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 . 140 Blountville Bypass. (2) Burden of Proof. The court will then determine whether the defendant has the financial ability to pay the assessment. The verdict shall be unanimous and shall be returned by the jury in open court. On Nov. 3, 2021, Walsh identified himself as Tommy Walsh to Manchester police after he was arrested on two counts of possessing a controlled drug. The Sullivan County Superior Court is located at 22 Main Street, Newport. The parties shall file all motions in limine no less than five calendar days prior to the final pretrial conference. 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. 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. Madigan failed to disclose to the Department of Health and Human Services that his eligibility had changed. Ah yes, the GOP, the party of professional obstructionists. (4) If a motion to seal the affidavit has been filed with the request for a Gerstein determination, the court shall rule on the motion to seal when ruling on the issue of probable cause. 1984). Thank you for signing in! (2) In all cases, the court shall have the responsibility to ensure that each empanelled juror is qualified, fair, and impartial. During the case-in-chief, the defense may introduce evidence through the prosecution's witnesses. The application shall identify: the defendant; the offense charged; the sentence imposed; and the docket number of the case. Everest Benoubader, 24, of 653 Beacon St., second floor, riot and criminal threatening with a deadly weapon. The burden of proving that a document or a portion of a document should be confidential rests with the party or person seeking confidentiality. (iii) The court finds that the subsequently scheduled case should take precedence due to a defendants rights to speedy trial or other constitutional rights. If a defendant refuses to plead or if a court refuses to accept a plea of guilty, the court shall enter a plea of not guilty. (E) Any controversial aspects of the trial likely to invoke bias. Jacob Bourque, 25, of Sylvester Street, reckless conduct and two counts of falsifying physical evidence. Opening statements shall not be argumentative, and except by prior leave of the court, shall be no longer than thirty minutes. Juror orientation sessions shall be open to the public. The prosecution shall present evidence first in its case-in-chief. (B) After notice and within thirty (30) days of imposition of a New Hampshire State Prison sentence by the Superior Court, the State may apply to have the sentence reviewed by the Sentence Review Division. (c) Special Notice Requirements. Unless otherwise prohibited by law, the court may permit a complaint to be amended if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced. Except as otherwise provided by statute or court rule, all pleadings, attachment to pleadings, exhibits submitted at hearings or trials, and other docket entries (hereinafter referred to collectively as documents) shall be available for public inspection. (B) Copies of the application for review of sentence filed by the State shall be forwarded by the Secretary of the Sentence Review Division to the following persons: (iv) The Chief Justice of the Superior Court. (E) The defendant understands and waives the statutory and constitutional rights as set forth in the Acknowledgement and Waiver of Rights form. Beaton is accused of posting online private sexual images of M.V. with the intent to harass, intimidate or threaten M.V.. Except with respect to witnesses or information first disclosed pursuant to paragraph (b)(4), all motions seeking additional discovery, including motions for a bill of particulars and for depositions, shall be filed within sixty calendar days if the case originated in Superior Court, or within forty-five calendar days if the case originated in Circuit Court District Division after the defendant enters a plea of not guilty. (e) Contempt. Low near 25F. (j) Automatic Withdrawal of Court-Appointed Counsel. (3) The following is a non-exhaustive list of the type of information that should ordinarily be treated as confidential information under this rule: (A) information that would compromise the confidentiality of juvenile delinquency, children in need of services, or abuse/neglect, termination of parental rights proceedings, adoption, mental health, grand jury or other court or administrative proceedings that are not open to the public; or, (B) financial information that provides identifying account numbers on specific assets, liabilities, accounts, credit card numbers or Personal Identification Numbers (PINs) of individuals including parties and non-parties; or. 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. The Grand Jury does not decide if a person is guilty or innocent. As you enter Newport , you will go down a hill ( Sunapee Street ) and see Main Street ahead. Upon request, in misdemeanor and violation-level cases, the prosecuting attorney shall furnish the defendant with the following: (A) A copy of records of statements or confessions, signed or unsigned, by the defendant, to any law enforcement officer or agent; (B) A list of any tangible objects, papers, documents or books obtained from or belonging to the defendant; and. The discharge of the defendant shall not preclude the state from instituting a subsequent prosecution for the same offense or another offense. If the opposing party is not satisfied with the redacted version of the statement so provided, the party claiming the right to prevent disclosure of the redacted material shall submit to the court for in camera review a complete copy of the statement at issue as well as the proposed redacted version, along with a memorandum of law detailing the grounds for nondisclosure. We'll assume you're ok with this, but you can opt-out if you wish. (h) It is the responsibility of representatives of media organizations desiring to photograph, record, or broadcast a court proceeding to contact the clerk of court in advance of a proceeding to ascertain if pool coverage will be required. (A) A copy of all statements, written or oral, signed or unsigned, made by the defendant to any law enforcement officer or the officers agent which are intended for use by the State as evidence at trial or at a pretrial evidentiary hearing. Thank you for reading! It is important, however, to note that this rule does not bar a witness from later revealing the substance of the witnesss testimony before a grand jury. State v. Arnault, 114 N.H. 216 (1974); Jewett v. Siegmund, 110 N.H. 203 (1970). Several defendants facing drug charges were also indicted. Upon motion by a party, the court may permit the party to make such showing of good cause, in whole or in part, in the form of an ex parte written submission to be reviewed by the court in camera. She had been released pursuant to a felony punishable by a term of imprisonment of more than a year and less than 15 years. (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. The State may be represented by the County Attorney of the county wherein the sentence was imposed or by the Attorney General. (9) Sanctions for Failure to Comply. Horsfield was also indicted for Aggravated DWI with serious bodily injury, having allegedly driven, or attempted to drive, a motor vehicle on or between July 22 and 23, 2019. Given the strong presumption under New Hampshire law that photographing, recording and/or broadcasting court proceedings that are open to the public is allowable, this subsection is not intended to impose lengthy or onerous advance notice requirements; instead, it recognizes that frequently such requests will be filed only shortly before the proceeding in question is to begin. The Courthouse will be on your left in the Opera House Building. Follow into Newport. Nonetheless, this rule does not preclude any party from filing motions to obtain additional discovery. (3) The court has discretion as to whether to grant applications for admission pro hac vice. (5) Finding of Probable Cause. From Claremont:Head East on Route 11/103 ( Washington Street ) passing Walmart, K-Mart, Market Basket. There shall be no filing fee for such a motion. Necessary cookies are absolutely essential for the website to function properly. (2) At all sentencing hearings the defendant has a right to be represented by retained counsel, and in class A misdemeanor and felony cases, has the right to be represented by appointed counsel if unable to afford counsel. If the court accepts a plea agreement, the sentence imposed by the court shall not violate the terms of the agreement. Winds ENE at 10 to 15 mph. (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. A defendant may waive the right to a probable cause hearing. Indictment log as of Jan. 15. Visiting times are as follows: Units 1, 2 and 3- 07:30am to 9:40pm daily. The Community Corrections Center (CCC) is a 72 bed unit that houses the TRAILS program, which targets offenders with co-occurring substance abuse and mental health disorders, seeks to reduce the number of court-involved adult offenders returning to custody by engaging them in intensive therapeutic case management and transition planning. (1) Case initiated in Circuit Court-District Division. The charge is a Class B felony offense. Perry, 30, of Claremont was arrested on Jan. 3 near 72 Sullivan Street in Claremont for possession of fentanyl, a controlled schedule II drug. See generally Petition of WMUR Channel 9, 148 N.H. 644 (2002) (decided under prior version of the rule). The following procedures apply to arraignments on misdemeanors and violations. Fantasia is accused of placing a Molotov cocktail under J.H.s vehicle at 168 Merrimack St. causing damage in excess of $1,000. In all cases in which a defendant may enter a plea by mail pursuant to RSA 262:44, the defendant may enter a plea by mail in accordance with the procedures provided by RSA 502-A:19-b. (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"). 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. Such notice shall be on a court-approved form. Go to www.securustech.net to enroll in at home video visitation. The court shall hold a probable cause hearing within ten days following the arraignment if the defendant is in custody. See State ex rel McLetchie v. Laconia Dist. Prior to being dismissed, a witness is subject to recall by either party. (1) Deadlines for Filing Plea Agreements. A party may seek reduction, suspension or amendment of a sentence as provided by law. Dockets are current as of 4:00 p.m. the prior day. (i) Withdrawal of Appointed Counsel. On Jan. 2, 2022, he is accused of striking C.C. in the face, breaking a front tooth. Opportunity shall be given to make objections outside of the hearing of the jury. The Community Corrections Center ( CCC) is a 72 bed unit that houses the TRAILS program, which targets offenders with co-occurring substance abuse and mental health disorders, seeks to reduce the number of court-involved adult offenders returning to custody by engaging them in intensive therapeutic case management and transition planning. An indirect criminal contempt shall be prosecuted with notice. (a)Bail Permitted. February 27, 2023. Interpreters for Proceedings in Court, Rule 48. Such withdrawals must be made in the superior court. The third sentence of paragraph (a) derives from N.H. Dept of Corrections v. Butland, 147 N.H. 676, 679 (2002), and is not intended to preclude a party from raising an issue on appeal under the plain error rule set forth in Supreme Court Rule 16-A. If no other charges remain pending in the case after dismissal the court shall vacate all bail orders. (16) The Sentence Review Division will only consider matters that are a part of the record of sentencing. 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. Sullivan County Grand Jurors indicted Danielle Pollari, 41, of Newport, with knowingly having in her possession a set of metallic knuckles on Sept. 21. Stephanie Beard, 24, of Quincy Street, who is charged with second-degree murder in the killing of John Glennon, 71, on May 14, 2022, at the Carpenter Center, was indicted on two counts of possessing fentanyl. It is within the court's discretion to permit jurors to take notes. Be Truthful. 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. On Feb. 4, 2022, Kustra is accused of pointing a knife at W.M. and saying, Ill fucking kill you.. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Hillsborough County on or after September 1, 2017. If prior to or during trial, a party learns of an additional witness whose identity, if known, should have been included in the information required by this rule, the party shall forthwith notify the other party, or counsel, of the existence and identity and address of such additional witness. (b) In the event that the alleged victim or minor witness is nervous, afraid, timid, or otherwise reluctant to testify, the court may allow the use of leading questions during the initial testimony but shall not allow the use of such questions relating to any essential element of the criminal offense. The rule recognizes the current practice whereby applications to summon out-of-state witnesses may be made ex parte. (3) Motions to Continue. A slate of Coos County residents face felony drug charges after grand jury indictments were . Allow up to 24 hours for comment approval. It also is the responsibility of said person to make arrangements with the clerk of court or his or her designee sufficiently in advance of the proceeding so that the set up of any needed equipment in the courtroom, including equipment for pool coverage, can be completed without delaying the proceeding. (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. Clerks Office; Judges Chambers; Communications with the Court, Rule 49. On June 10, 2021, Perez Medina is accused of striking S.R.C. in the body while S.R.C. was on the ground. Rule 17(a) derives from RSA 516:1 through 516:4. Winds light and variable. On Feb. 22, 2022 at Bunnys Convenience Store, 947 Elm St., Jokai-Weiss is accused of withdrawing more than $1,500 from an Atm using a stolen debit card. They took effect in the remaining counties as of the date set forth by Supreme Court Order pursuant to RSA 592-B:2, III. Scattered snow showers during the evening. The court shall inform the defendant of the nature of the charges, the possible penalties, the privilege against self-incrimination, the right to retain counsel, and the right to have an attorney appointed by the court pursuant to Rule 5 if the defendant is unable to afford an attorney. (B) The manner in which the sentence was imposed, including the sufficiency and accuracy of the information before the sentencing court. However, the report shall clearly indicate all such guardians for whom the court has found good cause for the late filing. Upon request by either the State or the defendant, or sua sponte, the court may direct that alternate jurors be chosen. Upon a showing satisfactory to the court that a defendant has failed to pay an assessment ordered by the court, the burden of proof shall be upon the defendant to establish by a preponderance of the evidence that he or she does not have the ability to pay and that he or she has exercised reasonable diligence in pursuing the means to pay. Encouraging and empowering them to take responsibility for their actions. (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 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. (e) No court or justice shall establish notice rules, requirements or procedures that are different than those established by this rule. In first degree murder cases, both the State and the defendant shall be afforded, in addition to challenges for cause, no fewer than fifteen peremptory challenges. (f) Copy of Complaint. (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. Such testimony shall be admissible into evidence at trial in lieu of any other testimony by the child. The appropriate Acknowledgment and Waiver of Rights form shall be read and signed by the defendant, counsel, if any, and the presiding justice. Create a password that only you will remember. Upon request, the court shall permit counsel to present offers of proof in support of the objection or response.