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. Kitchen, 33, of Claremont was arrested on May 7 for possession of a quantity of pills that contained oxycodone, a schedule II controlled drug. Oral testimony, if submitted, shall be under oath and recorded. Go to, Photo Gallery of Sullivan House Construction, Prison Rape Elimination Act (PREA) Information. Take a right at end of exit ramp onto Route 103 West. Consistently striving to have a strong sense of duty and promote integrity, respect, loyalty, and teamwork in our daily actions setting a positive example for others to follow. (iii) not less than 30 days prior to jury selection, a party shall file a motion to exclude evidence it believes constitutes Rule 404(b) evidence if no motion to admit the evidence has been filed by the opposing party. Whenever the court approves the withdrawal of appointed defense counsel, the court shall appoint substitute counsel forthwith and notify the defendant of said appointment. Be Nice. Logan Pacheco, 24, of Mammoth Road, criminal threatening. (3) The following provisions govern a partys obligations when filing a confidential document or documents containing confidential information as defined in this rule. On March 4, 2022, he is accused of pointing a knife at M.R., an intimate partner, and telling her she was going to die before police arrived. (2) Only state prison sentences, whether stand committed, suspended or deferred, are subject to sentence review. An offense that is punishable by a term of imprisonment exceeding one year may be prosecuted by a complaint with a waiver of indictment. The attorney shall further certify that the defendant read the indictment or complaint or that it was read to the defendant, and that the defendant understands the substance of the charge and the possible penalties, waives formal arraignment, and pleads not guilty to the charge. A subpoena may be served by any person who is eighteen years of age or older. Jaquith was indicted in Salem Superior Court . Furthermore, the no contact provisions shall not be deemed to prevent contact between counsel when both parties are represented. Winds light and variable. If at any time during the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may take such action as it deems just under the circumstances, including but not limited to: (A) ordering the party to provide the discovery not previously provided; (B) granting a continuance of the trial or hearing; (C) prohibiting the party from introducing the evidence not disclosed; (D) assessing the costs and attorneys fees against the party or counsel who has violated the terms of this rule. One of the indecent exposure charges accuses him of attempting to engage in sexual intercourse with the child in the presence of two other children, then age 2 and 5. Grounds for recusal that first become apparent at the time of or during the hearing shall be immediately brought to the attention of the judge. (4) Attorneys Examining. From Lebanon:Take I-89 South to Exit 13 (Grantham). Filers shall not combine multiple motions seeking separate and distinct relief into a single filing. Should he choose the de novo jury trial in superior court and again be convicted there, he may of course appeal that conviction to this court. Thompson, 165 N.H. at 788. (b) Indictment. No photographs of jurors or prospective jurors shall be allowed. Deadline for Criminal Appeals to the Supreme Court, Rule 37. (4) An applicant for permission to appear pro hac vice shall pay a nonrefundable fee; provided that not more than one application fee may be required per non-member attorney for consolidated or related matters regardless of how many applications are made in the consolidated or related proceedings by the non-member attorney; and further provided that the requirement of an application fee may be waived to permit pro bono representation of an indigent client or clients, in the discretion of the court. (d) Summons. And Malone wasnt the only case involving an arrestee accused of trying to bring drugs into the jail. (C) The State, defendant, and defendants counsel, if any, shall appear at the dispositional conference. When there is an appeal after a conviction in either circuit court-district division or superior court, or when either party appeals prior to or during trial, the trial court may authorize the defendants release on bail pending the appeal as provided by statute. (2) Appeal for Trial De Novo in the Superior Court. (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. 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. Be Proactive. If you were summoned for December 5, 2022 your additional reporting dates are here. The following procedures apply to arraignments on misdemeanors and violations. Then partly to mostly cloudy overnight. Follow Route 103 West all the way to Newport. Gregory Fox, 42, of Pine Street, attempted murder. (a) Juror Orientation. The motion shall set forth the reason for appealing and the cause of the delay. (i) Correction of Sentence. When the complaint charges a felony, a summons may not be issued. (c) The parties may submit additional information to the personnel conducting the evaluation but are not required to do so in the absence of an order from the court. 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. (5) Objections; Offers of Proof. Boykin v. Alabama, 395 U.S. 238 (1969); Richard v. MacAskill, 129 N.H. 405 (1987). On Sept. 18, 2021, in Peterborough, Michaels is accused of grabbing a woman by the neck and forcing her to perform fellatio on him and forcing her to have sexual intercourse after she told him no, please stop, and I dont want to do it., Jeremiah Nabors, 24, of Mountain Ash Lane, Goffstown, reckless conduct. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Merrimack County or or after January 1, 2017. The party who called the witness will proceed first. Zachary Zhao Wang, of Syosset, N.Y., has been charged with criminal mischief for allegedly shooting out the lights of a menorah display and shooting college buildings on the night of Dec. 15, 2020 . (4) A party filing a confidential document shall identify the document in the caption of the pleading so as not to jeopardize the confidentiality of the document but in sufficient detail to allow a party seeking access to the confidential document to file a motion to unseal pursuant to subdivision (f) of this rule. 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. Additionally, on October 3, 2018, a federal grand jury . (b) Superior Court. (b) Issuance of Arrest Warrant. The provisions of Rule 36 are consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rule 1.3 (Attorneys). (a) A motion for reconsideration or other post-decision relief shall be filed within ten days of the date on the clerks written notice of the order or decision, which shall be mailed or electronically delivered by the clerk on the date of the notice. As you enter Newport , you will go down a hill ( Sunapee Street ) and see Main Street ahead. For rules governing motions to continue in Circuit Court-District Division, see Circuit Court-District Division Rule 1.8-A. During the case-in-chief, the defense may introduce evidence through the prosecution's witnesses. Concord, NH - New Hampshire Attorney General John M. Formella announces that 10 individuals have been indicted by the Hillsborough County Grand Jury as a result of the ongoing investigation into the Youth Development Center (YDC), and Sununu Youth Services Center (SYSC). The grand jury shall consist of no fewer than twelve nor more than twenty-three members. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period shall extend until the end of the next day that is not a Saturday, Sunday, or a legal holiday as specified in RSA chapter 288. Paragraphs (a) through (c) of Rule 16 derive from RSA 517:13-a, I through III. In a proceeding under this rule, if the contempt charged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial or hearing except with the defendant's consent. The court may elect to make one public copy of an exhibit available in the clerks office. Whitaker, 48, of Claremont was arrested on May 22 for three counts of theft by unauthorized taking. Upon the filing of such a motion, the court may schedule a hearing as expeditiously as possible before the commencement of the proceeding and, if a hearing is scheduled, the court shall provide as much notice of the hearing as is reasonably possible to all interested parties and to the Associated Press, which shall disseminate the notice to its members. (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. (b) In the case of any proceeding made CONFIDENTIAL by New Hampshire statute, case law, or court order, no duplicate audio recording shall be released, except to a party to the proceeding granted access by the court or to an attorney for a party to the proceeding. (15) Upon hearing, the Division can act in any of the following ways: (A) It may increase the sentence imposed by the sentencing judge; (B) It may decrease the sentence imposed by the sentencing judge; (C) It may otherwise modify the sentence; or. 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. The Courthouse will be on your left in the Opera House Building, across from the Lake Sunapee Bank. In all proceedings, the testimony of witnesses shall be given, by oath or affirmation, orally in open court, unless otherwise provided by law. (e) No court or justice shall establish notice rules, requirements or procedures that are different than those established by this rule. If, upon appeal to the superior court, the defendant waives the right to a jury trial, the court shall remand the matter to the circuit court-district division for imposition of the originally imposed sentence. The court shall hold a hearing on the petition to annul if requested by the petitioner. 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. (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. N.H. R. of Prof. (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. Thats not the only trouble Gunnip was in, however. The contemnor must be given an opportunity to speak and present a defense. Chance of snow 100%. She has been convicted in the past of sale of heroin and possession of heroin with intent to sell. (E) Any controversial aspects of the trial likely to invoke bias. If you have a subscription, please log in or sign up for an account on our website to continue. At the hearing, the accused may cross-examine witnesses and present evidence. No sentence may be increased, decreased, or modified without the opportunity for the defendant to appear and be heard, in person or by videoconference, and the opportunity to be represented by counsel. In any such deferral or order of periodic payment, the court shall, pursuant to RSA 490:26-a, II-a, include a $25.00 fee to be added to the assessment. (C) The lawyer notifies the court of the multiple representation and a hearing on the record is promptly held. In addition, within forty-five calendar days after the entry of a not guilty plea by the defendant, the State shall provide the defendant with the materials specified below. The burden of proving that a document or a portion of a document should be confidential rests with the party or person seeking confidentiality. The charges are alleged to have occurred between 1994-2007. 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. Holmes was running stationary radar in Dummer on the Dummer Pond Road, which is open to cars and trucks as well as OHRVs. He was also indicted on charges of possessing fentanyl and cocaine base. (1) Fines, restitution or penalty assessments (hereinafter collectively referred to as assessments) imposed by the court shall be due and payable on the date the sentence is imposed. (2) The defendant does not have the right to be present, present evidence or cross-examine witnesses. The notice must articulate the permitted purpose for which the proponent intends to offer the evidence and the reasoning that supports the purpose. The order shall include the duration that the confidential document or document containing confidential information shall remain under seal. (iii) an unredacted version of the document clearly marked as confidential. Upon the motion of either party, or on its own motion, the court may enter additional protective orders regarding the information subject to this rule. 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. A plea of guilty or nolo contendere to a violation may be accepted by the court without formal hearing unless the violation carries a statutorily enhanced penalty upon a subsequent conviction subjecting the defendant to incarceration. After each witness has been examined by counsel, you will be allowed to formulate any questions you may have of the witness. Gunnip was further charged with conspiracy to commit assault on Aug. 17, in that he agreed with another man to commit the crime, so that man could assault another person. (a) Scope. (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. Low 33F. The date of the issuance of a hearing notice shall be the equivalent of an arraignment and entry of not guilty plea for the purpose of determining deadlines. - Manage notification subscriptions, save form progress and more. All equipment used must operate with minimal noise so as not to disrupt the proceedings. 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. Directions to Sullivan County Superior Court PARKING The parking lot is located on Sunapee Street across from the Sheriff's Office. We won't share it with anyone else. One witness tampering charge accuses Bemis of attempting to have a witness withhold information after she confronted him about sexually assaulting her daughter. Russell Dewayne Malone aka David Malone, 39, 1001 Union St., Apt. The amendments adopted on December 22, 2022, and taking effect on March 1, 2023, apply only to cases filed on or after March 1, 2023. Site by Manon Etc. Create a Website Account - Manage notification subscriptions, save form progress and more. When a probation violation is lodged against a defendant, the violation of probation and supporting statement of facts signed under oath shall be filed electronically in the court with jurisdiction over the defendant without unreasonable delay.
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