Where can I obtain a certified copy of a birth, death, marriage, or divorce certificate? In cases in which the defense of insanity has been raised and the case has been bifurcated for trial, the defense shall have the right to argue last on the issue of insanity. Tim Dockery, 35, 140 Cleveland St., Gate City, Va., was indicted in a second embezzlement case. Threats of harming another If the court determines that there is probable cause to believe that a charged offense has been committed and the defendant committed it, the court shall hold the defendant to answer for action by the grand jury. The State may be represented by the County Attorney of the county wherein the sentence was imposed or by the Attorney General. 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. (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. (1) State's counsel or the foreperson of the grand jury shall swear and examine witnesses. Upon issuance of a summons, the complaint and summons shall be filed with a court of competent jurisdiction without unreasonable delay but no later than 14 days prior to the date of arraignment. Before and during trial, no attorney, party or witness shall personally or through any agent converse or otherwise communicate with any juror or any member of the venire from which the jury will be selected. The DOC will be conducting at home video visits only until further notice. The court will then determine whether the defendant has the financial ability to pay the assessment. Any answer or objection to a motion must be filed within ten days of filing of the motion. If the defendant is represented by counsel, and if the State and defense notify the court that each is satisfied with the terms of bail, the arraignment may be continued until the probable cause hearing. A final, public, violation hearing before a judge shall be held without unreasonable delay. The charges allege Roberts sexually assaulted the girl, whom he knew,. Bemis told her he would take her down and that she would regret speaking to police about it, according to the indictment. William McKenney, 39, of Main Street, four counts of aggravated felonious sexual assault. (c) Expert Witness. On Jan. 16, 2022, Fox is accused of stabbing D.S. in the arm in an attempt to kill him. At this same time, the State also shall furnish the defendant with the results of New Hampshire criminal record checks for all of the State's trial or hearing witnesses other than those witnesses who are experts or law enforcement officers. The first sentence of paragraph (c) sets forth the appropriate methods of service and is a consistent restatement of RSA 516:5. (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. 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. (a) The appropriate fee must accompany relevant filings. George Rheaume, 41, of Fullam Circle, second-degree assault. (k) Continuity of Counsel in Circuit and Superior Courts. (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. 4 min read. These cookies do not store any personal information. (2) A defendant charged with a class B misdemeanor or violation for which an appearance is mandated may waive arraignment if he or she files with the court prior to the date of arraignment a written waiver signed by the defendant. Non-Members of the New Hampshire Bar, Rule 44. (1) General Rule. Rule 14(b)(1)(A), requiring the state to provide notice that it may seek an extended term of imprisonment under RSA 651:6, derives from current Superior Court Rule 99-A and RSA 651:6(III). A hearing on the motion shall not be permitted except by order of the court. After the prosecution has rested, the defense may present evidence. A subpoena for court hearings, depositions, or trials may be issued by the clerk of any court or any justice as defined by statute. One witness tampering charge accuses Bemis of attempting to have a witness withhold information after she confronted him about sexually assaulting her daughter. On Feb. 17, 2022, he is accused of threatening M.K. with a 9mm Glock handgun. The grand jury handed up 218 indictments. The conspiracy indictment alleges that in Keene, New Hampshire, on and between November 2, 2020, and November 4, 2020, Mr. Guzman, with a purpose that the crime of theft by deception be committed, a crime defined by statute, agreed with Starlyn Lara Pimental and/or one or more unknown coconspirators to commit or cause the commission of the crime Filers shall not combine multiple motions seeking separate and distinct relief into a single filing. Keyser is accused of struggling with them and pulling away causing serious bodily injury to Detective Brian Gillottes left arm. The issuance of a subpoena to an attorney of record is a matter also addressed by the Rules of Professional Conduct. On Nov. 10, 2021, Rheaume allegedly caused serious bodily injury to D.B. who he hit in the back of the head, causing D.B. to fall to the floor, where he continued striking the individual, causing D.B. to have difficulty in memory and focus. For the general rules governing motions in Circuit Court-District Division, see Circuit Court-District Division Rule 1.8. LANCASTER A Coos County grand jury, meeting Sept. 17, returned sixteen indictments against eight individuals. (g) All pleadings and the appearance and withdrawal of counsel shall be signed by the attorney of record or the attorneys associate or by a self-represented party. (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. (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. Russell Dewayne Malone aka David Malone, 39, 1001 Union St., Apt. The court's ruling on the motion shall issue promptly. The charges were included in Cheshire County Superior Court's monthly release of grand jury indictments Friday. (C) The defendant's prior criminal record. Rhoda Whitaker (f) Sentencing. 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. Indictment log as of Jan. 15. Sign up to receive news and updates from this site directly to your desktop. (B) Sentences may also be reviewed following a re-sentencing if the original sentence has been set aside by judicial process other than by the Sentence Review Division. Having been released with bail, Bateman failed to appear before the Sullivan County Superior Court on Sept. 18 as required by the conditions of her release, and her release was in connection with an offense punishable by imprisonment for a term of more than 1 year and less than 15 years. Arraignment shall be conducted in open court. Please feel free to contact our department with the means that best fits your convenience via phone at 603-542-8717. Upon issuance of an order of annulment in superior court, in a case that originated in circuit court-district division, the clerk of the superior court shall transmit a copy of the order of annulment to the circuit court-district division. Perry, 30, of Claremont was arrested on Jan. 3 near 72 Sullivan Street in Claremont for possession of fentanyl, a controlled schedule II drug. Whenever a sentence, or any part thereof, is suspended, the court may thereafter subdivide said suspended sentence into two or more parts, and the defendant may be required to serve any part thereof, with the balance remaining suspended, until further order of the court, and the defendant may be required to serve the sentence in installments or by intermittent incarceration. In any felony case either party may take a discovery deposition of any expert witness who may be called by the other party to testify at trial. A party may seek reduction, suspension or amendment of a sentence as provided by law. (8) The judge shall instruct the jury substantially as follows. The court shall return its verdict within a reasonable time after trial. 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. 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. 22 Main Street The defendants income shall include all income, whether earned or not, from any source, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents and by the amount of defendants anticipated or current obligation to repay the Office of Cost Containment for the cost of appointed counsel. (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. Confidential Documents and Confidential Information, Rule 51. See Rule 29(k)(14)(c). The complaint is a written statement of the essential facts constituting the offense charged. 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. If two or more defendants are to be tried together, the trial shall be before a jury unless all defendants waive the right to a jury trial. She was carrying it in her purse. In felony cases, the sentencing hearing shall be scheduled for a later date unless the court orders otherwise. (3) In capital cases or first degree murder cases, the court shall allow counsel to conduct individual voir dire. From Concord/Manchester:Take Interstate 89 North. (b) Effective Date. Prior to presenting evidence, the prosecution shall make an opening statement. If a document is confidential in its entirety, as defined in subsection (b) of this rule, the party must follow the procedures for filing a confidential document set forth in subdivision (b). Additional names will be assessed $5 per name. (b) Indirect Contempt. The defendant is entitled to admission to bail as provided by statute. Eight individuals were indicted on criminal charges by a Brown County grand jury on Feb. 9. Krystal Boyle, 42, of 365 Bridge Street, two counts of robbery. 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. After a verdict, either party may request a change in bail as provided by law. Logan Pacheco, 24, of Mammoth Road, criminal threatening. Among them was a Kingsport man who was jailed in connection with a New Years Day burglary and robbery of one acquaintance who then allegedly falsely accused another acquaintance of stealing his car. A party is not required by law or rule to give notice of its intent to summon a witness regardless of whether the witness is located in the state. The waiver shall be in writing. (4) Evidence. 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. The grand jury shall receive, prior to performing its duties, instructions relative thereto and shall be sworn in accordance with law. Sentence review is not available for those sentences mandated by statute. (e) Procedure for Seeking Access to a Document or Information Contained in A Document that has been Determined to be Confidential. Conduct 4.5; In re Grand Jury Matters, 751 F.2d 13 (1st Cir. At the time the document is submitted to the court the party must clearly indicate on the document that the document has been redacted or information has been omitted pursuant to Rule 50(c)(4)(A). Invalid password or account does not exist. 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. 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. Be Proactive. Snow this morning will give way to lingering snow showers this afternoon. 11 RULE 5. On Feb. 4, 2022, Kustra is accused of pointing a knife at W.M. and saying, Ill fucking kill you.. Sorry, there are no recent results for popular videos. (2) Motion for Special Assignment. (9) Sanctions for Failure to Comply. Submitting this form below will send a message to your email with a link to change your password. 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. State v. Peters, 133 N.H. 791 (1986). Create a Website Account - Manage notification subscriptions, save form progress and more. The State shall also furnish a copy of the defendants criminal record as soon as reasonably possible. Jose Rodriguez Hernandez, 43, of Spruce Street, first-degree assault, two counts of reckless conduct and criminal threatening. Share with Us. 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. (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. Her previous convictions may include an additional penalty of 3 to 7 years in prison and a $4,000 fine. State v. Farrow, 118 N. H. 296, 307 (1978); State v. Prevost, 105 N.H. 90 (1963). The proceeding shall be non-adversarial. (a) Defense Appeals. (f) Sanctions for Disclosure of Confidential Information. (6) Finding of No Probable Cause. (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. The Courthouse will be on your left in the Opera House Building, across from the Lake Sunapee Bank. (iv) The Chief Justice of the Superior Court. He also is accused of holding a metallic object against J.G.s cheek and saying I have a gun several times. On Feb. 6, 2022 in Bennington, Desmarais was driving a snowmobile while under the influence and was involved in a collision, injuring himself. (3) The court shall make a written finding on the issue of probable cause. DOVER Timothy Gagne, a former Barrington resident, was found guilty Wednesday of 65 charges, including aggravated felonious sexual assault of a teenage girl. If you forget it, you'll be able to recover it using your email address. The complaint shall be filed in Superior Court by the county attorney, attorney general or their designee 48 hours prior to arraignment, for non-incarcerated defendants, and no later than arraignment for incarcerated defendants. On Christmas Eve 2021, Keyser is accused of interfering with detectives trying to arrest/detain him. The motion shall state, with particular clarity, points of law or fact that the court has overlooked or misapprehended and shall contain such argument in support of the motion as the movant desires to present; but the motion shall not exceed ten pages. 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. (6) Motions Seeking Additional Discovery. (b) No answer to a motion for reconsideration or other post-decision relief shall be required unless ordered by the court, but any answer or objection must be filed within ten days of notification of the motion. 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 . 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). If the record does not reflect that a plea is voluntarily and intelligently made, it may be withdrawn as a matter of federal constitutional law. (C) The lawyer notifies the court of the multiple representation and a hearing on the record is promptly held. This is the name that will be displayed next to your photo for comments, blog posts, and more. On June 10, 2021, Perez Baez is accused of striking S.R.C. in the body with brass knuckles. The guardian ad litem shall not be subject to the fine under this rule if, at least ten days prior to the date the report is due, he or she files a motion requesting an extension of time to file the report. accounts, the history behind an article. If you have a subscription, please log in or sign up for an account on our website to continue. The judge is the only person who will see the number. The Courthouse will be on your left in the Opera House Building. (3) If counsel or the State has a bona fide question about the competency of a defendant to stand trial, counsel or the State shall notify the court. Allow up to 24 hours for comment approval. Ah yes, the GOP, the party of professional obstructionists. (c) Service. (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. Notwithstanding the preceding sentence, this rule does not require the defendant to provide the State with copies of or access to statements of the defendant. Sullivan County Grand Jurors indicted Kameron Bomhower, 29, currently in residence at the Sullivan County House of Corrections, with purposely obscuring a surveillance camera in the jail by holding a newspaper over it on Aug. 17. 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. (3) A probable cause hearing shall be scheduled: (A) If an arrest is supported by an affidavit or statement filed under oath that was filed under seal, and the affidavit remains under seal at the time of the request for a probable cause hearing, or. Brymer, 31, of Williamstown, Vermont was arrested on Dec. 7, 2018 for knowingly receiving stolen property. (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. (7) A person who has been granted permission to record, photograph, or broadcast a court proceeding shall not engage in any activity that distracts the participants or impairs the dignity of the proceedings. The Courthouse will be on your right, in the Opera House Building, across from Lake Sunapee Bank. The penalty for this offense is of 3 to 7 years in prison and a $4,000 fine. (1) A defendant charged with a class A misdemeanor or a felony may waive arraignment only if he or she is represented by counsel and files with the court prior to the date of arraignment a written waiver signed by the defendant and his or her counsel. (iii) the substance of an oral statement made by the witness and memorialized or summarized within any notes, reports, or other writings or recordings, except that, in the case of notes personally prepared by the attorney representing the State or the defendant at trial, such notes do not constitute a statement unless they have been adopted or approved by the witness or by a third person who was present when the oral statement memorialized or summarized within the notes was made. Documents which contain such information and which are in the court record shall be kept under seal from public view. Phone: (423) 279-2752. Lord-Hill, 32, of Claremont was arrested on April 16 for resisting arrest. (i) Requirements Relating to Motions Filed in Superior Court. (B) The judge shall have broad discretion in the conduct of the dispositional conference. 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. DOCKET CALL . Don't Threaten. In the event that a self-represented defendant files such petition, the clerk shall forward a copy thereof to the prosecutor and the warden of the state prison. The prosecutor and the warden of the state prison shall have a period of thirty days in which to file a response thereto with copies thereof furnished to petitioner, or petitioner's counsel, if represented.