(e) For the purpose of compliance with any time deadlines or statutes of limitation, the terms filing and entry shall have the same meaning and shall be used interchangeably. (f) In computing any period of time prescribed or allowed by these rules, by order of court, or by applicable law, the day of the act, event, or default after which the designated period of time begins to run shall not be included. 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. The court will then determine whether the defendant has the financial ability to pay the assessment. 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. Visiting times are as follows: Units 1, 2 and 3- 07:30am to 9:40pm daily. The Sullivan County Grand Jury indicted Megan Horsfield, 39, of Croydon, with knowingly possessing a controlled drug, specifically alpha-PHP, also known as bath salts, on or between July 22 and July 23, 2019. We'd love to hear eyewitness Be Nice. (B) If a court determines discovery should not be provided in accordance with the timelines set forth in RSA 592-B:6, II and the defendant has not been indicted. Under this statute, a justice of the peace may issue a subpoena for witnesses, even if the justice is an attorney for one of the parties. The Atm company required reimbursement from the store. Use the 'Report' link on The court shall also tell the defendant that there is no obligation to make a statement and that any statement may be used against the defendant. 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. (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. (b) Whenever the court communicates on the record to the witness an order issued under paragraph (a), the witness may not refuse to comply with the order on the basis of the privilege against self-incrimination. The court also shall provide reasonable advance notice to the defendant of the following: (a) that, as a result of the hearing, the defendant may be immediately incarcerated if the court finds that the defendant has willfully failed to comply with the courts prior order(s) to pay an assessment or perform community service; (b) that the issues at the hearing will be whether the defendant has the ability to pay the assessment or perform the community service previously ordered and has willfully failed to do so; that the defendant has the burden of proof with respect to these issues; and that the defendant should be prepared at the hearing to provide testimony and answer questions, present witnesses, and furnish documentation or other information bearing on the issues of his financial circumstances and ability to pay the assessment or perform the community service. 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. Scattered snow showers during the evening. There is 2-hour parking in front or in the public parking area at the median. (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. Your purchase was successful, and you are now logged in. (3) A party filing a confidential document must also file a separate motion to seal pursuant to subdivision (d) of this rule. James Perry, 31, of Claremont, was indicted for a Class B felony offense, bail jumping, for failing to appear in court as agreed. (e) The guardian ad litem appointed under this rule shall be compensated at the same hourly rate and shall be subject to the same case maximums as set forth for defense counsel in misdemeanor cases under the provisions of Supreme Court Rule 47. 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. The charge is a Class B felony offense. 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. The circuit court shall use its best efforts to schedule a single arraignment day each week for defendants who are not incarcerated. Such persons shall be entitled to a bail hearing at that time. The penalty for this offense is 7 to 15 years in state prison and a $50,000 fine. 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. (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. The reckless conduct charge accuses him of setting a car on fire near a residential building. An offense that is punishable by a term of imprisonment exceeding one year may be prosecuted by a complaint with a waiver of indictment. Any person who is arrested on a warrant issued pursuant to an indictment or complaint and who is not released on bail set by a bail commissioner shall be taken before the superior court without unnecessary delay. (7) After all the chosen questions are answered, each counsel will have an opportunity to re-examine the witness. (3) No recording, photographing, or broadcasting equipment may be moved into, out of, or within the courtroom while court is in session. Note: The electronic case filing surcharge is not an entry fee subject to the escrow fund for court facility improvements or the judicial branch information technology fund. (b) Upon the violation of any rule of court, the court may take such action as justice may require. Evidently not. The court has the discretion to correct an illegal or illegally imposed sentence as provided by law. (g) Conditional Discharge. At its option in such a case, the defense may open immediately thereafter or after the prosecution has concluded its case-in-chief and before presenting defense evidence. (2) Trial will proceed in the normal fashion until questioning of the first witness has been completed by both counsel. It is extremely important that you understand that the rejection of a question because it is not within the rules of evidence, or because it is not relevant to the witness' testimony, is no reflection upon you. Grounds for recusal that first become apparent at the time of or during the hearing shall be immediately brought to the attention of the judge. At no time, however, shall an attorney, party or any person acting for either of them ask questions of or make comments to a juror that are calculated to harass or embarrass the juror or to influence the jurors actions in future jury service. (a) Scope. The order of contempt shall recite the adjudication and sentence and shall be signed by the judge and entered of record. The value of the services was greater than $1,000. See generally Petition of WMUR Channel 9, 148 N.H. 644 (2002) (decided under prior version of the rule). Pleadings and communications furnished in accordance with this rule shall be attached to the email in .PDF file format. There shall be no filing fee for such a motion. Start your subscription for just $5 for 3 months Subscribe. (d) Subpoena for Out-of-State Witnesses. 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. (3) Dispositional Conferences. See October 17, 2016 felonies first implementation order at http://www.courts.state.nh.us/supreme/orders/10-17-16-Order.pdf, and are now in effect in all counties. If the plea is negotiated, the defendant shall have the right to withdraw the plea of chargeable and go to hearing if the court intends to exceed the sentence agreed to by the parties. Lakisha Nicole Johnson, 29, 1001 Union St., Apt. The clerk shall, within 7 days, issue an order of notice directed to the appropriate parties. Follow Route 103 West all the way to Newport. Kayla Sullivan. If the defendant elects to be examined, the defendant shall be sworn, but it shall always be a sufficient answer that the defendant declines to answer the question; and if at any time the defendant declines to answer further, the examination shall cease. Take a right at end of exit ramp onto Route 103 West. Fantasia is accused of placing a Molotov cocktail under J.H.s vehicle at 168 Merrimack St. causing damage in excess of $1,000. 3, criminal threatening. The attorney shall be afforded an opportunity to be heard prior to the start of trial. (E) The defendant understands and waives the statutory and constitutional rights as set forth in the Acknowledgement and Waiver of Rights form. The issuance of a subpoena to an attorney of record is a matter also addressed by the Rules of Professional Conduct. (d) Burden of Proof. (1) Fines, restitution or penalty assessments (hereinafter collectively referred to as assessments) imposed by the court shall be due and payable on the date the sentence is imposed. Latisha Jackson, 31, of Mountain Laurel Way, two counts of reckless conduct and one charge of criminal mischief. Such action may include, without limitation, the imposition of monetary sanctions against either counsel or a party, which may include fines to be paid to the court, and reasonable attorney's fees and costs to be paid to the opposing party. A notary may issue a subpoena for depositions only. If you have any questions, contact the Information Center at 1-855-212-1234. Among those indicted was Monte Wayne Wisecup, 34, of Vanceburg, KY on charges of involuntary manslaughter (first-degree felony), trafficking in a fentanyl-related compound (fifth-degree felony . (2) Scheduling. (4) An order shall be issued setting forth the courts ruling on the motion, which shall be made public. He was also indicted on charges of possessing fentanyl and cocaine base. Conduct 4.5; In re Grand Jury Matters, 751 F.2d 13 (1st Cir. (10) Reopening Evidence. Candidates Declared major candidates. The notice must articulate the permitted purpose for which the proponent intends to offer the evidence and the reasoning that supports the purpose. (A) Record information must be requested in writing and include the individuals full name and, if available, the individuals date of birth. If none of the confidential information is required or material to the proceeding, the party should file only the version of the document from which the omissions or redactions have been made. Get an email notification whenever someone contributes to the discussion. (5) Relief from Prejudicial Joinder. The complaint is a written statement of the essential facts constituting the offense charged. (3) The court shall make a written finding on the issue of probable cause. Contemporaneously with the furnishing of such witness list and to the extent not already provided pursuant to paragraph (b)(1) of this rule, the State shall provide the defendant with all statements of witnesses the State anticipates calling at the trial or hearing. Create a password that only you will remember. (1) (A) After notice and within thirty (30) days of imposition of a New Hampshire State Prison sentence by the Superior Court, the defendant may apply to have his or her sentence reviewed by the Sentence Review Division. (a) By Agreement. In all other cases, voir dire shall be conducted as set forth in RSA 500-A:12-a. Paragraph (d) derives from RSA 517:14-a. Failure to object shall not, in and of itself, be grounds for granting a motion. Rule (b)(6) restates the traditional rule of grand jury secrecy. An attorney shall not post bail or assume any bail obligations in a case in which the attorney is counsel of record. The Courthouse will be on your left in the Opera House Building. 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. On Feb. 1, 2022, Phillips allegedly threatened R.M. when he motioned towards a knife sticking out of his pocket and said, Tell me what to do and the knife goes in your chest.. (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. Have a Question? A bail hearing, at which the defendant's counsel is present, shall be held within 24 hours of a written or oral request for same made by the defendant's counsel, weekends and holidays excluded. Perry was released on Aug. 22 with condition to appear in Sullivan County Superior Court on Sept. 9 and Sept. 12, which he did not do. On Dec. 13 Miller was arrested again for the same offense at 131 Mulberry Street in Claremont. (h) Subdivision of Suspended Sentences. Logan Pacheco, 24, of Mammoth Road, criminal threatening. In determining the necessity, the court shall consider the complexity of the issues involved, other opportunities or information available to discover the information sought by the deposition, and any other special or exceptional circumstances that may exist. Kyle F. Bisson, 34, of Pleasant Street, in Laconia, was indicted on two counts of aggravated DWI in connection with an accident in August 2020 in Laconia in which he was seriously injured. No photographs of jurors or prospective jurors shall be allowed. Your account has been registered, and you are now logged in. Matters not to be considered include: (C) Institutional disciplinary actions pending or taken against the defendant; (18) If a hearing is scheduled, the defendant shall have the right to appear in person or by videoconference and to be represented by counsel. The value of the services was greater than $1,000. A subpoena for court hearings, depositions, or trials may be issued by the clerk of any court or any justice as defined by statute. Deadline for Criminal Appeals to the Supreme Court, Rule 37. The Sullivan County Superior Court is located at 22 Main Street, Newport. 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. Privacy Policy Careers Contact Us NH Legislative Branch NH Executive Branch NH.gov (d) Witnesses Under Sixteen Years of Age. (4) If twelve or more grand jurors find probable cause that a felony or misdemeanor was committed, the grand jury should return an indictment. Unless prohibited by statute, a person charged with a probation violation shall be entitled to bail. State v. Doolittle, 58 N.H. 92 (1877). At the time of her arrest Miller had been released on bail by the Littleton District Court. (C) The defendant's prior criminal record. (3) Rebuttal Evidence. Redirect examination shall be limited to topics covered on cross-examination except for good cause shown. He also is accused of hiding the gun he fired and throwing a sweatshirt he wore in the trash before fleeing the scene. The parties may request sequestration of the witnesses. The Grand Jury indicted Howe for allegedly driving a motor vehicle on Sept. 1 on Washington Street despite having been declared a habitual offender by the Director of the Division of Motor Vehicles. Only the attorney examining or cross-examining a witness may raise objections or respond to objections regarding that witness. The penalty for possession a controlled drug is 3 to 7 years in state prison and a $25,000 fine and an additional 3 to 7 years for committing the above offense while on bail. If the person filing the motion to unseal cannot provide actual notice of the motion to all interested parties and persons, then the moving person shall demonstrate that he or she exhausted reasonable efforts to provide such notice. (a) Except as otherwise provided by this rule or by other provisions of law, any person, whether or not a member of an established media organization, shall be permitted to photograph, record, and broadcast all court proceedings that are open to the public, provided that such person provides advance notice to the presiding justice in accordance with section (c) of this rule that he or she intends to do so. In addition, the court for good cause may raise the issue on its own. At second set of lights take a left. Where a defendant indicates an inability to pay forthwith, the defendant shall complete a statement of resources, under oath, prior to leaving the courthouse. The court shall read the indictment or complaint to the defendant or state to the defendant the substance of the charge. 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). (a) Defense Appeals. This rule does not apply to petitions for habeas corpus. On Nov. 27, 2021, he is accused of using superior physical force to rape a woman who told him, No. If the cost does not exceed $500 in superior court proceedings, no motion is required. (D) Upon request of any party, the court shall make sufficient findings and rulings to permit meaningful appellate review. The probable cause hearing shall not be held if the defendant is notified before the hearing of an indictment on the charge that would have been the subject of the hearing or if the clerk of the Circuit Court receives reliable information that the defendant has been indicted on the charge which would have been the subject of the hearing. The defendant shall be provided with a copy of the complaint. A plea of guilty or nolo contendere to a violation may be accepted by the court without formal hearing unless the violation carries a statutorily enhanced penalty upon a subsequent conviction subjecting the defendant to incarceration. Only one attorney shall argue for each party except by leave of the court. Kamon Seace, 28, of S. Main Street, Franklin, riot. A hearing on the motion shall not be permitted except by order of the court. (e) Motion to Set Aside Verdict. A summons shall be in the form required by statute. Don't Threaten. According to the NH Law Library, an indictment is a criminal charge against a person by a Grand Jury. Amidon has been previously convicted of theft in twice July 2017. or anything. (H) Statistical information concerning the sentences imposed for the same crime committed by other individuals in the State of New Hampshire. (i) not less than 60 days prior to jury selection, a party seeking to offer evidence of other crimes, wrongs, or acts pursuant to Rule of Evidence 404(b), must provide the other party written notice of its intent to offer such evidence. There is 2-hour parking in front or in the public parking area at the median. Trial by the Court or Jury; Right to Appeal, Rule 23. Marty Dean Jacobs, 48, 231 Whispering Woods Drive, Bluff City, aggravated assault, reckless endangerment. PETIT JURY DATES The order shall include the duration that the confidential document or document containing confidential information shall remain under seal. On March 2, 2022, he placed STS, age 59, in danger of serious bodily injury when he fired a .22 Smith & Wesson revolver in proximity to her home. A community service plan approved under this paragraph shall take into account the defendants circumstances including but not limited to age, disability, health, employment, and access to child-care and transportation. Counsel will be given the opportunity to make objections on the record to any proposed question after which the judge will decide if they are appropriate and whether, under the circumstances of the case, the judge will exercise discretion to permit the questions. (5) If the court determines that the document or information contained in the document is not confidential, the court shall not make the record public for 10 days from the date of the clerks notice of the decision in order to give any party or person with standing aggrieved by the decision time to file a motion to reconsider or appeal to the supreme court. that is degrading to another person. (b) Information from the Defense. Where can I obtain a certified copy of a birth, death, marriage, or divorce certificate? MANCHESTER, NH - A homeless man, living in the city, faces the possibility of life in prison after being indicted for selling a drug to a person who then died of an overdose.. Michael Fleet, 36, was indicted by a Hillsborough County Superior Court Northern District grand jury on charges of sale of a controlled drug resulting in death; sale of fentanyl; falsifying physical evidence; being a . (B) Copies of all police reports; statements of witnesses; and to the extent the State is in possession of such materials, results or reports of physical or mental examinations, scientific tests or experiments, or any other reports or statements of experts, as well as a summary of each expert's qualifications, with the exception of drug testing results from the New Hampshire State Forensic Laboratory, which shall be provided within ten court days from the date of indictment, or such other date as may be authorized in the dispositional conference order. James Albert, 38, of Sullivan Street, receiving stolen property, robbery and reckless conduct. (6) Interviews within the courtroom are not permitted before or after a proceeding. (g) Scope of Depositions. (14) (A) Review may be sought for any state prison sentence resulting from a finding of guilty following trial, or as a result of entering a plea of guilty, or a finding of guilty following a plea of nolo contendere, where there is no agreement between the State and the defendant limiting the sentence to less than the maximum which could be imposed under the law (a so-called "naked plea"). (c) No lawyer shall be compelled to testify in any case in which the lawyer represents a party unless the lawyer has been notified in writing at least thirty days in advance of trial in superior court and at least five days in advance of trial in circuit court-district division. - Manage notification subscriptions, save form progress and more. State v. Thornton, 140 N.H. 532, 537 (1995). (c) Copy of complaint. (2) Case initiated in Superior Court. For rules governing motions to continue in Circuit Court-District Division, see Circuit Court-District Division Rule 1.8-A. (c) Unless otherwise ordered by the court for good cause shown, no victim or witness whose testimony is taken pursuant to this section shall be required to appear or testify at trial. Evidence of a conviction under this rule will not be admissible unless there is introduced a certified record of the judgment of conviction indicating that the party or witness was represented by counsel at the time of the conviction unless counsel was waived. 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. One would assume New Hampshire lawmakers to be a common sense group. Within ten days after the receipt of such notice of alibi from the defendant, the prosecution shall furnish the defendant, or counsel, in writing with a list of the names and addresses of the witnesses upon whom the prosecution intends to rely to establish the defendant's presence at the scene of the alleged offense. Kevin Desmarais, 29, of Forest Road, Hancock, aggravated DUI with collision and serious injury. 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. (5) At the bench, the judge and counsel will read the proposed questions. PLEASE TURN OFF YOUR CAPS LOCK. On Jan 31, 2022, Brodeur is accused of threatening M.H. and F.D. with a BB gun. The motion shall set forth the reason for appealing and the cause of the delay. Thereafter, the chief justice shall rule on the motion. Use the 'Report' link on All equipment used must operate with minimal noise so as not to disrupt the proceedings.