To conduct ourselves in a professional manner and treat all offenders with respect, offering them the opportunity to better themselves through programming, education and counseling. When the complaint charges a felony, a summons may not be issued. (C) shall be signed by the defendant or counsel and verified by a separate affidavit of the defendant or such other person having knowledge of the facts upon which the affidavit is based. The protection order was taken out by his wife, Kristi Stone. The charge is a Class B felony offense. Russell Dewayne Malone aka David Malone, 39, 1001 Union St., Apt. Names, addresses, New Hampshire Bar Association member identification numbers, and telephone numbers shall be typed or stamped beneath all signatures on papers to be filed or served. (1) A lawyer shall not represent multiple defendants if such representation would violate the Rules of Professional Conduct. Untimely-Filed Guardian ad Litem Reports, Rule 50. Motions to dismiss or for a mistrial shall be made on the record outside the hearing of the jury. If the evidence is found to be inadmissible, it will not be admitted at the trial and the prosecution shall not refer to such evidence at any time thereafter. You have permission to edit this article. 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. A hearing on the motion shall not be permitted except by order of the court. (1) The state may present proof by way of sworn affidavit or by oral testimony. (iv) Unusual circumstances causing the respective courts to agree that an order of precedence other than the above shall take place. The grand jury handed up 239 indictments. An agreement may be filed with the court by stipulation. The motion shall set forth the reason for appealing and the cause of the delay. On June 10, 2021, Perez Medina is accused of striking S.R.C. in the body while S.R.C. was on the ground. Kitchen, 33, of Claremont was arrested on May 7 for possession of a quantity of pills that contained oxycodone, a schedule II controlled drug. (C) The lawyer notifies the court of the multiple representation and a hearing on the record is promptly held. These rules are adopted by the Supreme Court of New Hampshire pursuant to the authority established in Part II, Article 73-A of the New Hampshire Constitution. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. 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. We will never seek personal favors or advantage in the performance of our duties. (a)Bail Permitted. Except during periods when an audio or video recording is being played, all proceedings involving the judge giving preliminary instructions and taking and responding to juror questions shall be conducted on the record. In any case in which there exists the possibility that the court may sua sponte impose an extended term, notice must be given by the trial judge prior to the commencement of the trial. Jacob McCann, 18, of Pine St., criminal threatening. They took effect in the remaining counties as of the date set forth by Supreme Court Order pursuant to RSA 592-B:2, III. The defendants assets shall include all real and personal property owned in any manner by the defendant, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law. (a) Whenever a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide information in a proceeding before, or ancillary to, a Circuit Court-District Division or Superior Court or a Grand Jury, a prosecutor may, with the prior written approval of the Attorney General or County Attorney for the jurisdiction where offenses are alleged to have occurred, request an order from the court requiring such individual to give testimony or provide other information that the individual refuses to give or provide on the basis of the privilege against self-incrimination, when in the judgment of the Attorney General or County Attorney: (1) The testimony or other information from such individual may be necessary to the public interest; and. 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. (2) Court's Rejection of Negotiated Plea. The contemnor must be given an opportunity to speak and present a defense. Mar. Any person or entity not otherwise entitled to access may file a motion or petition to gain access to any sealed or confidential court record. In addition to giving any parties in interest an opportunity to object, the purpose of the notice requirement is to allow the presiding justice to ensure that the photographing, recording, or broadcasting will not be disruptive to the proceedings and will not be conducted in such a manner or using such equipment as to violate the provisions of this rule. 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. (b) Information from the Defense. (c) Expert Witness. (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. Also among them were: Reagan Crawford, 38, of 555 Canal St., attempted murder and two counts of second-degree assault. Before accepting a plea of guilty or, with the consent of the court, a plea of nolo contendere, to any misdemeanor, or to a violation that requires the defendant to appear for arraignment and that carries a statutorily enhanced penalty upon a subsequent conviction, the court shall personally address the defendant and determine on the record that: (A) There is a factual basis for the plea; (B) The defendant understands the crime charged and the factual basis of that charge; (C) The defendants plea is knowing, intelligent and voluntary; (D) The defendants plea is not the result of any unlawful force, threats or promises; and. (7) Waiver. Motions to dismiss or for a mistrial shall be made on the record. Get the paper in your inbox! Paragraphs (a) through (c) of Rule 16 derive from RSA 517:13-a, I through III. Non-Members of the New Hampshire Bar, Rule 44. (d) Burden of Proof. Please log in, or sign up for a new account to continue reading. The court will then determine whether the defendant has the financial ability to pay the assessment. A person charged with a probation violation is entitled to counsel and the appointment of counsel if deemed eligible at all stages of the proceeding. (iii) an unredacted version of the document clearly marked as confidential. While driving on the John Stark Highway in Newport, Horsfield allegedly caused a collision resulting in serious bodily injury to another person. Eduardo Lages, 34, of Quincy Street, second-degree assault, criminal threatening and felonious possession of a dangerous weapon, a firearm. (3) Violation of this rule may be treated as contempt of court. (3) Notice to Defendant. State v. Tebetts, 54 N.H. 240 (1874). Upon the filing of a misdemeanor appeal in superior court, a hearing notice consistent with these rules shall be issued. All grounds for recusal that are known or should reasonably be known prior to trial or hearing shall be incorporated in a written motion for recusal and filed promptly with the court. SULLIVAN COUNTY, NH 19 DAYS AGO The Eagle Times Kendall Taken Into Custody NEWPORT On December 21, 2022, the Newport Police Department arrested Anastasia Kendall as the result of months long investigation leading to a warrant for her arrest. 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. (C) The defendant's prior criminal record. Do not put your name on the question, but do put your seat number on the back of the paper, and do not discuss your questions with fellow jurors. No racism, sexism or any sort of -ism Court approval of a withdrawal shall not be required in this circumstance unless the Notice of Withdrawal is filed less than twenty days from the date of a trial, in which case court approval shall be required. (a) Superior Court Complaint. Leonardo Phillips, 27, of 199 Manchester St., criminal threatening. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Carroll, Coos and Grafton Counties on or after April 1, 2017. (3) In capital cases or first degree murder cases, the court shall allow counsel to conduct individual voir dire. In all criminal cases, the appearance of counsel for the defendant shall be deemed to be withdrawn thirty days after sentence is imposed unless the sentence imposed was a deferred sentence or unless a post-sentencing motion is filed within said thirty-day period. Contemporaneously with the furnishing of such witness list, the defendant shall provide the State with all statements of witnesses the defendant anticipates calling at the trial or hearing. KINGSPORT A Sullivan County grand jury handed down indictments against several defendants Wednesday. It is within the court's discretion to permit jurors to take notes. On March 11, 2022 in Manchester, Perez is accused of putting his hand on Officer Stephen Irwins holster. Sullivan County Superior Court Juror Information LOCATION OF COURT The Sullivan County Superior Court is located at 22 Main Street, Newport. Plain error that affects substantial rights may be considered even though it was not brought to the court's attention. What is a Grand Jury Indictment? Use the 'Report' link on The defendant is entitled to admission to bail as provided by statute. Create a Website Account - Manage notification subscriptions, save form progress and more. Examination and cross-examination of the child shall proceed in the same manner as permitted at trial. The Courthouse will be on your right, in the Opera House Building, across from Lake Sunapee Bank. (2) There is reason to believe the life or safety of the witness is endangered because of the witnesss willingness or ability to testify, and the testimony expected from the witness is material to the prosecution of the case. If the presiding justice has determined that pool coverage will be required, it is the sole responsibility of such media representatives, with assistance as needed from the clerk or his or her designee, to determine which media organization will provide the coverage feed. The court shall inform the defendant of the nature of the charges, the possible penalties, the privilege against self-incrimination, the right to retain counsel, and the right to have an attorney appointed by the court pursuant to Rule 5 if the defendant is unable to afford an attorney. (d) In cases where the defendant is not detained, arraignment may be continued without the personal appearance of the defendant or the entry of an appearance by counsel upon timely motion made in writing if the court is satisfied with the terms of bail. Edward Bryans, 59, of Mountain Drive, in Marlborough, was indicted for reckless conduct with a deadly weapon. The burden of proving that a document or a portion of a document should be confidential rests with the party or person seeking confidentiality. (C) Information for which a party can establish a specific and substantial interest in maintaining confidentiality that outweighs the strong presumption in favor of public access to court records. 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. The penalty for each offense, according to New Hampshire law, is listed below, but none of the offenders have yet been sentenced. (21) The decision of the Sentence Review Division is final. In any case in which it is lawful for a peace officer to make an arrest for a violation or misdemeanor without a warrant, the officer may instead issue a written summons in hand to the defendant. (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. 613. 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. Only the attorney examining or cross-examining a witness may raise objections or respond to objections regarding that witness. Have a Question? (B) the Sentence Review Division may increase, decrease, modify or affirm any sentence entered by the Superior Court. No party in a criminal case shall take the discovery deposition of a victim or witness who has not achieved the age of sixteen years at the time of the deposition. (1) The court shall instruct the panel of prospective jurors prior to jury selection as to: (A) The nature and purpose of the selection process. The document shall remain under seal pending ruling on a timely motion. A fee of $20 per name will be assessed for up to 5 names. 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. See Apprendi v. New Jersey, 530 U.S. 466 (2000); State v. Russell, 159 N.H. 475 (2009). 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 parties, within 30 days of the notice date, are permitted to respond with their position. Hayden had less than half an ounce of cocaine, LSD, oxycodone, and some buprenorphine and was accused of intending to sell it in concert with Steve Kitchen. She failed to surrender for service of a sentence at the house of corrections beginning on May 9 as directed by the sentencing order. 4 min read. Nothing herein shall prevent a defendant charged with a class A misdemeanor or felony and who is unable to afford counsel from requesting counsel at any time after arrest by completing a Request for a lawyer form and submitting it to the court having jurisdiction over the matter. Martin, 37, of Newport is a convicted sexual offender (victim under 16 years of age) in the state of Vermont. On Feb. 28, 2022, Pacheco is accused of pointing a firearm at A.B.. On Feb. 18, 2022, Jackson is accused of firing a gun, striking a building at 96 Notre Dame Ave. Joan Josif Jokai-Weiss, 61, of Hanover, Germany, theft by deception. A request for a hearing shall not be unreasonably denied. 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. Copyright (c) 2022 Manchester Ink Link. (e) Contempt. Three cases involved men whose alleged offenses included a violation of the Habitual Traffic Offender Law. These rules shall be construed to provide for the just determination of every criminal proceeding. Only the attorney examining or cross-examining a witness may raise objections or respond to objections regarding that witness. Any such increase in bail or conditions of bail shall be without prejudice to the defendant's right to a further bail hearing, with counsel present, as specified in subsections (d) or (e) of this rule. (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. At all sentencing hearings on probation violations, the defendant has the right to present witnesses and evidence, and to testify with regard to the sentence to be imposed. (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. The court shall hold a probable cause hearing within ten days following the arraignment if the defendant is in custody. He was arrested June 26, 2007, after police allegedly found him in possession of a crack pipe. If I determine that the question or questions may be properly asked of the witness pursuant to the law, I will ask the question of the witness myself. 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 . Filers shall not combine multiple motions seeking separate and distinct relief into a single filing. Lord-Hill, 32, of Claremont was arrested on April 16 for resisting arrest. Opening statements shall not be argumentative, and except by prior leave of the court, shall be no longer than thirty minutes. The court may elect to make one public copy of an exhibit available in the clerks office. A circuit court-district division complaint charging a class A misdemeanor or felony shall be signed under oath, provided that a complaint filed by a police officer, as defined in RSA 106-L:2, I, for a violation-level offense or a class B misdemeanor shall not require an oath. A probable cause hearing shall be scheduled in accordance with this rule in any case which is beyond the trial jurisdiction of the circuit court-district division and in which the defendant has not been indicted. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or other objects designated therein at the time and place specified therein. For purposes of this paragraph, a motion which seeks to exclude the introduction of evidence on the ground that the manner in which such evidence was obtained was in violation of the constitution or laws of this state or any other jurisdiction shall be treated as a motion to suppress and not a motion in limine. However, a courts power to suspend a rule may be limited by the state or federal constitution, state statutes or common law. The State shall present evidence on each matter before the grand jury. (4) If twelve or more grand jurors find probable cause that a felony or misdemeanor was committed, the grand jury should return an indictment. 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. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Belknap County on or after July 1, 2016. The court shall inform the defendant of the right to a probable cause hearing that will be conducted pursuant to Rule 6. 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. Updated Feb 1, 2021; 0; OSSIPEE The following people were indicted recently by a Carroll County Superior Court grand jury: More Courts & Cops. (D) The court finds by clear and convincing evidence that the potential for conflict is very slight. 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. Hughes-Mabrys other indictments included possession of over one-half gram of cocaine for sale or delivery within 1,000 feet of a school and driving on a suspended license. 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. (1) Opening Statements. The waiver shall be in writing. (1) A defendant may challenge probable cause during the period from arrest to indictment by motion requesting a probable cause hearing under the following conditions: (A) A complaint has been filed in superior court; (B) The defendant has not been indicted by the grand jury; and. Only one attorney shall argue for each party except by leave of the court. Rule 47(b) addresses the fact that a party requiring interpretation services will often need an interpreter to facilitate in-court and out-of-court attorney-client conversations, when the attorney is not fluent in the clients language. If the defendant is financially eligible, the court shall inform counsel immediately of the appointment (1) by telephone, facsimile or electronically if the defendant is detained or (2) by telephone, electronically or by first-class mail if the defendant is not detained. 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. (7) Continuing Duty to Disclose. (ATLANTA) -- The Fulton County, Georgia, grand jury investigating efforts by former President Donald Trump and his allies to overturn the results of the 2020 election has recommended to prosecutors that they seek indictments against witnesses who they believe may have lied during their testimony, according to excerpts of the grand jury's report She has been convicted in the past of sale of heroin and possession of heroin with intent to sell.
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