(d) Subpoena for Out-of-State Witnesses. Follow Route 103 West all the way to Newport. (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. The first sentence of paragraph (c) sets forth the appropriate methods of service and is a consistent restatement of RSA 516:5. From Charlestown:Head North on Route 12 to Claremont. (d) The filing of a motion for reconsideration or other post-decision relief shall not stay any order of the court unless, upon specific written request, the court has ordered such a stay. The deponent in a deposition shall ordinarily be required to answer all questions not subject to privilege or excused by the statute relating to depositions, and it is not grounds for refusal to answer a particular question that the testimony would be inadmissible at the trial if the testimony sought appears reasonably calculated to lead to the discovery of admissible evidence and does not violate any privilege. The court shall review the pre-sentence report and afford the defendant and the State a reasonable opportunity to challenge, rebut or correct factual material contained within the report that might bear on the sentence. Choose wisely! Property Information - parcel #, lot #, taxes, liens, zoning ordinances, etc. Where do I get information about Criminal History Record Requests? These rules shall be construed to provide for the just determination of every criminal proceeding. MONTICELLO - Sullivan County Acting District Attorney Meagan Galligan announced that a Sullivan County Grand Jury handed down indictments for two alleged felons this week. All proceedings relating to the examination of prospective jurors shall be recorded and should be conducted in the presence of counsel, or the defendant, if self-represented. Yahaira Olivier, 47, of Spruce Street, criminal threatening, deadly weapon. Any victim or other witness who was sixteen years of age or under at the time of the offense may also move to take videotape trial testimony. 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. punishable by contempt of court. In exceptional circumstances, when the court finds that the application of these rules to cases pending as of the effective date would not be feasible or would work an injustice, the court may exempt such cases from the application of these rules or from a particular rule. See RSA 625:9. Your purchase was successful, and you are now logged in. (3) The court has discretion as to whether to grant applications for admission pro hac vice. The drug was in a syringe. The court may permit counsel to leave the courthouse upon appropriate conditions. Laramee Pleads Guilty: Pleads Guilty to 4 Charges of Aggravated Felonious SA, New Man at the Helm: Kevin Brown Named General Manager of the Eagle Times, Send-Off for a Star: Local Musician Evelyn Cormier to Perform at Remix, 'I'm Ready for Some Help': GMUSD School Board Hears Evidence of Racial Bias, GMUSD Reverses Decision: Board Reinstates Chieftain Name After Citizen Petition, Welcome to the Eagle: The Eagle Times Welcomes Sydney McAllister to the Staff, Getting to Know the Candidates: Windsor Holds Forum for Selectboard Candidates, Community Speaks on Budget: $1M Reinstated by 41-27 Vote at Deliberative Session. (4) Conduct which the court finds is a willful failure to pay an assessment or to perform community service as ordered may be punishable as civil contempt of court subject to the provisions of RSA 618:9. 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. These provisions are intended to ensure that confidential documents and information contained within documents are accessible, upon filing, only to the court and its staff, to the parties and their attorneys or the parties authorized representatives, and to others authorized to perform service of process. The administrative judge of the circuit court may specially assign a case to a specific judge. . (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. (b) Jury Cases. On Feb. 6, 2022 in Bennington, Desmarais was driving a snowmobile while under the influence and was involved in a collision, injuring himself. If no other charges remain pending in the case after dismissal the court shall vacate all bail orders. (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. Jacob McCann, 18, of Pine St., criminal threatening. The rule does not absolutely foreclose the possibility that the court could communicate with potential jurors outside the presence of counsel, in recognition of the fact that, in relatively rare instances, the interest in full disclosure by jurors of sensitive, but relevant, matters may be advanced by allowing the court to inquire into those matters in private with the juror. Saturdays weather: Heavy snow, total accumulation 8-13 inches, high of 33, Shaheen: Put Harriet Tubman on the $20 bill, Another fan of the choo choo .. We had a choo choo, nobody rode it. (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. Shannon Kathleen Carota, 41, of Middle Street, Milford, aggravated DUI with collision and serious injury. (1) The court shall make a written finding on the issue of probable cause. A motion to set aside a jury verdict or a non-jury verdict announced on the record in open court shall be filed within ten days after its rendition, and a motion to set aside any other verdict or decree shall be filed within ten days from the date on the clerks written notice with respect to same, which shall be mailed by the clerk on the date of the notice. NEWPORT The grand jurors for the State of New Hampshire on June 26, upon their oath, present that: Doxter, 41, of Newport had to report to the Sullivan County House of Corrections for a felony offense of willful concealment, third offense. State v. Farrow, 118 N. H. 296, 307 (1978); State v. Prevost, 105 N.H. 90 (1963). (e) All information provided pursuant to this rule is for the purpose of evaluating the sanity or competency of the defendant and may not be used for any other purpose without permission of the court. Welcome! The Courthouse will be on your left in the Opera House Building. Misdemeanors punishable by a term of imprisonment of one year or less may be charged in an indictment. A preliminary examination allows a defendant to challenge the decision of the prosecuting authorities to limit the defendants liberty pending consideration of the matter by a grand jury. 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. (b) An attorney may not participate as an advocate in a trial in which the attorney has testified, unless permitted to do so by the Rules of Professional Conduct. A defendant may be sentenced to a period of conditional discharge as provided in RSA 651:2, VI. 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. If the judge does plan to impose a time limit, counsel should be notified and given an opportunity to object to the length outside the hearing of the jury. 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. On Nov. 8, 2021, Lages is accused of striking J.G. multiple times, causing J.G. to sustain a jaw fracture. He also is accused of choking her. The superior court will dismiss without prejudice all felony complaints and enhanced misdemeanors if the defendant has not been indicted within 60 days after the defendant has appeared in superior court to answer to the charge. (b) For Production of Documentary Evidence and of Objects. Waiver of indictment is not permitted for offenses punishable by death. Deposition witnesses under subpoena shall be entitled to witness fees as in any official proceeding unless expressly waived by the parties with the agreement of the witness. Gregory Worthley, 31, of Concord, was indicted for acting in concert with Horsfield on or about Sept. 10, having allegedly possessed bath salts alpha-PHP within a motor vehicle he possessed/controlled on Corbin Road. Necessary cookies are absolutely essential for the website to function properly. (j) The exact location of all recording, photographing, and broadcasting equipment within the courtroom shall be determined by the presiding justice. (e) If a defendant who is detained indicates a financial inability to obtain counsel and a desire for appointed counsel, the court shall instruct the defendant to complete a Request for a lawyer form immediately and, if eligible, counsel shall be appointed immediately. 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. Worthley has a previous conviction for a misdemeanor in 2016. Thank you for reading! (a) Non-attorneys. 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. If the defendant fails to comply with this rule, the court may exclude any testimony relating to such defense or make such other order as the interest of justice requires. (f) Arraignment on Misdemeanor Appeal. 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. CONCORD, NH The following people were indicted recently in Merrimack County Superior Court. Strafford County Attorney Tom. (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 consent of the State is not necessary for the defendant to waive the right to trial by jury. The charges are from Nov. 13 and Nov. 19, 2021. One Kingsport mans indictment alleges he embezzled $2,937 from a Kingsport Subway between Nov. 22, 2006, and Dec. 31, 2006. Pollari was also indicted for being a principal/accomplice in the crime of forgery, having, in concert with another, written herself a check in the amount of $500 dated Jan. 28, 2019, and presented said check to the teller at Claremont Savings Bank. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. (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. Laremy L. Varney, 20, 1000 Stonegate Rd., Apt. (5) When application for sentence review is made directly to the Clerk of the Superior Court, the Clerk shall immediately mail a copy of the application to the Secretary of the Sentence Review Division, along with notice of the date such application was filed with the Clerk. Get an email notification whenever someone contributes to the discussion. The Sullivan County Grand Jurors on Wednesday Sept. 25 indicted Amanda Bateman, 32, of Claremont, with failure to appear, a Class B felony offense. MARK LAQUIRE Mark Laquire, 27, of 44 Walnut Street in Claremont was indicted for second degree assault. Get the paper in your inbox! A confidential document means a document that is confidential in its entirety because it contains confidential information and there is no practicable means of filing a redacted version of the document. The charge is a Class B felony offense. (3) The following is a non-exhaustive list of the type of information that should ordinarily be treated as confidential information under this rule: (A) information that would compromise the confidentiality of juvenile delinquency, children in need of services, or abuse/neglect, termination of parental rights proceedings, adoption, mental health, grand jury or other court or administrative proceedings that are not open to the public; or, (B) financial information that provides identifying account numbers on specific assets, liabilities, accounts, credit card numbers or Personal Identification Numbers (PINs) of individuals including parties and non-parties; or. Paragraph (d) provides that in trials adjudicating multiple charges, the number of peremptory challenges available to the parties depends on the most serious charge. (C) The defendant asserts a claim that a material element of the charge is without factual basis or that the charge is legally insufficient to constitute a felony offense. 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). Except as provided in Subsection (5), a defendant shall not be subject to separate trials for multiple offenses based on the same conduct or arising from the same criminal episode, if such offenses are known to the appropriate prosecuting officer at the time of the commencement of the first trial and are within the jurisdiction of a single court. These rules govern the procedure in circuit court-district division and superior courts when a person is charged as an adult with a crime or violation. Notifications from this discussion will be disabled. 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). Allyson Mateo, 35, of Belmont Street, first-degree assault, reckless conduct and felon in possession of a handgun. He did not disclose receipt of wages from JB Hunt Transport, Inc. Where can I obtain a certified copy of a birth, death, marriage, or divorce certificate. McLennan County grand jury indictments: Sept. 1, 2022 Disclosure of such testimony may be made only in accordance with Supreme Court Rule 52. 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. The record of juror orientation sessions shall be preserved for a period of ten years. These cookies will be stored in your browser only with your consent. In such cases, the party or attorney shall be advised of his or her obligation to keep the audio recording confidential. If the grand jury returns a no true bill after consideration of a charge against a defendant who is incarcerated or is subject to bail conditions, the court shall immediately notify the defendant or counsel of record. 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. (f) In computing any period of time prescribed or allowed by these rules, by order of court, or by applicable law, the day of the act, event, or default after which the designated period of time begins to run shall not be included. Keep it Clean. At such conference, the court shall consider the advisability and need for the appointment of a guardian ad litem to represent the interests of the alleged victim. On your next view you will be asked to log in to your subscriber account or create an account and subscribepurchase a subscription to continue reading. On Feb. 19, 2022, Mateo is accused of striking K.R. in the head with a handgun, causing a laceration. (d) Witnesses Under Sixteen Years of Age. This is the name that will be displayed next to your photo for comments, blog posts, and more. (a) Arrest. that is degrading to another person. (9) Sanctions for Failure to Comply. 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. William McKenney, 39, of Main Street, four counts of aggravated felonious sexual assault. If none of the confidential information is required or material to the proceeding, the party should file only the version of the document from which the omissions or redactions have been made. 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. Rule 11(a)(3) and (a)(4), applicable to circuit court pleas, and Rule 11(b)(2) and (b)(3), applicable to superior court pleas, address the colloquy required between the court and defendant in cases where incarceration upon conviction is possible. (10) Motions to Dismiss; Motions for Mistrial. I have killed people before.. Joinder of Offenses and Defendants, Rule 21. She had been released pursuant to a felony punishable by a term of imprisonment of more than a year and less than 15 years. Please avoid obscene, vulgar, lewd, We hope that you continue to enjoy our free content. Man indicted by Boulder County grand jury on prostitution, sex assault 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. After submission of the case, but before the return of a verdict, a party may reopen evidence after showing good cause, in the discretion of the court. (a) Superior Court Complaint. No such equipment shall be used or set up in a location that creates a risk of picking up confidential communications between lawyer and client or conferences held at the bench among the presiding justice and counsel or the parties. You will pass Lake Sunapee and Mt. (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. The order of contempt shall recite the adjudication and sentence and shall be signed by the judge and entered of record. 2018, both of the Guzmn-Lpez brothers were indicted by a Federal Grand Jury in the District of Columbia and charged with one count of 21 USC Sections 959(a), 960 and 963 (conspiracy to distribute more . 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. The motion shall be filed as far in advance of the proceeding as is practicable. On Jan. 24, 2022, he is accused of pointing a gun at R.D.. (19) If the Sentence Review Division orders a different sentence, the Division shall issue a written order confirming the new sentence as modified. No arraignment shall be held on a misdemeanor appeal. Candidates Declared major candidates. Failure to raise a ground for recusal shall constitute a waiver as specified herein of the right to request recusal on such ground. Clow, 20, of Claremont is accused of committing an assault on May 29 while in custody at the Sullivan County House of Corrections. (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. (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. The prosecution shall present evidence first in its case-in-chief. 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. (B) Alibi. Among those indicted were: Adam R. Allen, 40, of 64-A Union St., reckless conduct, deadly weapon. Snow this morning will give way to lingering snow showers this afternoon. Indictments | New Hampshire Judicial Branch Evidently not. (H) Statistical information concerning the sentences imposed for the same crime committed by other individuals in the State of New Hampshire. During the case-in-chief, the defense may introduce evidence through the prosecution's witnesses. Brymer, 31, of Williamstown, Vermont was arrested on Dec. 7, 2018 for knowingly receiving stolen property. (e) For the purpose of compliance with any time deadlines or statutes of limitation, the terms filing and entry shall have the same meaning and shall be used interchangeably. (B) Prior Sexual Activity of Victim. On Jan 31, 2022, Brodeur is accused of threatening M.H. and F.D. with a BB gun. Any answer or objection to a motion must be filed within ten days of filing of the motion. The charge is a Class B felony offense. Rule 46 is consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rule 1.4 (Photographing, Recording and Broadcasting). The rule recognizes the current practice whereby applications to summon out-of-state witnesses may be made ex parte. Later, Texas incorporated the idea of having a grand jury into its own constitution. 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. (B) Copies of all police reports; statements of witnesses; and to the extent the State is in possession of such materials, results or reports of physical or mental examinations, scientific tests or experiments, or any other reports or statements of experts, as well as a summary of each expert's qualifications, with the exception of drug testing results from the New Hampshire State Forensic Laboratory, which shall be provided within ten court days from the date of indictment, or such other date as may be authorized in the dispositional conference order. (2) Motion for Special Assignment. Grand Jury returns 58 indictments - Yahoo! Upon request, in misdemeanor and violation-level cases, the prosecuting attorney shall furnish the defendant with the following: (A) A copy of records of statements or confessions, signed or unsigned, by the defendant, to any law enforcement officer or agent; (B) A list of any tangible objects, papers, documents or books obtained from or belonging to the defendant; and. (1) Any person who seeks access to a document or portion of a document that has been determined to be confidential shall file a motion with the court requesting access to the document in question. (D) If a plea agreement is not reached at the dispositional conference, the matter shall be set for trial. (4) An order shall be issued setting forth the courts ruling on the motion, which shall be made public. (b) In addition to the participation of the interpreter contemplated in paragraph (a) of this rule, whenever, in the case of an indigent defendant, defense counsel reasonably believes that counsel requires a separate interpreter in order to communicate with the defendant, counsel shall make application to the court for authorization under RSA 604-A:6 for funds to hire an interpreter for the purposes of facilitating out-of-court and in-court communication between counsel and the defendant. Merrimack Man Indicted In Knife Threat Case: Court Roundup Bomhower was also charged with conspiracy to commit assault by prisoner on Aug. 17, in allegedly assisting another man to strike a third man at the Sullivan County House of Corrections. (B) After the close of evidence, the defense shall argue first and the prosecution shall argue last. Photographing, Recording, and Broadcasting, Rule 47. (e) Waiver of Arraignment. He also is accused of choking the woman and pushing her head and face into a pillow, impeding her breathing. On Feb. 17, 2022, he is accused of stealing a blue 1996 Honda Civic. See generally Petition of WMUR Channel 9, 148 N.H. 644 (2002) (decided under prior version of the rule). Sullivan County, NH News | NewsBreak Sullivan County, NH As Rule 26 reflects, if counsel has left the courthouse with the courts permission, counsel has not waived the right to be present when an instruction is to be given in response to a jurys question. Krystal Boyle, 42, of 365 Bridge Street, two counts of robbery. 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. 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. N-4, Kingsport, aggravated burglary, forgery, two counts theft of $500 or less. (d) Extended Term. If a subpoena duces tecum is to be served on the deponent, the notice to the adverse party must be served before service of the subpoena, and the materials designated for production, as set out in the subpoena, must be listed in the notice or in an attachment. (2) Joinder of Related Offenses for Trial. 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.