The party who called the witness will proceed first. Winds light and variable. Laramee Pleads Guilty: Pleads Guilty to 4 Charges of Aggravated Felonious SA, New Man at the Helm: Kevin Brown Named General Manager of the Eagle Times, Send-Off for a Star: Local Musician Evelyn Cormier to Perform at Remix, 'I'm Ready for Some Help': GMUSD School Board Hears Evidence of Racial Bias, GMUSD Reverses Decision: Board Reinstates Chieftain Name After Citizen Petition, Welcome to the Eagle: The Eagle Times Welcomes Sydney McAllister to the Staff, Getting to Know the Candidates: Windsor Holds Forum for Selectboard Candidates, Community Speaks on Budget: $1M Reinstated by 41-27 Vote at Deliberative Session. State v. Arnault, 114 N.H. 216 (1974); Jewett v. Siegmund, 110 N.H. 203 (1970). The number of peremptory challenges allotted to both the State and the defendant for selection of alternate jurors shall be in accordance with the following schedule: 4-6 alternates -- 2 peremptory challenges. The notice shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, and shall state the essential facts constituting the criminal contempt charged. The party shall also provide access to all statements, reports or other materials that the proponent of Rule 404(b) evidence will rely on to prove the commission of such other crimes, wrongs or acts. All proceedings relating to the examination of prospective jurors shall be recorded and should be conducted in the presence of counsel, or the defendant, if self-represented. The charge is a Class B felony offense. If the court permits note-taking, after the opening statements the court will supply each juror with a pen and notebook to be kept in the juror's possession in the court and jury rooms, and to be collected and held by the bailiff during any recess in which the jurors may leave the courthouse and during arguments and charge. 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. Furnishing Information Regarding Competency and Sanity Evaluations, New Hampshire Rules of Criminal Procedure, SCOPE, INTERPRETATION, ADOPTION AND EFFECTIVE DATE, ARRAIGNMENT, PLEAS AND PRETRIAL PROCEEDINGS, SENTENCING AND POST-SENTENCING PROCEDURES, RULES APPLICABLE IN ALL CRIMINAL PROCEEDINGS. A hearing on the motion shall not be permitted except by order of the court. (A) Extended Term Sentences. The court shall hold a hearing on the petition to annul if requested by the petitioner. Upon request, the court shall permit counsel to present offers of proof in support of the objection or response. We strive to provide accurate information, however, Courtreference.com is not an official source of information for any court or court clerk. RSA 516:3 provides in pertinent part that any justice may issue writs for witnesses in any pending New Hampshire case. K-1. (1) The following provisions govern a partys obligations when filing a document containing confidential information as defined in this rule. The grand jury handed up 218 indictments. (e) Gerstein Determination. Scattered snow showers during the evening. All revenue from the electronic case filing surcharge shall be deposited into the general fund to partly offset capital fund expenditures for the NH e-Court project. Your purchase was successful, and you are now logged in. Inmates are required to do ninety days of in-house programming; which includes classes on alcohol and substance abuse, cognitive problem solving, anger management, GED preparation, wellness, re-entry, job preparation, restorative justice and other various topics, while living in the CCC. 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. In the event that the court determines that the document or information contained in the document is confidential, the order shall include findings of fact and rulings of law that support the decision of nondisclosure. The burden of proving that a document or a portion of a document should be confidential rests with the party or person seeking confidentiality. The incident also earned Beattie another Class B felony charge, of reckless conduct with a deadly weapon, in that he allegedly discharged a firearm in a residential neighborhood. Rule 17(a) derives from RSA 516:1 through 516:4. View Superior Court daily dockets by county. (D) The applicant has engaged in such frequent appearances as to constitute common practice in this state. A direct criminal contempt may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the presence of the judge. On March 4, 2022, he is accused of pointing a knife at M.R., an intimate partner, and telling her she was going to die before police arrived. We won't share it with anyone else. (3) Rebuttal Evidence. (1) Trial. That order did prohibit Hodgkins from operating a motor vehicle on the road ways of New Hampshire. On April 19, 2022, Crawford is accused of choking "C.C.", an intimate partner, by wrapping his arm around her neck and applying pressure. Robert Matteson, 29, of 199 Manchester St., witness tampering. When a new panel of prospective jurors is first summoned for service the panel shall be given preliminary instructions regarding the terms and conditions of jury service, the role of the jury in the justice system, and the legal principles applicable to the cases the jurors may hear. Please purchase a subscription to read our premium content. Any complaint filed with the court after the filing date has passed shall be summarily dismissed by the court unless good cause is shown. In a proceeding under this rule, if the contempt charged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial or hearing except with the defendant's consent. (B) It is the responsibility of the filing party to ensure that confidential information is omitted or redacted from a document before the document is filed. We will never seek personal favors or advantage in the performance of our duties. There is 2-hour parking in front or in the public parking area at the median. The court shall read the indictment or complaint to the defendant or state to the defendant the substance of the charge. independent daily newspaper serving six counties in Northeastern Vermont and Northern New Hampshire . The court shall hold a probable cause hearing within ten days following the arraignment if the defendant is in custody. On Jan. 16, 2022 in Goffstown, King is accused of confining R.P., by punching her and pointing a gun at her head and pulling the trigger, exposing her to the risk of serious bodily injury. (b) Joinder of Defendants. 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. The superior court will dismiss without prejudice and vacate bail orders in all cases in which an indictment has not been returned ninety days after the matter is bound over, unless, prior to that time, the prosecution files a motion seeking an extension of time and explaining why the extension is necessary. Eduardo Lages, 34, of Quincy Street, second-degree assault, criminal threatening and felonious possession of a dangerous weapon, a firearm. (2) Motion for Special Assignment. 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. Thereafter, the chief justice shall rule on the motion. (4) Acknowledgment and Waiver of Rights Forms. 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. (B) If a hearing is held in advance of trial, neither the prosecution nor the defendant shall be entitled to a further hearing by the court on the same issue at the trial. CLERK OF THE COURT Tommy R. Kerns . She had been released pursuant to a felony punishable by a term of imprisonment of more than a year and less than 15 years. If a defendant fails to appear as required by the summons, a warrant may be issued. High around 35F. Notifications from this discussion will be disabled. Also among them were: Reagan Crawford, 38, of 555 Canal St., attempted murder and two counts of second-degree assault. (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. Laramee Pleads Guilty: Pleads Guilty to 4 Charges of Aggravated Felonious SA, New Man at the Helm: Kevin Brown Named General Manager of the Eagle Times, Send-Off for a Star: Local Musician Evelyn Cormier to Perform at Remix, 'I'm Ready for Some Help': GMUSD School Board Hears Evidence of Racial Bias, GMUSD Reverses Decision: Board Reinstates Chieftain Name After Citizen Petition, Welcome to the Eagle: The Eagle Times Welcomes Sydney McAllister to the Staff, Getting to Know the Candidates: Windsor Holds Forum for Selectboard Candidates, Community Speaks on Budget: $1M Reinstated by 41-27 Vote at Deliberative Session. Where a post-sentencing motion is filed within thirty days after imposition of sentence, the appearance of counsel for the defendant shall be deemed to be withdrawn thirty days after the court rules on said motion. (A) Only one attorney shall argue for each party, except by leave of the court. The disposition, when imposed, shall also be entered on a separately numbered State v. (The Contemnor) file. Dockets are current as of 4:00 p.m. the prior day. (a) Non-attorneys. 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). A party seeking special assignment shall file a motion setting forth the grounds justifying the request and shall state whether or not counsel of record join in or object to the motion. 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). In essence, RSA 502A:12 limits a defendant to one bite at the apple. (3) Notice to Defendant. In spite of recognizing the Sgt. Special Procedures in Superior Court Regarding Sex-Related Offenses Against Children, Rule 46. Amidon has been previously convicted of theft in twice July 2017. Anfernee King, 23, of Dubuque Street, second-degree assault, criminal restraint, criminal threatening and being a felon in possession of a dangerous weapon, a Ruger pistol. 3 to 5 inches of snow expected.. (ii) The court finds the subsequently scheduled case should take precedence due to the rights of a victim under RSA 632-A:9. (E) The defendant understands and waives the statutory and constitutional rights as set forth in the Acknowledgement and Waiver of Rights form. 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. Days later, Kristi Stone called police to say her husband tried to run her off the road. Please log in, or sign up for a new account to continue reading. Take a right at end of exit ramp onto Route 103 West. On April 17, 2022, he is accused of striking D.L. in the head with a blunt object, causing serious bodily injury. The bailiff will collect the questions, and I will then consider whether they are permitted under our rules of evidence and are relevant to the subject matter of the witness' testimony. (b)Bail Denied. If you were summoned for December 19, 2022 your additional reporting dates are here. (I) Comply with designated house arrest provisions. William McKenney, 39, of Main Street, four counts of aggravated felonious sexual assault. punishable by contempt of court. 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. The prosecutor shall be responsible for informing the victim or next of kin of the right to so address the court. So, the choo choo went, Train service would be a big flop as young people today want to travel in their own cars. Thank you for signing in! While driving on the John Stark Highway in Newport, Horsfield allegedly caused a collision resulting in serious bodily injury to another person. The court shall review the pre-sentence report and afford the defendant and the State a reasonable opportunity to challenge, rebut or correct factual material contained within the report that might bear on the sentence. Barry was released on her own recognizance on July 8, 2019. (2) Court's Rejection of Negotiated Plea. Chance of snow 100%. The discharge of the defendant shall not preclude the State from instituting a subsequent prosecution for the same offense or another offense. (17) The Sentence Review Division will not consider any matter or development subsequent to the imposition of the sentence. The indictment states that on April 14, Hale caused serious bodily harm to a person under 13, in discharging a firearm through the ceiling of a residence, resulting in a bullet striking 3 year old child and causing serious bodily injury. Every hour of verified community service shall be applied against a fine at the rate of $15.00 an hour. Chance of snow 40%. Beattie allegedly discharged a firearm in close proximity to another person in an attempt to place that person in fear of imminent bodily injury. Every offense shall be prosecuted in the county or judicial district in which it was committed. If so, the applicant shall specify the nature of the allegations; the name of the authority bringing such proceedings; the caption of the proceedings, the date filed, and what findings were made and what action was taken in connection with those proceedings; (E) Whether any formal, written disciplinary proceeding has ever been brought against the applicant by any disciplinary authority in any other jurisdiction within the last five years and, as to each such proceeding: the nature of the allegations; the name of the person or authority bringing such proceedings; the date the proceedings were initiated and finally concluded; the style of the proceedings; and the findings made and actions taken in connection with those proceedings; (F) Whether the applicant has been formally held in contempt or otherwise sanctioned by any court in a written order in the last five years for disobedience to its rules or orders, and, if so: the nature of the allegations; the name of the court before which such proceedings were conducted; the date of the contempt order or sanction, the caption of the proceedings, and the substance of the court's rulings (a copy of the written order or transcript of the oral rulings shall be attached to the application); and. The contemnor must be given an opportunity to speak and present a defense. Local News (1) The court shall make a written finding on the issue of probable cause. 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. At the hearing, the accused may cross-examine witnesses and present evidence. Rule 14(b)(1)(A) reflects the developments in this area of the law. At the request of the party filing the pleading, the court shall forward a copy of the pleading to the party or counsel specified in the request. (h) By signing a pleading, an attorney certifies that the attorney has read the pleading, that to the best of the attorneys knowledge, information and belief there is a good ground to support it, and that it is not interposed for delay. 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. (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. Indictments 041522dauphinais-indictments.pdf All Content Contributors Frequently Requested Case Dauphinais Fri, 04/15/2022 - 12:00 Portable Document Format (.pdf) . Mark Vilgrain, 29, of Second Crown Point Road, Barrington, second-degree assault. (2) The grand jurys role is to diligently inquire into possible criminal conduct. (a) General. Then partly to mostly cloudy overnight. Frank Owusu, 39, of Pine Street in Manchester on first-degree assault, second-degree. (2) A motion to seal a confidential document or a document containing confidential information shall state the authority for the confidentiality, i.e., the statute, case law, administrative order or court rule providing for confidentiality, or the privacy interest or circumstance that requires confidentiality. Sorry, there are no recent results for popular videos. Before a plea of chargeable is accepted, the court shall address the defendant and determine on the record that: (1) There is a factual basis for the plea to the violation; (2) The defendant understands the violation charged and the factual basis of it; (3) The defendants plea is knowing, intelligent and voluntary; (4) The defendants plea is not the result of any unlawful force, threats or promises; and that. (b) An attorney may not participate as an advocate in a trial in which the attorney has testified, unless permitted to do so by the Rules of Professional Conduct. (6) Motions Seeking Additional Discovery. Boykin v. Alabama, 395 U.S. 238 (1969); Richard v. MacAskill, 129 N.H. 405 (1987). At the time of her arrest Miller had been released on bail by the Littleton District Court. For a plea to be knowing, intelligent, and voluntary, the defendant must understand the essential elements of the crime to which a guilty plea is being entered. (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. A preliminary hearing, conducted by the department of corrections, shall be held within seventy-two hours of the time of arrest, excluding weekends and holidays, pursuant to RSA 504-A:5. The rules establish a uniform system of procedure for the circuit court-district division and superior courts, except as otherwise specifically provided. 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. One witness tampering charge accuses Bemis of attempting to have a witness withhold information after she confronted him about sexually assaulting her daughter. (c) Electronic Case Filing Surcharge $20.00. Candidates Declared major candidates. Some clouds this morning will give way to generally sunny skies for the afternoon. The Grand Jury indicted Jami Mulhern, 43, of Claremont, with possession of heroin on June 28, a Class B felony. Additionally, on October 3, 2018, a federal grand jury . The indictment alleges that Katrina Zahr 27, of Miller Pond Road had sexual penetration with a 14 year old male member of her house hold. Not less than forty-five days prior to the scheduled trial date, any defendant who intends to offer evidence of specific prior sexual activity of the victim with a person other than the defendant shall file a motion setting forth with specificity the reasons that due process requires the introduction of such evidence and that the probative value thereof to the defendant outweighs the prejudicial effect on the victim. 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. He also is accused of holding a metallic object against J.G.s cheek and saying I have a gun several times. Jaquith was indicted in Salem Superior Court . (H) Statistical information concerning the sentences imposed for the same crime committed by other individuals in the State of New Hampshire. 4 min read. Unlike felony cases, misdemeanor offenses need not undergo the grand jury process. (A) Record information must be requested in writing and include the individuals full name and, if available, the individuals date of birth. See RSA 594:14. The defense may open immediately after the prosecutions opening statement or after the prosecution has concluded its case-in-chief and before presenting defense evidence. The charge is a Class B felony offense. On June 10, 2021, Perez Baez is accused of striking S.R.C. in the body with brass knuckles. Noah Scanlon, 22, of Sagamore Street, criminal threatening, second-degree assault and criminal restraint. (1) At the defendant's first appearance before the court, the court shall inform the defendant of his or her ability to obtain discovery from the State. 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. The same penalties as above once again apply. (E) Evidence of conduct or statements made during the dispositional conference about the facts and/or merits of the case is not admissible as evidence at a hearing or trial. Attorneys must file the application electronically. 2018, both of the Guzmn-Lpez brothers were indicted by a Federal Grand Jury in the District of Columbia and charged with one count of 21 USC Sections 959(a), 960 and 963 (conspiracy to distribute more . Paragraphs (c) and (e) extend this principle to cases in which counsel has been appointed for the defendant or in which a defendant demonstrates an inability to pay the fees and mileage allowed by law. Before the arraignment hearing, the attorney shall file a written statement signed by the defendant certifying that the defendant has reviewed a copy of the indictment or complaint. 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. (3) Dispositional Conferences. These rules shall be construed to provide for the just determination of every criminal proceeding. 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. You have permission to edit this article. No person who gives a victim impact statement shall be subject to questioning by counsel. Any complaint filed with the court after the filing date has passed shall be summarily dismissed by the court unless good cause is shown. The Should none of the three members request a hearing, the Secretary shall issue a notice to the persons set out in Sentence Review Division Rule 8 that the sentence is affirmed without hearing. The idea was incorporated in the Fifth Amendment to the United States Constitution. 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. Any motion to withdraw filed by counsel shall set forth the reasons for the motion but shall be effective only upon approval of the court. 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. (d) Hearing. These rules apply to all proceedings in which a person is charged as an adult with an offense, whether a crime, such as a felony or a misdemeanor, or a violation. (k) Unless otherwise ordered by the presiding justice, the following standing orders shall apply to all recording, photographing or broadcasting of proceedings within any courtroom: (1) No flash or other artificial lighting devices shall be used. As provided in New Hampshire Rule of Evidence 1101(d)(3), the Rules of Evidence do not apply at the hearing. Upon a verdict or finding of guilt, the court shall enter an order fixing the punishment. The court has the discretion to correct an illegal or illegally imposed sentence as provided by law.
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