All rights reserved. (3) In any case in which a sentence is imposed that would allow a party to apply for review of the sentence by the Sentence Review Division, the Court, at the time of sentencing, shall provide the defendant and the prosecutor with an application for sentence review. (10) Each member of the Sentence Review Division shall review the application, transcript of the sentencing hearing, and such other materials as set out in Sentence Review Division Rule 16 and shall then inform the Secretary whether the member is requesting a hearing. If the grand jury returns an indictment, the defendant shall be notified by mail unless the court issues a capias for the defendants arrest. (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. (h) Subdivision of Suspended Sentences. Before accepting any negotiated or capped plea, the sentencing judge shall confirm in writing or on the record the understanding of the parties that entry into such plea agreements results in waiver of the right to sentence review. He was arrested June 26, 2007, after police allegedly found him in possession of a crack pipe. (22) The Secretary shall send the final order to the Clerk of Court for the court in which sentence was imposed, the sentencing judge, defendant, defense counsel, the Department of Corrections, and the County Attorney or the Attorney General's office. (10) Motions to Dismiss; Motions for Mistrial. 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. Any answer or objection to a motion must be filed within ten days of filing of the motion. 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. Every hour of verified community service shall be applied against a fine at the rate of $15.00 an hour. (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. Sullivan County Grand Jurors indicted Danielle Pollari, 41, of Newport, with knowingly having in her possession a set of metallic knuckles on Sept. 21. Adoption and Effective Date; Applicability, Rule 3. Clow, 20, of Claremont is accused of committing an assault on May 29 while in custody at the Sullivan County House of Corrections. (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. See, e.g., State v. Sargent, 148 N.H. 571 (2002); State v. Howe, 145 N.H. 41 (2000); State v. Hilton, 144 N.H. 470 (1999); State v. Ellsworth, 142 N.H. 710 (1998); State v. Chick, 141 N.H. 503 (1996); State v. Rhoades, 139 N.H. 432 (1995). There is 2-hour parking in front or in the public parking area at the median. Every offense shall be prosecuted in the county or judicial district in which it was committed. (5) At the bench, the judge and counsel will read the proposed questions. 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. Adam Bemis, 38, of 445 Willow Street, four counts of aggravated felonious sexual assault (AFSA), felonious sexual assault, three counts of indecent exposure and three counts of witness tampering. Some clouds this morning will give way to generally sunny skies for the afternoon. Rule 49 is consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rule 1.25 (Untimely-filed guardian ad litem reports). (d) Witnesses Under Sixteen Years of Age. Thank you for signing in! Use the 'Report' link on (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. Please log in, or sign up for a new account to continue reading. (c) In Strafford and Cheshire 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 January 1, 2016 shall be initiated in superior court. The charge is a Class B felony. Your account has been registered, and you are now logged in. Directions to Sullivan County Superior Court PARKING The parking lot is located on Sunapee Street across from the Sheriff's Office. If a defendant refuses to plead or if a court refuses to accept a plea of guilty, the court shall enter a plea of not guilty. (3) The following provisions govern a partys obligations when filing a confidential document or documents containing confidential information as defined in this rule. (f) Subpoena duces tecum. (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. If you do have any questions, please write them down on a pad of paper. If a defendant fails to appear as required by the summons, a warrant may be issued. 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. (2) Plea by Mail. 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. Sullivan County Justice Center. Every motion to suppress evidence: (A) shall be filed in accordance with section (b)(1) of this rule; (B) shall be in writing and specifically set forth all the facts and grounds in separate numbered paragraphs upon which the motion is based; and. (D) A summary of the law to be used in their consideration of the evidence. If the court determines that there is no probable cause to believe that a charged offense has been committed or that the defendant committed it, the court shall dismiss the complaint and discharge the defendant. 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. Rule (b)(6) restates the traditional rule of grand jury secrecy. (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. It is within the discretion of the court to grant a petition for annulment. N-4, Kingsport, aggravated burglary, forgery, two counts theft of $500 or less. On Dec. 5, 2021, Benoubader is accused of engaging in tumultuous behavior or violent conduct with two or more people recklessly creating a substantial risk of causing public alarm. To provide a humane environment that promotes personal growth and rehabilitation for the offender to reduce recidivism. She intentionally failed to that John Patten, the father of her son, was a household member. For callers outside the U.S and Canada the number is 1-603-415-0162.Hours: Monday - Friday, 8:00am to 4:00pm. (f) Probation. 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). 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. Cody Magie, 29, of Beech Street, aggravated felonious sexual assault and two counts of second-degree assault. She had been released pursuant to a felony punishable by a term of imprisonment of more than a year and less than 15 years. Donald Walsh, 48, of West Street, identity fraud. The finding and the affidavit 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. 11 RULE 5. On Feb. 4, 2022, Kustra is accused of pointing a knife at W.M. and saying, Ill fucking kill you.. (a) When allowed by law and as justice may require, the court may waive the application of any rule. 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) Whenever a motion to suppress evidence is filed before trial in any criminal case, the court will determine, in its discretion, whether to hear the motion in advance of trial or at the trial when the evidence is offered. 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. The court shall order videotape trial testimony if it finds by a preponderance of the evidence that: (1) The child will suffer emotional or mental strain if required to testify in open court; or. 0. The court may grant or deny an annulment without a hearing. Gregory Fox, 42, of Pine Street, attempted murder. (b) Videotape trial testimony taken pursuant to this rule shall be conducted before the judge at such a place as ordered by the court in the presence of the prosecutors, the defendant and counsel, and such other persons as the court allows. Childress was indicted on a single charge of theft over $1,000 recommended by the state due to the continuing nature of the alleged crime, according to an affidavit. See Superior Court Administrative order 2019-002. The court shall allow reasonable time prior to a proceeding for the set up of such equipment. Choose wisely! (G) The name and address of each court or agency and a full identification of each proceeding in which the applicant has filed an application to appear pro hac vice in this state within the preceding two years; the date of each application; and the outcome of the application. Upon a verdict or finding of guilt, the court shall enter an order fixing the punishment. A final, public, violation hearing before a judge shall be held without unreasonable delay. It is important, however, to note that this rule does not bar a witness from later revealing the substance of the witnesss testimony before a grand jury. A theft charge was filed against Travis S. Childress, 20, 305 Claymore Drive, after his employer had other area Subway managers posed as customers to get evidence of the alleged criminal activity. Any person who is arrested on a warrant issued pursuant to an indictment or complaint and who is not released on bail set by a bail commissioner shall be taken before the superior court without unnecessary delay. (4) Evidence. Please disable your ad blocker, whitelist our site, or purchase a subscription. Before a plea of chargeable is accepted, the court shall address the defendant and determine on the record that: (1) There is a factual basis for the plea to the violation; (2) The defendant understands the violation charged and the factual basis of it; (3) The defendants plea is knowing, intelligent and voluntary; (4) The defendants plea is not the result of any unlawful force, threats or promises; and that. Edward Bryans, 59, of Mountain Drive, in Marlborough, was indicted for reckless conduct with a deadly weapon. In determining the necessity, the court shall consider the complexity of the issues involved, other opportunities or information available to discover the information sought by the deposition, and any other special or exceptional circumstances that may exist. (2) If a motion to seal the affidavit or statement filed under oath if filed electronically has been filed with the request for a probable cause determination, the court shall rule on the motion to seal when ruling on the issue of probable cause. The rules do not govern juvenile proceedings or collateral proceedings such as habeas corpus or mandamus. (e) Gerstein Determination. (B) Instructions to the Jury when Decision Whether to Ask Questions is Made: Ladies and gentlemen of the jury, I remind you of my earlier remarks regarding juror questions. (5) Sanctions for Failure to Comply. Such withdrawals must be made in the superior court. The State may be represented by the County Attorney of the county wherein the sentence was imposed or by the Attorney General. N.H. R. of Prof. It is part of due process. On Feb. 28, 2022, Pacheco is accused of pointing a firearm at A.B.. . (E) 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). Should any member request a hearing, the Secretary shall issue a notice of hearing to the persons set out in Sentence Review Division Rule 8. If the court determines that there is no probable cause to believe that a charged offense has been committed or that the defendant committed it, the court shall dismiss the complaint and discharge the defendant. Upon the filing of a misdemeanor appeal in superior court, a hearing notice consistent with these rules shall be issued. Beaton is accused of posting online private sexual images of M.V. with the intent to harass, intimidate or threaten M.V.. Newport, NH 03773, Clerk: Brendon C. ThurstonPhone: 1-855-212-1234 (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. (A) Record information must be requested in writing and include the individuals full name and, if available, the individuals date of birth. 613. Service of a subpoena shall be made by reading the subpoena to the person named or by giving that person in hand an attested copy thereof. Where can I obtain a certified copy of a birth, death, marriage, or divorce certificate. 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. (c) Notice to Defendant. These email addresses are for WebEx access requests only. Jacob Bourque, 25, of Sylvester Street, reckless conduct and two counts of falsifying physical evidence. Snowfall rates of 1 inches or more per hour. Thats not the only trouble Gunnip was in, however. 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. Stone allegedly asked dispatchers to call his wife and ask her to bring him some gas. Please remember that you are under no obligation to ask questions, and questions are to be directed only to the witness. (A) Instructions to the Jury at Beginning of Trial: Ladies and gentlemen of the jury, I have decided to allow you to take a more active role in your mission as finders of fact. High near 60F. MARK LAQUIRE Mark Laquire, 27, of 44 Walnut Street in Claremont was indicted for second degree assault. (1) Violations. There is 2-hour parking in front or in the public parking area at the median. Lord-Hill, 32, of Claremont was arrested on April 16 for resisting arrest. Sullivan County Grand jury indictments for Feb. 20 are released By Staff Reports Feb 21, 2019 Updated Feb 22, 2019 0 Alexis S. Banks Alexis S. Banks, 22, of 28 Prospect Street in Claremont was indicted for possession heroin with intent to sell in concert with Justin Gunnip. As provided by law, a defendant who has been convicted of a crime capable of being annulled may apply to the court in which the defendant was convicted to annul the conviction. (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. The court may find the defendant guilty and impose sentence. (A) Extended Term Sentences. (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. There shall be no filing fee for such a motion. Submitting this form below will send a message to your email with a link to change your password. Robert Matteson, 29, of 199 Manchester St., witness tampering. (4) If a motion to seal the affidavit has been filed with the request for a Gerstein determination, the court shall rule on the motion to seal when ruling on the issue of probable cause. (a) Defense Appeals. The motion shall set forth the reason for appealing and the cause of the delay. On March 3, 2022, Carota is accused of being drunk, with a blood alcohol level in excess of .16, when she dove a 2015 Toyota RAV4 on Route 101A in Amherst and struck Amherst police officer Thomas Clement, causing him to suffer a fractured forearm bone and nerve damage. 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 . On Feb. 19, 2022, Mateo is accused of striking K.R. in the head with a handgun, causing a laceration. The court cannot grant use immunity sua sponte under the immunity statute. (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. Police said James Stone called 911 while officers were speaking to his wife at his residence on June 22, 2007, about one violation. She was carrying it in her purse. The drug was in a syringe. 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. A factor which may be considered by the court in determining whether good cause to withdraw has been shown is the client's failure to pay for the attorney's services. The discharge of the defendant shall not preclude the state from instituting a subsequent prosecution for the same offense or another offense. The Courthouse will be on your left in the Opera House Building. Monte Wisecup. Any motion to withdraw filed by counsel shall set forth the reasons for the motion but shall be effective only upon approval of the court. Horsfield was also indicted for Aggravated DWI with serious bodily injury, having allegedly driven, or attempted to drive, a motor vehicle on or between July 22 and 23, 2019. (b) Except where ex parte communications with the court are authorized by law, no person shall make any statement with regard to the merits of that person's case, orally or in writing, to any judge in whose court or before whom any suit, petition or other proceeding is pending or to be heard or tried except in open court or in the presence of all parties thereto. We also use third-party cookies that help us analyze and understand how you use this website. In Claremont , head East on Route 11/103 ( Washington Street ) passing Walmart, K-Mart, Market Basket. Notice of the motion must be served on all parties. Don't Threaten. Such testimony shall be admissible into evidence at trial in lieu of any other testimony by the child. (6) A grand juror, interpreter, stenographer, typist who transcribes recorded testimony, attorney for the State, or any person to whom disclosure is made under paragraph (C) below, shall not disclose matters occurring before the grand jury, except: (A) As provided by the Supreme Court rules; (B) To an attorney for the State for use in the performance of such attorney's duties; (C) To such state, local or federal government personnel as are deemed necessary by an attorney for the State to assist in the performance of such attorney's duty to enforce state criminal law; (D) When so directed by a court in connection with a judicial proceeding; (E) When permitted by the court at the request of an attorney for the State, when the disclosure is made by an attorney for the State to another grand jury in this state; or. According to the indictment, Scott was criminally liable on March 7, 2022, as an accomplice when N.G. was robbed of $200 in cash and struck in the back of the head with a firearm by Angel Caballery. On March 11, 2022 in Manchester, Perez is accused of putting his hand on Officer Stephen Irwins holster.
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