Thank you for reading! RSA 516:3 provides in pertinent part that any justice may issue writs for witnesses in any pending New Hampshire case. (b) Whenever the court communicates on the record to the witness an order issued under paragraph (a), the witness may not refuse to comply with the order on the basis of the privilege against self-incrimination. (f) Copy of Complaint. Jose Rodriguez Hernandez, 43, of Spruce Street, first-degree assault, two counts of reckless conduct and criminal threatening. 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. On Oct. 25, 2019, in Manchester, Seace is accused of engaging in tumultuous and/or violent conduct when, with Koda Seace and at least one other person, he interfered with police officers making arrests. Snow this morning will give way to lingering snow showers this afternoon. The court may issue additional orders as necessary to preserve the confidentiality of a document pending a final ruling or appeal of an order to unseal. (ii) The court finds the subsequently scheduled case should take precedence due to the rights of a victim under RSA 632-A:9. Where can I obtain a certified copy of a birth, death, marriage, or divorce certificate? The notice must articulate the permitted purpose for which the proponent intends to offer the evidence and the reasoning that supports the purpose. Evidence of a conviction under this rule will not be admissible unless there is introduced a certified record of the judgment of conviction indicating that the party or witness was represented by counsel at the time of the conviction unless counsel was waived. (i) not less than 60 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 provide the other party written notice of its intent to offer such evidence. (2) Trial will proceed in the normal fashion until questioning of the first witness has been completed by both counsel. The Courthouse will be on your right, in the Opera House Building, across from Lake Sunapee Bank. (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. On March 2, 2022, he placed STS, age 59, in danger of serious bodily injury when he fired a .22 Smith & Wesson revolver in proximity to her home. 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. Rule (b)(6) restates the traditional rule of grand jury secrecy. The court in its discretion may permit either party to take the deposition of any witness, except the defendant, in any criminal case upon a finding by a preponderance of the evidence that such deposition is necessary: (1) To preserve the testimony of any witness who is unlikely to be available for trial due to illness, absence from the jurisdiction, or reluctance to cooperate; or. On Sept. 4, 2020, Campbell is accused of putting her hand around her daughters neck and applying pressure which impeded her daughters breathing and made her feel she could not breathe. Thomas E. St. Louis, 50, of Hevey Street, two counts of criminal threatening and second-degree assault. When any party files a motion in any superior court or circuit court-district division requesting the transfer of a case, or of a proceeding therein, there pending to another court, the presiding judge may, after giving notice and an opportunity for a hearing to all parties, order such transfer. On April 19, 2022, Crawford is accused of choking "C.C.", an intimate partner, by wrapping his arm around her neck and applying pressure. Frank Owusu, 39, of Pine Street in Manchester on first-degree assault, second-degree. Please purchase a subscription to read our premium content. No racism, sexism or any sort of -ism 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. After the foreperson of the Fulton County, Georgia, grand jury investigating former President Donald Trump and a push to overturn the 2020 election spoke out in several headline-making interviews, the judge overseeing the case told ABC News on Monday that jurors "can talk about the final report." McBurney said in an interview that after the grand jury submitted its report in January, he held a . Opening statements shall not be argumentative, and except by prior leave of the court, shall be no longer than thirty minutes. On Feb. 28, 2022, Albert is accused of robbing a woman he knew and then driving her in her car around the city. (a) Summoning Grand Juries. In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court made clear counsels obligation to ensure that a defendant understands the deportation implications, if any, of a conviction. (7) A party or person with standing may move to seal or redact confidential documents or confidential information that is contained or disclosed in the partys own filing or the filing of any other party and may request an immediate order to seal the document pending the courts ruling on the motion. 2023 State of New Hampshire All rights reserved, An official NEW HAMPSHIRE government website, Guidelines for Use of Cameras and Audio Equipment, Registration Process for Use of Cameras and Audio Equipment, Judicial Performance Evaluation Advisory Committee, New Hampshire Court Accreditation Commission, Rule 2. The purpose of the dispositional conference is to facilitate meaningful discussion and early resolution of cases. (8) If the court determines that the document is not confidential, any party or person with standing shall have 10 days from the date of the clerks notice of the decision to file a motion to reconsider or a motion for interlocutory appeal to the supreme court. (i) The court shall make all documents and exhibits filed with the court, and not sealed, available for inspection by members of the public in a reasonably timely fashion, it being recognized that the courts need to make use of documents and exhibits for official purposes must take precedence over their availability for public inspection. (b)Bail Denied. (C) Review may not be sought for any sentence submitted to the sentencing judge where there is an agreement between the State and the defendant as to the sentence to be imposed in exchange for a plea (a so-called "negotiated plea"), or where there is an agreement between the State and the defendant limiting the sentence to less than the maximum which could be imposed under the law (a so-called "capped plea.") (c) If a motion for reconsideration or other post-decision relief is granted, the court may revise its order or take other appropriate action without rehearing or may schedule a further hearing. (B) The Clerk may waive the records research fee when a request for record information is made by a member of the media consistent with the publics right to access court records under the New Hampshire Constitution. She was carrying it in her purse. (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 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; and (D) assessing costs and attorneys fees against the party or counsel who has violated the terms of this rule. You will pass Lake Sunapee and Mt. Thank you for reading! The charge is a Class B felony offense. If you were summoned for March 6, 2023 your additional reporting dates are here. Confidential Documents and Confidential Information, Rule 51. (1) If the defendant is not detained prior to arraignment, the complaint shall be filed no later than fourteen (14) days prior to the date of arraignment. The recording will be provided by the court or by the transcriber designated by the Supreme Court in accordance with Supreme Court Rule 59 on CD or by audio download for a fee to be determined in accordance with a fee schedule approved by the Supreme Court. (3) Violation of this rule may be treated as contempt of court. NH 03860 Phone: 603.356.3456 Email: admin@conwaydailysun.com. (k) Continuity of Counsel in Circuit and Superior Courts. 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). Threats of harming another Scattered snow showers during the evening. (1) In any case in which a road or way is alleged to be a way, as defined in RSA 259:125, or a public highway, a party shall notify the opposing party or counsel at least ten days prior to trial if said way or public highway must be formally proved; otherwise, the need to formally prove said way or public highway will be deemed to be waived. 2023 State of New Hampshire All rights reserved, An official NEW HAMPSHIRE government website, Guidelines for Use of Cameras and Audio Equipment, Registration Process for Use of Cameras and Audio Equipment, Judicial Performance Evaluation Advisory Committee, New Hampshire Court Accreditation Commission, Sullivan County Superior Court Juror Information. Property Information - parcel #, lot #, taxes, liens, zoning ordinances, etc. Such agreement shall list the email address(es) at which counsel agree to be served. 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. 22 Main Street Any answer or objection to a motion must be filed within ten days of filing of the motion. 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. The court shall hold the hearing within twenty days of the arraignment if the defendant is not in custody. Your purchase was successful, and you are now logged in. This website uses cookies to improve your experience while you navigate through the website. State v. Roy, 118 N.H. 2 (1978); State v. Manoly, 110 N.H. 434 (1974). (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. (4) The bailiff will collect the anonymous questions and deliver them to the judge. Take Exit 9, Warner, Route 103. The court shall read the indictment or complaint to the defendant or state to the defendant the substance of the charge. (b) Interpretation. (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. It is within the court's discretion to permit jurors to take notes. The indictments allege he retained a stolen vehicle worth more than $1,500, shoved K.M. to the ground and robbed her of $200, and in fleeing in the vehicle from Manchester police, crashed into a parked vehicle and then a tree while K.M. was a passenger in the vehicle. (b) Official court reporters, court monitors and other persons employed or engaged by the court to make the official record of any court proceeding may record such proceeding by video and/or audio means without compliance with the notice provisions of section (a) of this rule. The proceeding shall be non-adversarial. (E) The defendant understands and waives the statutory and constitutional rights as set forth in the Acknowledgement and Waiver of Rights form. Sullivan County, NH | Official Website Property Information - parcel #, lot #, taxes, liens, zoning ordinances, etc. 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. Start your subscription for just $5 for 3 months Subscribe. 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. Edward Bryans, 59, of Mountain Drive, in Marlborough, was indicted for reckless conduct with a deadly weapon. Dylan AJ Beaton, 31, of Sherwood Drive, Litchfield, 12 counts of nonconsensual dissemination of private images. (1) State's counsel or the foreperson of the grand jury shall swear and examine witnesses. If part of an offense is committed in one county, and part in another, the offense may be prosecuted in either county. (9) Sanctions for Failure to Comply. (2) Burden of Proof. 1984). The reckless conduct charge accuses him of setting a car on fire near a residential building. Complaint, Arrest Warrant, Arrest, Summons and Release Prior to Arraignment, Rule 4. Take Interstate 89 North to Exit 9, Warner, Route 103. Indictments 041522dauphinais-indictments.pdf All Content Contributors Frequently Requested Case Dauphinais Fri, 04/15/2022 - 12:00 Portable Document Format (.pdf) . (C) Not later than ten calendar days before the final pretrial conference or, in the case of a pretrial evidentiary hearing, not less than two calendar days prior to such hearing, the defendant shall provide the State with a list of the names of the witnesses the defendant anticipates calling at the trial or hearing. The Sullivan County Grand Jury indicted Jason LaPlante, 21, of Claremont, with knowingly engaging in the strangulation of another on Sept. 25, 2019. Robert Matteson, 29, of 199 Manchester St., witness tampering. 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. (a) Scope. Reamon was additionally indicted for criminal threatening with a deadly weapon on Aug. 27, having placed another in fear of imminent bodily injury by working a slide on a .40 caliber firearm and pointing the firearm at the victims head. (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. Paragraph (d) does not provide for cases of multiple defendants, thus leaving intact the traditional practice in New Hampshire of allowing each defendant the full number of challenges provided by the law. (17) The Sentence Review Division will not consider any matter or development subsequent to the imposition of the sentence. Some questions cannot be asked in a court of law because of certain legal principles. 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) At any hearing conducted pursuant to subsections (c) or (d) of this rule, the party or person seeking to prohibit or impose restrictions beyond the terms of this rule on the photographing, recording, or broadcasting of a court proceeding that is open to the public shall bear the burden of demonstrating: (1) that the relief sought advances an overriding public interest that is likely to be prejudiced if the relief is not granted; (2) that the relief sought is no broader than necessary to protect that interest; and (3) that no reasonable less restrictive alternatives are available to protect the interest. News & Announcements Event Calendar Archived Press Releases (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. (f) Sentencing. (4) If a hearing is held, the state shall bear the burden of proving there is probable cause to believe that a felony has been committed and that the person charged has committed it. With respect to subsection (c) of this rule, it is contemplated that such requests will be deemed timely if they are filed enough in advance of the proceeding that the presiding justice has an opportunity to read and consider the request, to orally notify all interested parties of its existence, and to conduct a brief hearing in the event that any interested party objects to the request. (E) Other grounds for continuance may be illness of a defendant, defense attorney, or prosecutor; want of material testimony, documents, or other essential evidence; unavoidable absence of an essential witness; and such other exceptional grounds as the court may deem to be in the interest of justice. Updated Feb 1, 2021; 0; OSSIPEE The following people were indicted recently by a Carroll County Superior Court grand jury: More Courts & Cops. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurred before January 1, 2016 shall be initiated in circuit court. The charge is a Class B felony offense. 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. 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. KINGSPORT A Sullivan County grand jury handed down indictments against several defendants Wednesday. 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. Attorneys must file the application electronically. The Grand Jury does not decide if a person is guilty or innocent. Thereafter, the administrative judge of the circuit court shall rule on the motion. A person sentenced by a circuit court-district division for a class A misdemeanor may, if no appeal for a jury trial in superior court is taken, appeal therefrom to the Supreme Court at the time the sentence is declared or within thirty days after the sentence is declared. 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. Angel Markese Febo, 26, of Grove Street, aggravated DUI. independent daily newspaper serving six counties in Northeastern Vermont and Northern New Hampshire . Share with Us. This rule should be distinguished from Rule 18, which provides for change of venue to insure a fair and impartial trial. (d) If a defendant who is not 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 prior to leaving the courthouse and, if eligible, counsel shall be appointed no later than 24 hours from the date of the request. Police said James Stone called 911 while officers were speaking to his wife at his residence on June 22, 2007, about one violation. (9) Motions to Dismiss; Motions for Mistrial. 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. The Atm company required reimbursement from the store. Upon request of any party, the court shall make sufficient findings and rulings to permit meaningful appellate review. (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. Rule 48 is consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rule 1.6 (Clerks office and judges chambers). (2) Assigned Docketing. (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. (A) Record information must be requested in writing and include the individuals full name and, if available, the individuals date of birth. The prosecution shall present evidence first in its case-in-chief. John Anders is facing three counts of felony sexual assault for the alleged incidents, which happened between 2017 and 2020, according to indictments from the Sullivan County Grand Jury. Hayden, 38, of Claremont was arrested on April 29 at 23 Trinity Street in Claremont for possession of a controlled drug. Lakisha Nicole Johnson, 29, 1001 Union St., Apt. Go to, Photo Gallery of Sullivan House Construction, Prison Rape Elimination Act (PREA) Information. The defendant is entitled to admission to bail as provided by statute. (23) The scope of review of the Sentence Review Division shall be: (A) The excessiveness or leniency of the sentence having regard for the nature of the offense, the protection of the public interest and safety, and the character of the offender; and. (3) Motions to Continue. (i) Withdrawal of Appointed Counsel. Don't knowingly lie about anyone N-4, Kingsport, aggravated burglary, forgery, two counts theft of $500 or less. The Sentence Review Division record log shall be open for public inspection. This category only includes cookies that ensures basic functionalities and security features of the website. All equipment used must operate with minimal noise so as not to disrupt the proceedings. Keep it Clean. He also allegedly pointed a gun at E.L. and K.G. and threatened to shoot them. The administrative judge of the circuit court may specially assign a case to a specific judge. Follow Route 103 West all the way to Newport. Where can I obtain a certified copy of a birth, death, marriage, or divorce certificate? Rule 19 contemplates the transfer of whole cases, or of particular proceedings in cases, even in the absence of a related pending case or proceeding in the county to which transfer is sought. On Feb. 22, 2022 at Bunnys Convenience Store, 947 Elm St., Jokai-Weiss is accused of withdrawing more than $1,500 from an Atm using a stolen debit card. (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 consent of the State is not necessary for the defendant to waive the right to trial by jury. Disclosure of such testimony may be made only in accordance with Supreme Court Rule 52. 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 justice presiding at the pretrial hearing need not be disqualified from presiding at the trial. (1) Violations. Hours: Monday - Friday, 8:00am to 4:00pm Directions From Charlestown: Head North on Route 12 to Claremont. Winds WNW at 10 to 15 mph.. Clear skies. 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. (5) Finding of Probable Cause. (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. 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 probable cause for arrest. See Hazelton Company v. Southwick Construction Company, 105 N.H. 25 (1963). 0. 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. (d) Hearing. One stands available to interpret all on-the-record speech of the witnesses, the judge, and counsel into the defendants language and to interpret the speech of any non-English-speaking witnesses into English. Scattered snow showers during the evening. The document shall remain under seal pending ruling on a timely motion. State v. Bailey, 127 N.H. 416 (1985); State v. Brodowski, 135 N.H. 197, 201 (1991). Where a defendant indicates an inability to pay forthwith, the defendant shall complete a statement of resources, under oath, prior to leaving the courthouse. Mark Vilgrain, 29, of Second Crown Point Road, Barrington, second-degree assault. In addition to the HTO law violation, Jackie D. Clifton Jr., 37, 2108 New Beason Well Road, Kingsport, was indicted on charges of aggravated assault by the use or display of a deadly weapon, felony reckless endangerment, felony evading arrest, violation of the implied consent law, driving under the influence, and DUI sixth offense.