Be Nice. (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). (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. (2) Whenever a party intends to proffer in a criminal proceeding a certificate executed pursuant to RSA 318-B:26-a(II), notice of an intent to proffer that certificate and all reports relating to the analysis in question, including a copy of the certificate, shall be conveyed to the opposing party or parties at least twenty-five days before the proceeding begins. The State may be represented by the County Attorney of the county wherein the sentence was imposed or by the Attorney General. 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 rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Strafford and Cheshire Counties on or after January 1, 2016. (8) Upon indictment or finding of probable cause, the complaint shall be so marked, and the clerk of the Circuit Court shall thereafter send to the clerk of the Superior Court any bail or bond pertaining thereto, along with a copy of such complaint where possible. (E) The defendant understands and waives the statutory and constitutional rights as set forth in the Acknowledgement and Waiver of Rights form. (f) Motions to Quash. She has been convicted in the past of sale of heroin and possession of heroin with intent to sell. When opening statements are permitted, the prosecution shall make an opening statement prior to presenting evidence. Create a password that only you will remember. If the motion is denied, the courts ruling shall be supported by findings of fact with respect to the allegations contained in the motion. In the event of an appeal, the court may review the defendants bail status, at the request of either party. On March 15, 2022, Amegnra is accused of swinging a machete at A.B. and saying, Im going to kill you. Don't Threaten. Except as provided in subsection (f) or (g) of this rule, unless the defendant waives the presence of counsel at the arraignment in writing or on the record, the court shall take no other action at the arraignment aside from (1) advising the defendant of the charges against him or her and entering a pro forma plea of not guilty (or no plea in a felony case if filed in the circuit court) on the defendant's behalf, and (2) informing the defendant that the issue of bail and any other issue requiring an adversary hearing will not be addressed until his or her counsel is present. In Belknap 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 July 1, 2016 shall be initiated in superior court. An application ordinarily should be granted unless the court finds reason to believe that such admission: (A) May be detrimental to the prompt, fair and efficient administration of justice; (B) May be detrimental to legitimate interests of parties to the proceedings other than the client(s) the applicant proposes to represent; (C) One or more of the clients the applicant proposes to represent may be at risk of receiving inadequate representation and cannot adequately appreciate that risk; or. These cookies will be stored in your browser only with your consent. 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). (3) Misdemeanors and Enhanced Violations. The penalty for possession a controlled drug is 3 to 7 years in state prison and a $25,000 fine. Upon request by either the State or the defendant, or sua sponte, the court may direct that alternate jurors be chosen. (C) The State, defendant, and defendants counsel, if any, shall appear at the dispositional conference. (3) No recording, photographing, or broadcasting equipment may be moved into, out of, or within the courtroom while court is in session. Angel Markese Febo, 26, of Grove Street, aggravated DUI. (a) In any superior court case alleging a sex-related offense in which a minor child was a victim, the court shall allow the use of anatomically correct drawings and/or anatomically correct dolls as demonstrative evidence to assist the alleged victim or minor witness in testifying, unless otherwise ordered by the court for good cause shown. An appeal may not be withdrawn after the record of appeal has been sent to the superior court. (4) Evidence. (i) Withdrawal of Appointed Counsel. that is degrading to another person. 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. A-4. Get an email notification whenever someone contributes to the discussion. Chance of snow 40%. Gunnip is also charged with bailjumping, having failed to appear before Sullivan County Superior Court on March 21, which was a condition of his release. Raymond Punturieri, 33, of West Street, two counts of reckless conduct. (5) Sanctions for Failure to Comply. And Malone wasnt the only case involving an arrestee accused of trying to bring drugs into the jail. Such agreement shall list the email address(es) at which counsel agree to be served. 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. 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. Except as is provided in (i) below, no attorney shall be permitted to withdraw an appearance after the case has been assigned for trial or hearing, except upon motion granted by the court for good cause shown, and on such terms as the court may order. According to the NH Law Library, an indictment is a criminal charge against a person by a Grand Jury. (5) The motion to seal shall itself automatically be placed under seal without separate motion in order to facilitate specific arguments about why the party is seeking to maintain the confidentiality of the document or confidential information. Grand jury action has resumed in Sullivan County - Times Herald-Record Sullivan Superior Court Sullivan Superior Court 22 Main Street Newport, NH 03773 Clerk: Brendon C. Thurston Phone: 1-855-212-1234 For callers outside the U.S and Canada the number is 1-603-415-0162. 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. Interpreters for Proceedings in Court, Rule 48. Noah Scanlon, 22, of Sagamore Street, criminal threatening, second-degree assault and criminal restraint. The appropriate Acknowledgment and Waiver of Rights form shall be read and signed by the defendant, counsel, if any, and the presiding justice. Please avoid obscene, vulgar, lewd, (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. Either party may refer to the contents, recommendations and attachments of the pre-sentence report in any sentence-related hearing, except where the court has ordered otherwise on the motion of a party or sua sponte. Additional names will be assessed $5 per name. (2) Assigned Docketing. There is 2-hour parking in front or in the public parking area at the median. The Sullivan County Superior Court is located at 22 Main Street, Newport. If a defendant is charged with two or more related offenses, either party may move for joinder of such charges. The Sulllivan County Grand Jury indicted Tharen Amidon, 37, of Perkinsville, Vermont, with two felony counts of attempting to take retail items from Runnings store in Claremont and exiting the store with said items on Dec. 4, 2018. Eduardo Lages, 34, of Quincy Street, second-degree assault, criminal threatening and felonious possession of a dangerous weapon, a firearm. The grand jury may also consider whether to return an indictment on a felony or misdemeanor. Krystal Campbell, 37, of Market Street, second-degree assault. The idea was incorporated in the Fifth Amendment to the United States Constitution. Local News If the defendant is charged with a felony, the defendant shall not be called upon to plead. The charge is a Class A felony offense. She also is accused of swinging a hard object toward C.L.. The probationer shall: (1) Report to the probation/parole officer at such times and places as directed, comply with the probation/parole officer's instructions, and respond truthfully to all inquiries from the probation/parole officer; (2) Comply with all orders of the court, board of parole or probation/parole officer, including any order for the payment of money; (3) Obtain the probation/parole officer's permission before changing residence or employment or traveling out of state; (4) Notify the probation/parole officer immediately of any arrest, summons or questioning by a law enforcement officer; (5) Diligently seek and maintain lawful employment, notify probationer's employer of probationers legal status, and support dependents to the best of probationers ability; (6) Not receive, possess, control or transport any weapon, explosive or firearm, or simulated weapon, explosive, or firearm; (7) Be of good conduct and obey all laws; (8) Submit to reasonable searches of probationers person, property, and possessions, as requested by the probation/parole officer, and permit the probation/parole officer to visit probationers residence at reasonable times for the purpose of examination and inspection in the enforcement of the conditions of probation or parole; (9) Not associate with any person having a criminal record or with other individuals as directed by the probation/parole officer unless specifically authorized to do so by the probation/parole officer; (10) Not indulge in the illegal use, sale, possession, distribution, or transportation, or be in the presence, of controlled drugs, or use alcoholic beverages to excess; (11) Agree to waive extradition to New Hampshire from any state in the United States or any other place and agree to return to New Hampshire if directed by the probation/parole officer; and. (c) Poll of Jury. Take Interstate 89 North to Exit 9, Warner, Route 103. In essence, RSA 502A:12 limits a defendant to one bite at the apple. (b) Finding by Court. None of the information offered by this site can be used for assessing or evaluating a person's eligibility for employment, housing, insurance, credit, or for any other purpose covered under the Fair Credit Reporting Act. (1) A lawyer shall not represent multiple defendants if such representation would violate the Rules of Professional Conduct. You will pass Lake Sunapee and Mt. 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. 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. 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. On March 10, 2022, he is accused of being in possession of a stolen 2006 Mitsubishi Gallant and engaging in a high-speed pursuit with Manchester police. An opposing party who intends to object to the admission into evidence of a certificate shall give notice of objection within ten days upon receiving the adversary's notice of intent to proffer the certificate. On Sept. 18, 2022, Allen is accused of firing a handgun in Sheehan-Basquil Park, a densely populated area of the city with homes, apartment buildings, and an elementary school and businesses in the area. (3) If a warrant has issued for the defendants failure to appear at arraignment on complaints filed before indictment, or any other pre-indictment hearing in superior court, the indictment deadline in paragraph (2) shall not apply. 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. Objections to pending motions and affirmative motions for relief shall not be combined in one filing. On Feb. 4, 2022, Kustra is accused of pointing a knife at W.M. and saying, Ill fucking kill you.. In a separate case, Malone was also indicted on a criminal impersonation charge. 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. (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. Once established, movement of such equipment within the courtroom is prohibited without the express prior approval of the presiding justice. (a) Non-Jury Cases. Don't knowingly lie about anyone Prior to imposition of an extended term of imprisonment, the court shall hold a hearing to determine if the jury or the court has made the necessary factual findings. In the event that the case is brought in a superior court which uses a system of assigned docketing, the clerk shall assign the case to a particular judge. The defense may provide a brief written statement of the factual background to the personnel performing the evaluation. The court shall allow reasonable time prior to a proceeding for the set up of such equipment. (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. The parties shall file all motions in limine no less than five calendar days prior to the final pretrial conference. Such withdrawals must be made in the superior court. (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. (3) Motions in Limine. 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. (a) By Agreement. Rule 42 is 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). Trial shall be before a jury of twelve persons unless the defendant, on the record, waives this right. The New Hampshire Supreme Court has held that once a videotaped trial deposition has been taken under RSA 517:13-a, it is not per se admissible at trial; rather, the court must make a specific finding at the time of trial that the deponent continues to be unavailable to testify for Confrontation Clause purposes. We hope that you enjoy our free content. 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. Those cases that are of a complex nature, or are potentially of prolonged duration, may be assigned to a specific judge by the chief justice of the superior court sua sponte, or upon a motion for special assignment filed by any party. 140 Blountville Bypass. The application shall state, and the parties shall be orally notified, that: (A) the parties have a statutory right to a review of the sentence; and. 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. Whenever any document is received by the court and time-stamped as received, or the receipt is entered on the courts database, the earlier of the two shall be accepted as the filing date. 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. If by reason of death or serious disability the judge before whom a jury trial has commenced is unable to proceed with the trial or post-verdict duties, another judge may perform those duties. Start your subscription for just $5 for 3 months Subscribe. Between Nov 8-10, 2007, Dockery allegedly refunded nearly $9,500 worth of cigarette purchases to himself and pocketed $1,332 from a bank deposit made on behalf of the Double Kwik Market at 817 Lynn Garden Drive. (3) Rebuttal Evidence. Waiver of indictment is not permitted for offenses punishable by death. (1) The following provisions govern a partys obligations when filing a document containing confidential information as defined in this rule. (a) The appropriate fee must accompany relevant filings. When a misdemeanor conviction is appealed to superior court, the charging document is the complaint that was filed in the circuit court-district division. Conduct 4.5; In re Grand Jury Matters, 751 F.2d 13 (1st Cir. Enter rotary and stay to the left. 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. 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. This page provides information about Court Dockets and Calendars resources in New Hampshire.Links are grouped by those that cover courts statewide, for multiple counties, and then by individual county. 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. (a) Lawyers shall stand when addressing the court or examining a witness. After being dismissed, a witness may be recalled with the courts permission. This rule shall not apply to ex parte pleadings and shall not require a party to provide duplicate copies of documents already in another partys possession. 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. Apr. 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.