DOVER Timothy Gagne, a former Barrington resident, was found guilty Wednesday of 65 charges, including aggravated felonious sexual assault of a teenage girl. Any order prohibiting or imposing restrictions beyond the terms of this rule upon the photographing, recording, or broadcasting of a court proceeding that is open to the public shall be supported by particularized findings of fact that demonstrate the necessity of the courts action. Take a right at end of exit ramp onto Route 103 West. The request shall include an express waiver of the defendant's right to a speedy trial as it relates to the motion. 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. (5) Relief from Prejudicial Joinder. Where can I obtain a certified copy of a birth, death, marriage, or divorce certificate. Please purchase a subscription to read our premium content. (5) Protection of Information not Subject to Disclosure. (b) Post Trial. On Dec. 12, 2021, Febo is accused of driving under the influence of intoxicating liquor, with a blood alcohol content in excess of .16, and causing a collision involving serious bodily injury. 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. (B) Prior Sexual Activity of Victim. Counsel should ordinarily be trial counsel below. (f) Probation. Amidon has been previously convicted of theft in twice July 2017. Notifications from this discussion will be disabled. (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. 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. As provided by law, a defendant who has been convicted of a crime capable of being annulled may apply to the court in which the defendant was convicted to annul the conviction. Federal Grand Jury A Indictments Announced- October Acting United States Attorney Clint Johnson today announced the results of the October 2021 Federal Grand Jury A. He also allegedly pointed a gun at E.L. and K.G. and threatened to shoot them. (b) Superior Court. That was the only indictment against Jamie Lynn Whitten, 23, 1717 Maryland Ave., Bristol, Tenn. Other driving-related indictments against Jimmy Ray Lunceford, 35, 2204 Brookside Drive, Kingsport, included failure to yield, driving on a revoked license, and a violation of the financial responsibility law. State v. Farrow, 118 N. H. 296, 307 (1978); State v. Prevost, 105 N.H. 90 (1963). According to the NH Law Library, an indictment is a criminal charge against a person by a Grand Jury. No person who gives a victim impact statement shall be subject to questioning by counsel. or anything. 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. A bail hearing shall be scheduled at the request of the defendant. (2) If a motion to seal the affidavit or statement filed under oath if filed electronically has been filed with the request for a probable cause determination, the court shall rule on the motion to seal when ruling on the issue of probable cause. 3 to 5 inches of snow expected.. 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. So, the choo choo went, Train service would be a big flop as young people today want to travel in their own cars. We hope that you continue to enjoy our free content. The burden of proving that a document or a portion of a document should be confidential rests with the party or person seeking confidentiality. (e) Gerstein Determination. Pleadings and communications furnished in accordance with this rule shall be attached to the email in .PDF file format. 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. Chance of snow 40%. 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. (5) No defendant shall be incarcerated for nonpayment of an assessment or non-performance of community service unless the Court, having conducted an ability-to-pay or ability-to-perform hearing which includes making specific inquiry of the defendant concerning his financial circumstances and his reasons for nonpayment or non-performance, concludes that the defendant willfully failed to pay the assessment or perform community service. We'd love to hear eyewitness 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. James R. Perry Perry, 30, of Claremont was arrested on Jan. 3 near 72 Sullivan Street in Claremont for possession of fentanyl, a controlled schedule II drug. 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. A circuit court-district division complaint charging a class A misdemeanor or felony shall be signed under oath, provided that a complaint filed by a police officer, as defined in RSA 106-L:2, I, for a violation-level offense or a class B misdemeanor shall not require an oath. (2) Pleas. Either party may refer to the contents, recommendations and attachments of the pre-sentence report in any sentence-related hearing, except where the court has ordered otherwise on the motion of a party or sua sponte. PLEASE TURN OFF YOUR CAPS LOCK. A defendant may waive the right to a probable cause hearing. On Feb. 27, 2022, Magie is accused of coercing a woman to perform fellatio after placing a firearm on the bed next to her and grabbing her by the neck and demanding she perform the sex act. (2) A confidential document shall not be included in a pleading if it is neither required for filing nor material to the proceeding. (2) In all cases, the court shall have the responsibility to ensure that each empanelled juror is qualified, fair, and impartial. The Grand Jury does not decide if a person is guilty or innocent. (a) Note-Taking by Jurors. (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 separation of Rule 47 into the two paragraphs gives structural expression to the view that it will sometimes be necessary, when the defendant lacks fluency in English and counsel lacks fluency in the defendants language, to have two interpreters during in-court proceedings. On Sept. 28 and 29, 2020, Finley is accused of sexually assaulting D.M. who was intoxicated and physically helpless to resist him. 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. Necessary cookies are absolutely essential for the website to function properly. Welcome! 11 RULE 5. The purpose of the dispositional conference is to facilitate meaningful discussion and early resolution of cases. (b)Change of Venue. Snow this morning will give way to lingering snow showers this afternoon. In any case where a person arrested for a class A misdemeanor is released with a written summons, the summons shall provide the defendant with written notice that, if he or she is unable to afford counsel, counsel will be appointed prior to the arraignment, if requested, subject to the state's right of reimbursement for expenses related thereto. (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. 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, Sullivan County Superior Court Juror Information. NEWPORT The grand jurors for the State of New Hampshire on June 26, upon their oath, present that: Doxter, 41, of Newport had to report to the Sullivan County House of Corrections for a felony offense of willful concealment, third offense. SULLIVAN COUNTY, NH 19 DAYS AGO The Eagle Times Kendall Taken Into Custody NEWPORT On December 21, 2022, the Newport Police Department arrested Anastasia Kendall as the result of months long investigation leading to a warrant for her arrest. The penalty for this offense is 7 to 15 years in state prison and a $4,000 fine. The record of juror orientation sessions shall be preserved for a period of ten years. (6) Re-Examining and Recalling Witnesses. In any case in which it is lawful for a peace officer to make an arrest for a violation or misdemeanor without a warrant, the officer may instead issue a written summons in hand to the defendant. Notwithstanding subsection (j) of this rule, when counsel appears for a defendant in a criminal case in the circuit court, said appearance shall be deemed to continue upon any appeal or transfer of the same case to the superior court and until the case is finally disposed of in the trial courts. In essence, it is a hearing to determine whether probable cause exists. The court shall return its verdict within a reasonable time after trial. Upon the filing of such a motion, the court may schedule a hearing as expeditiously as possible before the commencement of the proceeding and, if a hearing is scheduled, the court shall provide as much notice of the hearing as is reasonably possible to all interested parties and to the Associated Press, which shall disseminate the notice to its members. (3) Upon request, a grand jury witness shall be given reasonable opportunity to consult with counsel. For this reason there is the possibility that a question you have submitted has been deemed inappropriate by me and will not be asked. (1) The following provisions govern a partys obligations when filing a confidential document as defined in this rule. An indirect criminal contempt shall be prosecuted with notice. (1) The court shall instruct the panel of prospective jurors prior to jury selection as to: (A) The nature and purpose of the selection process. 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. (e) Procedure for Seeking Access to a Document or Information Contained in A Document that has been Determined to be Confidential. This paragraph reflects the states statutory exemption from the requirement of tendering witness fees in advance of trial or hearing. 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. After submission of the case, but before the return of a verdict, a party may reopen evidence after showing good cause, in the discretion of the court. Newport, NH 03773, Clerk: Brendon C. ThurstonPhone: 1-855-212-1234 The charge is a Class A felony offense. The charges involve the molestation and rape of a child over a three-year period beginning when she was 10 years old. Sentencing hearings in violation and misdemeanor cases shall take place immediately following the finding or verdict of guilty unless the court orders otherwise. If the evidence is found to be admissible in advance of trial, it will be admitted at the trial without further hearing as to its admissibility. The court may find the defendant guilty and impose sentence. (C) Before any attorney shall in closing argument read to the jury any excerpt of testimony prepared by the court reporter, the attorney shall furnish opposing counsel with a copy thereof prepared by the reporter. RSA 606:10 governs States appeals. See generally Petition of WMUR Channel 9, 148 N.H. 644 (2002) (decided under prior version of the rule). The defendant shall be called upon to plead to the charge, unless unrepresented by counsel, in which case a plea of not guilty shall be entered on the defendant's behalf. (ATLANTA) -- The Fulton County, Georgia, grand jury investigating efforts by former President Donald Trump and his allies to overturn the results of the 2020 election has recommended to prosecutors that they seek indictments against witnesses who they believe may have lied during their testimony, according to excerpts of the grand jury's report With respect to subsection (c) of this rule, it is contemplated that such requests will be deemed timely if they are filed enough in advance of the proceeding that the presiding justice has an opportunity to read and consider the request, to orally notify all interested parties of its existence, and to conduct a brief hearing in the event that any interested party objects to the request. 22 Main Street In trials involving multiple charges, the number of peremptory challenges shall be the number of challenges allowed for the most serious offense charged. This Sullivan County New Hampshire Most Wanted List posts the top 50-100 fugitive criminals on the run. (5) When application for sentence review is made directly to the Clerk of the Superior Court, the Clerk shall immediately mail a copy of the application to the Secretary of the Sentence Review Division, along with notice of the date such application was filed with the Clerk. (3) Upon request, a grand jury witness shall be given reasonable opportunity to consult with counsel. Be Proactive. Welcome! Have a Question? With regard to the timing of State appeals, the Supreme Court has held that the provisions of Supreme Court Rules 7 through 9 apply to State appeals as well as to defense appeals. The charges were included in Cheshire County Superior Court's monthly release of grand jury indictments Friday. Kitchen, 33, of Claremont was arrested on May 7 for possession of a quantity of pills that contained oxycodone, a schedule II controlled drug. She failed to surrender for service of a sentence at the house of corrections beginning on May 9 as directed by the sentencing order. Madigan, 57, of Brattleboro, Vermont received medical assistance to which he was not entitled between July 1, 2015 and April 30, 2017 in Claremont. Share with Us. 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. Please avoid obscene, vulgar, lewd, 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. 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. The charges are from Nov. 13 and Nov. 19, 2021. (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. 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 judge is the only person who will see the number. In any appeal, the appealing party shall make transcript requests in accordance with New Hampshire Supreme Court Rule 15 and all other applicable rules of the Supreme Court. It is within the discretion of the court to grant a petition for annulment. (3) In capital cases or first degree murder cases, the court shall allow counsel to conduct individual voir dire. The charge is a Class B felony offense. At this time the judge will instruct the jurors on taking notes and, as to the scope of questioning, the procedure to be followed. When opening statements are permitted, the prosecution shall make an opening statement prior to presenting evidence. The charge is a Class B felony offense. (3) Dispositional Conferences. Eight individuals were indicted on criminal charges by a Brown County grand jury on Feb. 9. The court shall read the indictment or complaint to the defendant or state to the defendant the substance of the charge. (2) The clerk's office shall permit attorneys, non-attorney representatives and parties representing themselves who have jury cases scheduled for trial during the term to have an electronic copy of the questionnaires which have been completed by the jurors presently serving. A theft charge was filed against Travis S. Childress, 20, 305 Claymore Drive, after his employer had other area Subway managers posed as customers to get evidence of the alleged criminal activity. News & Announcements Event Calendar Archived Press Releases The DOC will be conducting at home video visits only until further notice. (2) Assigned Docketing. (f) Sentencing. Meeting June 17, the grand jury returned 15 indictments against 9 individuals. From the Seacoast:Take Route 101 West to Manchester. On June 24, 2021, she is accused of being a robbery accomplice to Lorenzo Hicks when she ordered F.V. and H.B. to give up their house keys while Hicks assaulted F.V. and threatened both, according to the indictments. A defendant need not be apprised, however, of all possible collateral consequences of the plea. N-4, Kingsport, aggravated burglary, forgery, two counts theft of $500 or less. (5) Sanctions for Failure to Comply. (2) Such individual has refused or is likely to refuse to testify or provide other information on the basis of the privilege against self-incrimination. 27Navarro County's grand jury returned 58 indictments against 47 people in April. Tim Dockery, 35, 140 Cleveland St., Gate City, Va., was indicted in a second embezzlement case. The Manchester, All they're good for is crippling the country that they claim to love so much, and that they claim the, According to studies by the NHDOT, Commuter Rail would serve as the best supplement to remedy the horrendous daily traffic, "Rail is literally two century old tech" And yet it is still very much used around the world and is. (a) Complaint. 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. CONCORD, NH The following people were indicted recently in Merrimack County Superior Court. Yahaira Olivier, 47, of Spruce Street, criminal threatening, deadly weapon. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Carroll, Coos and Grafton Counties on or after April 1, 2017. During the case-in-chief, the defense may introduce evidence through the prosecution's witnesses. The charges are alleged to have occurred between 1994-2007. (c) The Court may assess reasonable costs, including reasonable counsel fees, against any party whose frivolous or unreasonable conduct makes necessary the filing of or hearing on any motion. (C) All motions to suppress evidence filed in advance of trial shall be in writing and shall specifically set forth all the facts and grounds in separate numbered paragraphs upon which the motions are based. The charge is a Class B felony offense. 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. Court, 106 N.H. 48 (1964). Follow Route 103 West all the way to Newport. 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. The defendant may appeal to the superior court. (2) Appeal for Trial De Novo in the Superior Court. James Albert, 38, of Sullivan Street, receiving stolen property, robbery and reckless conduct. Failure to obey a subpoena without adequate excuse may be
From Charlestown:Head North on Route 12 to Claremont. 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. (E) The defendant understands and waives the statutory and constitutional rights as set forth in the Acknowledgement and Waiver of Rights form. Your e-mail address will be used to confirm your account. Unless prohibited by statute, a person charged with a probation violation shall be entitled to bail. On Feb. 19, 2022, Mateo is accused of striking K.R. in the head with a handgun, causing a laceration. (5) At the bench, the judge and counsel will read the proposed questions. Where do I get information about Criminal History Record Requests? (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. The grand jury shall consist of no fewer than twelve nor more than twenty-three members. 4 min read. A-4. (d) The filing of a motion for reconsideration or other post-decision relief shall not stay any order of the court unless, upon specific written request, the court has ordered such a stay. Keep it Clean. If appointed counsel in a criminal matter must withdraw due to a conflict of interest as defined by Rules 1.7(a), 1.9(a) and (b), and/or 1.10 (a), (b), and (c) of the New Hampshire Rules of Professional Conduct, counsel shall forward a Notice of Withdrawal to the court and substitute counsel shall be appointed forthwith. (i) Requirements Relating to Motions Filed in Superior Court. Momkokpo Amegnra, 30, of Old Suncook Road, Concord, criminal threatening. (1) Any person who seeks access to a document or portion of a document that has been determined to be confidential shall file a motion with the court requesting access to the document in question. Angel Caballery, 32, of Second Street, attempted first-degree assault, first-degree assault and accomplice to robbery. To provide a humane environment that promotes personal growth and rehabilitation for the offender to reduce recidivism. The defendant may cross-examine adverse witnesses, testify and introduce evidence. (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. The Rules of Evidence shall not apply at the hearing. Boykin v. Alabama, 395 U.S. 238 (1969); Richard v. MacAskill, 129 N.H. 405 (1987). In State v. Thompson, 165 N.H. 779 (2013), the New Hampshire Supreme Court clarified the choice between appealing a misdemeanor conviction by seeking a trial de novo and appealing directly to the Supreme Court on an issue of law. (B) The nature of the case to be presented. In any case where release is denied pending appeal, the presiding judge shall provide for the record the reasons for such denial. (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. (11) In those instances where the Sentence Review Division has scheduled a hearing on an application, on his or her own initiative or at the request of the Sentence Review Division, the sentencing judge may provide the Sentence Review Division with a statement of reasons for imposing the sentence under review. The motion must identify the evidence and articulate the permitted purpose for which the proponent intends to offer the evidence and the reasoning that supports the purpose. Failure to raise a ground for recusal shall constitute a waiver as specified herein of the right to request recusal on such ground. 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. Should he choose the de novo jury trial in superior court and again be convicted there, he may of course appeal that conviction to this court. Thompson, 165 N.H. at 788. 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. (c) Special Notice Requirements. Any complaint filed with the court after the filing date has passed shall be summarily dismissed by the court unless good cause is shown. From Claremont:Head East on Route 11/103 ( Washington Street ) passing Walmart, K-Mart, Market Basket. Paragraph (d) derives from RSA 517:14-a. (a)Venue Established. 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. (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. On Dec. 13 Miller was arrested again for the same offense at 131 Mulberry Street in Claremont. The incidences took place between the June 1 and August 8 of this year in Grantham. The initiating charging document filed in superior court for felonies and misdemeanors over which the superior court has jurisdiction. The Supreme Court's review in such cases shall be limited to questions of law. 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.
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