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. David Perez, 33, of Lincoln Avenue, Nashua, attempting to take a gun from a law enforcement officer. 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. An individual may request that the court quash a subpoena on the grounds of improper service, hardship, or otherwise as provided by law. The incidences took place between the June 1 and August 8 of this year in Grantham. (3) Motions to Continue. accounts, the history behind an article. The court may waive the requirements of this rule for good cause shown. At its option, the defense may make an opening statement. (3) In any case where the court finds that the defendant is unable to pay the assessment either on the date the sentence is imposed or later, the court may, if otherwise permitted by law: (i) defer or suspend payment of all or part of the assessment or order periodic payment; or (ii) allow the defendant to perform community service, pursuant to a plan submitted to and approved by the court. In the event that the court determines that the document or information contained in the document is confidential, the order shall include findings of fact and rulings of law that support the decision of nondisclosure. (24) Unless, after hearing, at least two members of the Sentence Review Division concur in increasing, decreasing, or otherwise modifying a sentence, the sentence imposed by the sentencing judge shall stand. This determination must be made within forty-eight hours of the defendant's arrest Saturday, Sunday and holidays excepted. Opening statements are not permitted in circuit court district division trials except with permission of the court for good cause shown. Scattered snow showers during the evening. (A) A copy of all statements, written or oral, signed or unsigned, made by the defendant to any law enforcement officer or the officers agent which are intended for use by the State as evidence at trial or at a pretrial evidentiary hearing. (h) Subdivision of Suspended Sentences. All rights reserved. It is merely an examination to determine if the State can establish that there is enough evidence to proceed to trial. (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. (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. Rosa I. Alonzo, 32, and Kristofer A. Giordano, 35, both of 575 Rockingham St., Berlin, were each indicted on two counts of possession of a controlled drug, subsequent conviction. The time for filing a notice of appeal shall be as set forth in Supreme Court Rule 7. (3) Upon request, a grand jury witness shall be given reasonable opportunity to consult with counsel. An appeal may not be withdrawn after the record of appeal has been sent to the superior court. The charge is a Class B felony. The written finding and affidavit or statement filed under oath if filed electronically shall become part of the public record, shall be available to the defendant, and must be filed with the appropriate court on the next business day. (D) That the defendant understands that he is entitled to an arraignment conducted by the Court but is waiving that arraignment. Unless otherwise prohibited by law, the court may permit a complaint to be amended if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced. If the defendant is charged with a felony, the defendant shall not be called upon to plead. A hearing on the motion shall not be permitted except by order of the court. (3) Not less than seven days prior to trial, the defendant shall provide the State with a list of names of witnesses, including experts and reports, and a list of any lab reports, with copies thereof, the defendant anticipates introducing at trial. Michael Hodgkins, 39, of Charlestown, has been indicted by the Sullivan County Grand Jury for knowingly driving a motor vehicle on Aug. 19 after having been declared a habitual offender by the Director of the Division of Motor Vehicles. If the court permits note-taking, after the opening statements the court will supply each juror with a pen and notebook to be kept in the juror's possession in the court and jury rooms, and to be collected and held by the bailiff during any recess in which the jurors may leave the courthouse and during arguments and charge. Create a password that only you will remember. If the defendant appears without counsel, the court shall inform the defendant of the possible penalties, the privilege against self-incrimination, the right to retain counsel, and the right to have an attorney appointed by the court pursuant to Rule 5 if the defendant is unable to afford an attorney. Local residents faces charges of theft, drugs, criminal mischief, and insurance fraud in the February round of felony indictments handed up by a grand jury at Grafton Superior Court. A request for a hearing shall not be unreasonably denied. 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. The court shall read the indictment or complaint to the defendant or state to the defendant the substance of the charge. Upon motion by a party, the court may permit the party to make such showing of good cause, in whole or in part, in the form of an ex parte written submission to be reviewed by the court in camera. The court shall notify all parties of any hearing on the motion and the decision. Donald Walsh, 48, of West Street, identity fraud. Whenever a party desires to use a sound recording of circuit court-district division proceedings on appeal, a written transcript of the sound recording will be required. (D) Where a trial has been scheduled in one case prior to the scheduling of another matter in another court where an attorney or party has a conflict in date and time, the case first scheduled shall not be subject to a continuance because of the subsequently scheduled matter which is in conflict as to time and date except as follows: (i) A subsequently scheduled case involving trial by jury in a superior or federal district court, or argument before the Supreme Court. The incident also earned Beattie another Class B felony charge, of reckless conduct with a deadly weapon, in that he allegedly discharged a firearm in a residential neighborhood. In any other case in which an arrest warrant would be lawful, upon the request of the State, the person authorized by law to issue an arrest warrant may issue a summons. I will permit you to submit written questions to witnesses under the following arrangements. No testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case or forfeiture. (c) Any person desiring to photograph, record, or broadcast any court proceeding, or to bring equipment intended to be used for these purposes into a courtroom, shall submit a written request to the clerk of the court or his or her designee, who, in turn, shall deliver the request to the presiding justice before commencement of the proceeding, or, if the proceeding has already commenced, at the first reasonable opportunity during the proceeding, so the justice before commencement of the proceeding, or at an appropriate time during the proceeding, may give all interested parties a reasonable opportunity to be heard on the request. The court shall hold a probable cause hearing within ten days following the arraignment if the defendant is in custody. If the defendant was arrested without a warrant and is held in custody, or if the defendant was arrested pursuant to a warrant that was not issued by a judge and is held in custody, the court shall require the state to demonstrate, by affidavit or by statement filed under oath if filed electronically, probable cause for arrest. Sentence review is not available for those sentences mandated by statute. 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. Chance of snow 100%. Such notice shall be on a court-approved form. Only one attorney shall argue for each party except by leave of the court. (2) Joinder of Related Offenses for Trial. Rule (b)(6) restates the traditional rule of grand jury secrecy. The penalty for each offense, according to New Hampshire law, is listed below, but none of the offenders have yet been sentenced. (3) The motion to seal shall specifically set forth the duration the party requests that the document remain under seal. Take Exit 9, Warner, Route 103. 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. (C) The defendant's prior criminal record. (c) The clerk shall schedule a pretrial conference, to be held within forty-five days of the filing of an indictment, for the purpose of establishing a discovery schedule and trial date. 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. She also is accused of swinging a hard object toward C.L.. (6) Interviews within the courtroom are not permitted before or after a proceeding. Separate motions must be filed. This rule should be read in conjunction with Rule 29 regarding sentencing. News & Announcements Event Calendar Archived Press Releases 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. Then partly to mostly cloudy overnight. Enter rotary and stay to the left. (a) Non-Jury Cases. (d) After a hearing, for good cause shown, and if not otherwise prohibited by court rules or law, the court may order disclosure of additional information necessary for the evaluation. The party shall also provide access to all statements, reports or other materials that the proponent of Rule 404(b) evidence will rely on to prove the commission of such other crimes, wrongs or acts. If you were summoned for December 5, 2022 your additional reporting dates are here. (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. Both Parks and a co-defendant, Dennis Cody Blevins, 23, 411 Bristol Caverns Hwy., Bristol, Tenn., were indicted in a separate case on one count each of aggravated burglary and theft over $500. It also is the responsibility of said person to make arrangements with the clerk of court or his or her designee sufficiently in advance of the proceeding so that the set up of any needed equipment in the courtroom, including equipment for pool coverage, can be completed without delaying the proceeding. (a) No witnesses, police personnel, prosecutors, defense counsel or defendants shall be permitted into a clerk's office or judge's chambers, except when necessary and as authorized by the court. After being dismissed, a witness may be recalled with the courts permission. N.H. R. of Prof. 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. The New Hampshire Supreme Court has addressed trial courts application of the necessity standard in several reported cases. The charge is a Class B felony offense. 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. The Sullivan County Grand Jury indicted Jody E. Barry, 35, of Claremont, with driving a motor vehicle while under the influence of a substance that impairs a persons ability to drive, causing a collision to the person of Jody E. Barry, and having done so while on release from Grafton County Superior Court. Also among them were: Reagan Crawford, 38, of 555 Canal St., attempted murder and two counts of second-degree assault. (c) Poll of Jury. Site by Manon Etc. (4) An order shall be issued setting forth the courts ruling on the motion, which shall be made public. An indirect criminal contempt shall be prosecuted with notice. State v. Roy, 118 N.H. 2 (1978); State v. Manoly, 110 N.H. 434 (1974). (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. State v. Doolittle, 58 N.H. 92 (1877). (C) All motions to suppress evidence filed in advance of trial shall be in writing and shall specifically set forth all the facts and grounds in separate numbered paragraphs upon which the motions are based. Sunapee. Trial shall be before a jury of twelve persons unless the defendant, on the record, waives this right. The court may find the defendant guilty and impose sentence. (C) The lawyer notifies the court of the multiple representation and a hearing on the record is promptly held. (d) Hearing. 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. The grand jury may also consider whether to return an indictment on a felony or misdemeanor. (d) Bail. Please disable your ad blocker, whitelist our site, or purchase a subscription. Sorry, there are no recent results for popular videos. . What is a Grand Jury Indictment? The question should, however, attempt to obtain the information sought by the juror's original question. The notice shall be given orally by the judge in open court in the presence of the defendant or, on application of an attorney for the State or of an attorney appointed by the court for that purpose, by an order to show cause or an order of arrest. 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. 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. Paragraph (d) derives from RSA 517:14-a. (e) Hearing on Plea of Chargeable. (E) Any controversial aspects of the trial likely to invoke bias. 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. (2) Plea by Mail. The rules establish a uniform system of procedure for the circuit court-district division and superior courts, except as otherwise specifically provided. A probable cause hearing may be adjourned for reasonable cause. (f) Probation. NEWPORT A grand jury convened at the Sullivan County Superior Court at Newport on May 22 and released the following indictments. 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. She has been convicted in the past of sale of heroin and possession of heroin with intent to sell. On Feb. 28, 2022, Pacheco is accused of pointing a firearm at A.B.. 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. On March 10, 2022, he is accused of being in possession of a stolen 2006 Mitsubishi Gallant and engaging in a high-speed pursuit with Manchester police. Amidon has been previously convicted of theft in twice July 2017. Cheryl Bedell Cheryl Bedell, 60, of 7 Heritage Drive in Claremont is accused of scratching a 2008 Toyota Tacoma owned by Carl Desilets on Oct. 24, 2018 at Sugar River Mills in Claremont. (c) Negotiated Pleas Circuit Court-District Division and Superior Courts. It is within the discretion of the court to grant a petition for annulment. Visit nh.gov for a list of free .pdf readers for a variety of operating systems. Krystal Boyle, 42, of 365 Bridge Street, two counts of robbery. 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. Hughes-Mabrys other indictments included possession of over one-half gram of cocaine for sale or delivery within 1,000 feet of a school and driving on a suspended license. (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. The defendant shall be asked to enter a plea of guilty, not guilty, or, with the consent of the court, nolo contendere. (2) Such individual has refused or is likely to refuse to testify or provide other information on the basis of the privilege against self-incrimination. (a) Summoning Grand Juries. Any order prohibiting or imposing restrictions beyond the terms of this rule upon the photographing, recording, or broadcasting of a court proceeding that is open to the public shall be supported by particularized findings of fact that demonstrate the necessity of the courts action. (2) Appeal for Trial De Novo in the Superior Court. State v. Farrow, 118 N. H. 296, 307 (1978); State v. Prevost, 105 N.H. 90 (1963). Enter rotary and stay to the left. Any petition for annulment which does not meet the requirements as set forth by statute shall be dismissed without a hearing but without prejudice to the defendants right to re-apply as permitted by law. 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. (20) Any time served prior to increase, decrease, or modification of the sentence shall be counted in calculating the sentence as increased, decreased, or modified. (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. (B) all exculpatory materials required to be disclosed pursuant to the doctrine of Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, including State v. Laurie, 139 N.H. 325 (1995). According to the NH Law Library, an indictment is a criminal charge against a person by a Grand Jury. The penalty for this offense is 7 to 15 years in state prison and a $4,000 fine. Within ten days after an order under RSA 135:17 for a competency or sanity evaluation of a defendant in a criminal proceeding, the State shall furnish a brief written statement of the factual background to the personnel performing the evaluation. On Jan. 2, 2022, Matteson, after being involved in a police pursuit in M.H.s vehicle, is accused of threatening to stab M.H. if she provided police with any information about his involvement. (2) Trial will proceed in the normal fashion until questioning of the first witness has been completed by both counsel. 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. CLERK OF THE COURT Tommy R. Kerns . 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). 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). James Perry, 31, of Claremont, was indicted for a Class B felony offense, bail jumping, for failing to appear in court as agreed. From Lebanon:Take I-89 South to Exit 13 (Grantham). The penalty for bail jumping is 3 to 7 years in state prison and a $5,000 fine. (A) Only one attorney shall argue for each party, except by leave of the court. Beaton is accused of posting online private sexual images of M.V. with the intent to harass, intimidate or threaten M.V.. Upon a showing satisfactory to the court that a defendant has failed to pay an assessment ordered by the court, the burden of proof shall be upon the defendant to establish by a preponderance of the evidence that he or she does not have the ability to pay and that he or she has exercised reasonable diligence in pursuing the means to pay. It is extremely important that you understand that the rejection of a question because it is not within the rules of evidence, or because it is not relevant to the witness' testimony, is no reflection upon you. 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. Low near 25F. 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. These cookies will be stored in your browser only with your consent. The Rules of Evidence shall not apply at the hearing. On Feb. 19, 2022, Mateo is accused of striking K.R. in the head with a handgun, causing a laceration. The penalty for this Class B felony offense could be 3 years to 7 years in New Hampshire State Prison and/or $4,000. 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. 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. Dockets are current as of 4:00 p.m. the prior day. The charge is a Class B felony offense. No person shall photograph, record, or broadcast any court proceeding without providing advance notice to the presiding justice that he or she intends to do so.
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