorded, in addition to challenges for cause, no fewer than twenty peremptory challenges; the State shall be afforded, in addition to challenges for cause, no fewer than ten peremptory challenges. At second set of lights take a left. The application shall be signed and sworn to by the defendant. (c) Poll of Jury. Sullivan County Grand Jury Indictments of Aug. 22 The complaint is a written statement of the essential facts constituting the offense charged. LANCASTER A Coos County grand jury, meeting Sept. 17, returned sixteen indictments against eight individuals. He also allegedly fired a handgun on Elm Street during the busy bar closing time. A subpoena shall comply with the form required by statute and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. Upon issuance of an order of annulment in superior court, in a case that originated in circuit court-district division, the clerk of the superior court shall transmit a copy of the order of annulment to the circuit court-district division. A defendant shall be tried in the circuit court-district division by a judge unless otherwise provided by law. The court shall hold a hearing on the petition to annul if requested by the petitioner. Conduct 4.5; In re Grand Jury Matters, 751 F.2d 13 (1st Cir. She had been released pursuant to a felony punishable by a term of imprisonment of more than a year and less than 15 years. (i) Requirements Relating to Motions Filed in Superior Court. The party who called the witness will proceed first. 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). 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. An individual may request that the court quash a subpoena on the grounds of improper service, hardship, or otherwise as provided by law. You also have the option to opt-out of these cookies. He also is accused of choking her. 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. One would assume New Hampshire lawmakers to be a common sense group. Worthley has a previous conviction for a misdemeanor in 2016. (F) When permitted by a court at the request of an attorney for the State upon a showing that such matters may disclose a violation of federal criminal law or the criminal law of another state, to an appropriate official of the federal government or of such other state or subdivision of a state, for the purpose of enforcing such law. The parking lot is located on Sunapee Street across from the Sheriff's Office. If you were summoned for December 19, 2022 your additional reporting dates are here. While driving on the John Stark Highway in Newport, Horsfield allegedly caused a collision resulting in serious bodily injury to another person. As a court may do when considering an obligors ability to pay child support, alimony, or other indebtedness, the court also may consider: (1) spousal, partner and family income or assets to the extent they are available to the defendant; (2) the defendants ability to access credit; and (3) the diligence exercised by the defendant in pursuing employment or other means of satisfying his financial obligations. Use the 'Report' link on The charges are alleged to have occurred between 1994-2007. Elvis Guzman Indicted for Role in Grandparent Scams Targeting Elderly A slate of Coos County residents face felony drug charges after grand jury indictments were . (B) The Secretary shall provide copies of the application, the transcript of the sentencing hearing, and all such materials to the members of the Sentence Review Division. The charges stem from March 26, 2019, to March 26, 2020, and involve a child who was 10-years-old when the alleged abuse began. Man indicted in Newbury child enticement case | Local News (10) Motions to Dismiss; Motions for Mistrial. 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. (1) Pretrial Disclosure by the State. Sullivan Superior Court | New Hampshire Judicial Branch 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. (c) A party filing a pleading shall certify that a copy of the pleading and all attachments was mailed first class or delivered to all opposing counsel and any guardian ad litem. 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. (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. Sorry, there are no recent results for popular videos. 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. 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. The record of juror orientation sessions shall be preserved for a period of ten years. Upon request by either the State or the defendant, or sua sponte, the court may direct that alternate jurors be chosen. Upon the filing of a misdemeanor appeal in superior court, a hearing notice consistent with these rules shall be issued. The Sulllivan County Grand Jurors indicted Justin Gunnip, 32, of Unity, with purposely obstructing a camera Aug. 17 at the Sullivan County House of Corrections to prevent it from recording an incident, so that the recording could not be used as evidence. The charge is a Class B felony offense. (1) Both the defendant and the State will be afforded the opportunity to address the court, call witnesses, and present evidence relevant to sentencing. The summons shall also provide the person with written notice of the process for obtaining court-appointed counsel. As provided in New Hampshire Rule of Evidence 1101(d)(3), the Rules of Evidence do not apply at the hearing. 2018 NHAC Conference Workshop & Forum Handouts. If two or more defendants are to be tried together, the trial shall be before a jury unless all defendants waive the right to a jury trial. Please remember that you are under no obligation to ask questions, and questions are to be directed only to the witness. The clerk shall, within 7 days, issue an order of notice directed to the appropriate parties. PLEASE TURN OFF YOUR CAPS LOCK. . This determination must be made within forty-eight hours of the defendant's arrest Saturday, Sunday and holidays excepted. Laremy L. Varney, 20, 1000 Stonegate Rd., Apt. 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. Madigan, 57, of Brattleboro, Vermont received medical assistance to which he was not entitled between July 1, 2015 and April 30, 2017 in Claremont. Blountville, TN 37617. Roger L. Cass, 25, of 410 Marshall Hill Rd., Columbia was indicted on a charge of operating a motor vehicle after certification as a habitual offender. The justice presiding at the pretrial hearing need not be disqualified from presiding at the trial. (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. K-1. State v. Flood, 159 N.H. 353 (2009). A bail hearing, at which the defendant's counsel is present, shall be held within 24 hours of a written or oral request for same made by the defendant's counsel, weekends and holidays excluded. Prior to presenting evidence, the prosecution shall make an opening statement. (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. (E) Any controversial aspects of the trial likely to invoke bias. 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. in lincoln university baseball 2022General; sullivan county nh grand jury indictments . Such withdrawals must be made in the superior court. Start your subscription for just $5 for 3 months Subscribe. (iv) The Chief Justice of the Superior Court. The order of contempt shall recite the adjudication and sentence and shall be signed by the judge and entered of record. 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. Arraignment shall be conducted in open court. Elvis Guzman Indicted on Additional Charges | News | NH Department of (D) If a plea agreement is not reached at the dispositional conference, the matter shall be set for trial. Then partly to mostly cloudy overnight. Kitchen, 33, of Claremont was arrested on May 7 for possession of a quantity of pills that contained oxycodone, a schedule II controlled drug. (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) General. (a) Arrest on a Charge Originating in Superior Court. (4) Mandatory Joinder-Limitations on Separate Trials for Multiple Offenses. Disclosure of such testimony may be made only in accordance with Supreme Court Rule 52. For rules governing motions to continue in Circuit Court-District Division, see Circuit Court-District Division Rule 1.8-A. (3) In capital cases or first degree murder cases, the court shall allow counsel to conduct individual voir dire. On Jan. 2, 2022, he is accused of striking C.C. in the face, breaking a front tooth. Except for good cause shown, the failure of either party to set expert witness disclosure deadlines at the dispositional conference may be grounds to exclude the expert from testifying at trial. Documents which contain such information and which are in the court record shall be kept under seal from public view. The penalty for intent to sell a controlled drug is 3 to 7 years in state prison and a $200,000 fine for each count. 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. (C) The lawyer notifies the court of the multiple representation and a hearing on the record is promptly held. Alex Zamansky, 28, of Victor Street, Haverhill, Mass., four counts of aggravated felonious sexual assault, attempted aggravated felonious sexual assault and second-degree assault. (5) Sanctions for Failure to Comply. It is not the responsibility of the clerk or court staff to review documents filed by a party to determine whether appropriate omissions or redactions have been made. In reaching its decision, the Sentence Review Division will give consideration, but is not limited to, the following objectives of the New Hampshire Criminal Code sanctions: (A) Isolation of the offender from society to prevent criminal conduct during the period of confinement; (B) Rehabilitation of the convicted offender into a non-criminal member of society; (C) Deterrence of other members of the community who might have tendencies toward criminal conduct similar to those of the offender; (D) Deterrence of the defendant, himself or herself; (E) Reaffirmation of social norms for the purpose of maintaining respect for the norms themselves; (F) The individual characteristics of the defendant prior to the imposition of the sentence, except that information, which does not affirmatively appear on the record or in the judge's statement of reasons for the sentence, shall be excluded; (G) The facts and circumstances of the crime or crimes which affirmatively appear in the record of the proceedings; and. Sullivan County Justice Center. Also among them were: Reagan Crawford, 38, of 555 Canal St., attempted murder and two counts of second-degree assault. (c) Hearing. The guardian ad litem shall also be reimbursed for the guardians investigative and related expenses, as allowed under Rule 47, upon a finding of necessity and reasonableness by a justice of the appropriate court, made prior to the said expenses being incurred. The time limitations set forth in this section shall not be relaxed except upon a showing of good cause. (c) Copy of complaint. 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. Sunapee. (1) No confidential document or document containing confidential information shall be filed under seal unless accompanied by a separate motion to seal consistent with this rule. Joinder of Offenses and Defendants, Rule 21. (1) Complex Cases. 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. (b) Superior Court. Circuit Court | Sullivan County TN In all other criminal cases the defendant and the State shall, in addition to challenges for cause, be entitled to no fewer than three peremptory challenges. Sign up to receive news and updates from this site directly to your desktop. Jacob McCann, 18, of Pine St., criminal threatening. 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.. After a verdict, either party may request a change in bail as provided by law. (2) The clerk's office shall permit attorneys, non-attorney representatives and parties representing themselves who have jury cases scheduled for trial during the term to have an electronic copy of the questionnaires which have been completed by the jurors presently serving. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurred before October 1, 2017 shall be initiated in circuit court. For the general rules governing motions in Circuit Court-District Division, see Circuit Court-District Division Rule 1.8. State v. Doolittle, 58 N.H. 92 (1877). Take Interstate 93 North to Concord . Having been previously convicted of felony offenses theft, receiving stolen property, burglary in April 2003, such possession was a violation of conditions of bail out of Grafton Superior Court. The remaining defendants and their indictments were: Amber Nichole Rock, 22, 13150 Marietta Dr., Bristol, Va., attempt to to obtain controlled substance by fraud. Whitaker has previously been convicted of unauthorized taking in Hillsborough Superior Court on Jan. 4, 2005 and in the Fifth Circuit District Division Claremont on April 14, 2016. The rule reflects the constitutional requirement that the trial court affirmatively inquire, on the record, into the defendant's volition in entering the plea. If the defendant is charged with a felony, the defendant shall not be called upon to plead. 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). The appropriate Acknowledgment and Waiver of Rights form shall be read and signed by the defendant, counsel, if any, and the presiding justice. (B) The judge shall have broad discretion in the conduct of the dispositional conference. (7) After all the chosen questions are answered, each counsel will have an opportunity to re-examine the witness. (a) In any case where a person is arrested for a class A misdemeanor and/or felony and appears before a bail commissioner, prior to the defendant's release or detention, the bail commissioner shall provide the defendant with oral and written notice that, if he or she is unable to afford counsel, counsel will be appointed prior to that arraignment, if requested, subject to the state's right of reimbursement for expenses related thereto. CCC males and females- 5:00pm to 9:40pm Monday through Friday, 07:30am to 9:40pm Saturday and Sunday. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurred before September 1, 2017 shall be initiated in circuit court. The penalty for this offense is 7 to 15 years in state prison and a $50,000 fine. 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. (A) Extended Term Sentences. Objections to the courts ruling in advance of trial admitting the evidence shall be noted by the court and the trial shall proceed as scheduled. Trial by the Court or Jury; Right to Appeal, Rule 23. No attorney or self-represented party will be heard until an appearance is so entered. Allyson Mateo, 35, of Belmont Street, first-degree assault, reckless conduct and felon in possession of a handgun. (B) A court may rule on a contested motion to continue without a hearing provided that both parties have had an opportunity to inform the court of their respective positions on the motion. Three cases involved men whose alleged offenses included a violation of the Habitual Traffic Offender Law. (A) Unless the State does not intend to make a plea offer, in which case it shall so advise the defendant within the time limits specified herein, the State shall provide a written offer for a negotiated plea, in compliance with the Victims Rights statute, RSA 21-M:8-k, to the defense, no less than fourteen (14) days prior to the dispositional conference. A-4. 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. After the prosecution has rested, the defense may present evidence. PETIT JURY DATES He also is accused of choking the woman and pushing her head and face into a pillow, impeding her breathing. On June 21, 2021, as an accomplice with two other people, Cruz is accused of removing merchandize valued at more than $1,500 from Victorias Secret at the Mall of New Hampshire. Havlir, 57, of Claremont was arrested for receiving benefits to which she was not entitled between Dec. 1 2013 and Dec. 23, 2015. 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. 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. A defendant need not be apprised, however, of all possible collateral consequences of the plea. (a) Whenever a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide information in a proceeding before, or ancillary to, a Circuit Court-District Division or Superior Court or a Grand Jury, a prosecutor may, with the prior written approval of the Attorney General or County Attorney for the jurisdiction where offenses are alleged to have occurred, request an order from the court requiring such individual to give testimony or provide other information that the individual refuses to give or provide on the basis of the privilege against self-incrimination, when in the judgment of the Attorney General or County Attorney: (1) The testimony or other information from such individual may be necessary to the public interest; and. (16) The Sentence Review Division will only consider matters that are a part of the record of sentencing. 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. Gunnip is also charged with bailjumping, having failed to appear before Sullivan County Superior Court on March 21, which was a condition of his release. The DOC will be conducting at home video visits only until further notice. A Grantham woman was indicted on Wednesday on two counts of Aggravated Felonious Sexual Assault by a Sullivan County Grand Jury. (B) The nature of the case to be presented. Jeremy Burdick was a law enforcement officer, Lord-Hill climbed a fence and ran despite verbal commands to the contrary from Burdick. (c) Expert Witness. It is merely an examination to determine if the State can establish that there is enough evidence to proceed to trial.