sullivan county nh grand jury indictments

Every offense shall be prosecuted in the county or judicial district in which it was committed. If no other charges remain pending in the case after dismissal the court shall vacate all bail orders. 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. (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. The email header shall include the caption of the case and its docket number. On Jan. 16, 2022, Fox is accused of stabbing D.S. in the arm in an attempt to kill him. A Coos County grand jury has indicted Ryan Gingras-Jodrie, 24, of Groton, Mass., with reckless conduct. The summons shall also provide the person with written notice of the process for obtaining court-appointed counsel. Upon request of any party, the court shall make sufficient findings and rulings to permit meaningful appellate review. 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. 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. Only the attorney examining or cross-examining a witness may raise objections or respond to objections regarding that witness. Objections to pending motions and affirmative motions for relief shall not be combined in one filing. 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. Don't knowingly lie about anyone Pollari was also indicted for being a principal/accomplice in the crime of forgery, having, in concert with another, written herself a check in the amount of $500 dated Jan. 28, 2019, and presented said check to the teller at Claremont Savings Bank. Where can I obtain a certified copy of a birth, death, marriage, or divorce certificate? 2018 NHAC Conference Workshop & Forum Handouts. Before accepting a plea of guilty or, with the consent of the court, a plea of nolo contendere, to any felony, misdemeanor, or violation that carries a statutorily enhanced penalty upon a subsequent conviction, the court shall personally address the defendant and determine on the record that: (3) Acknowledgment and Waiver of Rights Forms. 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. The rule reflects the constitutional requirement that the trial court affirmatively inquire, on the record, into the defendant's volition in entering the plea. Among those indicted were: Adam R. Allen, 40, of 64-A Union St., reckless conduct, deadly weapon. The court shall make such order thereon as justice may require. The Courthouse will be on your right, in the Opera House Building, across from Lake Sunapee Bank. The consent of the State is not necessary for the defendant to waive the right to trial by jury. Any complaint filed with the court after the filing date has passed shall be summarily dismissed by the court unless good cause is shown. She. If a court finds that a fair and impartial trial cannot be had in a county or judicial district in which the offense was committed, it may, upon the motion of the defendant, transfer the case to another county or judicial district where a fair and impartial trial may be had. Thank you for reading! Failure to obey a subpoena without adequate excuse may be With respect to the double jeopardy implications of contempt prosecutions, see State v. Goodnow, 140 N.H. 38 (1995). The indictments allege he retained a stolen vehicle worth more than $1,500, shoved K.M. to the ground and robbed her of $200, and in fleeing in the vehicle from Manchester police, crashed into a parked vehicle and then a tree while K.M. was a passenger in the vehicle. One would assume New Hampshire lawmakers to be a common sense group. If a record of the proceedings is not available, the trial judge shall make a record of the request, the court's findings, and its order. Disclosure of such testimony may be made only in accordance with Supreme Court Rule 52. If submitted, such statement shall be furnished to the parties prior to the date of any hearing before the Sentence Review Division. The defendant is entitled to admission to bail as provided by statute. Any answer or objection to a motion must be filed within ten days of filing of the motion. Jeremy Burdick was a law enforcement officer, Lord-Hill climbed a fence and ran despite verbal commands to the contrary from Burdick. When a person is arrested with a warrant, the complaint, and the return form documenting the arrest shall be filed in a court of competent jurisdiction without unreasonable delay. (b) Jury Cases. The rules are subject to suspension by the court when the interest of justice so requires. No motion seeking discovery of any of the materials required to be disclosed by paragraphs (b)(1), (b)(2) or (b)(4) of this rule shall be accepted for filing by the clerk of court unless said motion contains a specific recitation of: (A) the particular discovery materials sought by the motion; (B) the efforts which the movant has made to obtain said materials from the opposing party without the need for filing a motion; and (C) the reasons, if any, given by the opposing party for refusing to provide such materials. (1) Opening Statements. Where can I obtain a certified copy of a birth, death, marriage, or divorce certificate. 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. 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. At the hearing, the accused may cross-examine witnesses and present evidence. (a) Scope. 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. If you were summoned for December 5, 2022 your additional reporting dates are here. (f) Copy of Complaint. If a subpoena duces tecum is to be served on the deponent, the notice to the adverse party must be served before service of the subpoena, and the materials designated for production, as set out in the subpoena, must be listed in the notice or in an attachment. Hughes-Mabrys other indictments included possession of over one-half gram of cocaine for sale or delivery within 1,000 feet of a school and driving on a suspended license. A confidential document means a document that is confidential in its entirety because it contains confidential information and there is no practicable means of filing a redacted version of the document. RSA 606:10 governs States appeals. Don't Threaten. A motion to set aside a jury verdict or a non-jury verdict announced on the record in open court shall be filed within ten days after its rendition, and a motion to set aside any other verdict or decree shall be filed within ten days from the date on the clerks written notice with respect to same, which shall be mailed by the clerk on the date of the notice. If two or more defendants are charged with related offenses as defined in Rule 20(a)(1), the court may order joinder of the trials of the defendants so long as joinder does not violate the constitutional rights or otherwise unduly prejudice any of the defendants. He also is accused of choking the woman and pushing her head and face into a pillow, impeding her breathing. CLERK OF THE COURT Tommy R. Kerns . (a) Information from the State. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Merrimack County or or after January 1, 2017. On March 10, 2022, he is accused of being in possession of a stolen 2006 Mitsubishi Gallant and engaging in a high-speed pursuit with Manchester police. All objections to the charge shall be taken on the record before the jury retires. The deadline for filing all pretrial motions other than discovery related motions, including but not limited to motions for joinder or severance of offenses, motions to dismiss, motions to suppress evidence, Daubert motions, and other motions relating to the admissibility of evidence that would require a substantial pretrial hearing, shall be sixty days after entry of a plea of not guilty or fifteen days after the dispositional conference, whichever is later. The notice of alibi shall be signed by the defendant and shall state the specific place where the defendant claims to have been at the time of the alleged offense, and the names and addresses of the witnesses upon whom the defendant intends to rely to establish such alibi. (b) Upon the violation of any rule of court, the court may take such action as justice may require. (b) Filing a Document Which Is Confidential In Its Entirety. (8) In any case where the court is considering the issuance of an order of commitment for willful nonpayment of an assessment, it may also consider whether an order of periodic payments is appropriate under the circumstances as well as the appropriateness of the options set forth in paragraph (3) above. Courts and parties should note that RSA 596-A:3 requires the court to caution a defendant about the right to counsel and the right to remain silent. Local residents faces charges of theft, drugs, criminal mischief, and insurance fraud in the February round of felony indictments handed up by a grand jury at Grafton Superior Court. (H) In addition, unless this requirement is waived by the court, the verified application shall contain the name, address, telephone number and bar number of an active member in good standing of the Bar of this State who will be associated with the applicant and present at any trial or hearing. The motion shall set forth the grounds justifying the request and shall state whether or not counsel of record join in or object to the motion. Holmes was running stationary radar in Dummer on the Dummer Pond Road, which is open to cars and trucks as well as OHRVs. When opening statements are permitted, the prosecution shall make an opening statement prior to presenting evidence. (4) An applicant for permission to appear pro hac vice shall pay a nonrefundable fee; provided that not more than one application fee may be required per non-member attorney for consolidated or related matters regardless of how many applications are made in the consolidated or related proceedings by the non-member attorney; and further provided that the requirement of an application fee may be waived to permit pro bono representation of an indigent client or clients, in the discretion of the court. Paragraph (d) does not provide for cases of multiple defendants, thus leaving intact the traditional practice in New Hampshire of allowing each defendant the full number of challenges provided by the law. 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. Be Proactive. Please remember that you are under no obligation to ask questions, and questions are to be directed only to the witness. Jaquith was indicted in Salem Superior Court . Sullivan County Grand jury indictments for Feb. 20 are released By Staff Reports Feb 21, 2019 Updated Feb 22, 2019 0 Alexis S. Banks Alexis S. Banks, 22, of 28 Prospect Street in Claremont was indicted for possession heroin with intent to sell in concert with Justin Gunnip. 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. Click Here for Frequently Asked Questions & Answers! (c) Documents Containing Confidential Information. (C) Before any attorney shall in closing argument read any excerpt of testimony prepared by the court reporter, the attorney shall furnish opposing counsel with a copy thereof prepared by the reporter. 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. Initial Proceedings in Circuit Court-District Division, Rule 5. (e) No court or justice shall establish notice rules, requirements or procedures that are different than those established by this rule. At all sentencing hearings on probation violations, the defendant has the right to present witnesses and evidence, and to testify with regard to the sentence to be imposed. The court shall notify all parties of any hearing on the motion and the decision. 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. (j) Reduction, Suspension or Amendment of Sentence. The terms and conditions of probation, unless otherwise prescribed, shall be as follows. Cody Magie, 29, of Beech Street, aggravated felonious sexual assault and two counts of second-degree assault. (E) All exculpatory materials required to be disclosed pursuant to the doctrine of Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, including State v. Laurie, 139 N.H. 325 (1995). (B) Not less than twenty calendar days prior to the final pretrial conference or, in the case of a pretrial evidentiary hearing, not less than three calendar days prior to such hearing, the State shall provide the defendant with a list of the names of the witnesses it anticipates calling at the trial or hearing. (6) Motions Seeking Additional Discovery. If a defendant fails to appear as required by the summons, a warrant may be issued. The Atm company required reimbursement from the store. The Coos County Attorney's office also charged Gingras-Jodrie with the Class A misdemeanor count of vehicular assault. Rule 11(a)(3) and (a)(4), applicable to circuit court pleas, and Rule 11(b)(2) and (b)(3), applicable to superior court pleas, address the colloquy required between the court and defendant in cases where incarceration upon conviction is possible. Every motion to suppress evidence: (A) shall be filed in accordance with section (b)(1) of this rule; (B) shall be in writing and specifically set forth all the facts and grounds in separate numbered paragraphs upon which the motion is based; and. (6) Prior to conducting an ability to pay or ability to perform hearing at which incarceration of the defendant for civil contempt may be imposed if the court finds that the defendant has willfully failed to pay an assessment or perform community service, the court shall provide the defendant with a financial affidavit or financial statement signed under oath and direct that the defendant complete the affidavit or statement and provide it to the court at the hearing. (d) Arraignment. In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court made clear counsels obligation to ensure that a defendant understands the deportation implications, if any, of a conviction. (b) No answer to a motion for reconsideration or other post-decision relief shall be required unless ordered by the court, but any answer or objection must be filed within ten days of notification of the motion. Where a deferred sentence is imposed, the appearance of counsel for the defendant shall be deemed to be withdrawn thirty days after the deferred sentence is brought forward or suspended. We hope that you continue to enjoy our free content. (E) The defendant understands and waives the statutory and constitutional rights as set forth in the Acknowledgement and Waiver of Rights form. Take Interstate 93 North to Concord . (3) Notice to Defendant. On Jan. 11, 2022, Duran is accused of throwing a firearm out a second-floor window as an investigation was underway. 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. It is part of due process. (d) If a defendant who is not detained indicates a financial inability to obtain counsel and a desire for appointed counsel, the court shall instruct the defendant to complete a Request for a lawyer form prior to leaving the courthouse and, if eligible, counsel shall be appointed no later than 24 hours from the date of the request. Ramon Duran, 48, of Clifford Avenue, first floor, falsifying physical evidence, possession of fentanyl and crack cocaine, and being a felon in possession of a dangerous weapon. Gunnip is also charged with bailjumping, having failed to appear before Sullivan County Superior Court on March 21, which was a condition of his release. (c) The clerk shall schedule a pretrial conference, to be held within forty-five days of the filing of an indictment, for the purpose of establishing a discovery schedule and trial date. (H) Statistical information concerning the sentences imposed for the same crime committed by other individuals in the State of New Hampshire. Adoption and Effective Date; Applicability, Rule 3. Both Parks and a co-defendant, Dennis Cody Blevins, 23, 411 Bristol Caverns Hwy., Bristol, Tenn., were indicted in a separate case on one count each of aggravated burglary and theft over $500. 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 probable cause for arrest. (c) Hearing. A preliminary examination allows a defendant to challenge the decision of the prosecuting authorities to limit the defendants liberty pending consideration of the matter by a grand jury. (iii) an unredacted version of the document clearly marked as confidential. Welcome! (iii) The court finds that the subsequently scheduled case should take precedence due to a defendants rights to speedy trial or other constitutional rights. This page provides information about Court Dockets and Calendars resources in New Hampshire. That order did prohibit Hodgkins from operating a motor vehicle on the road ways of New Hampshire. (g) All pleadings and the appearance and withdrawal of counsel shall be signed by the attorney of record or the attorneys associate or by a self-represented party. 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. Trial by the Court or Jury; Right to Appeal, Rule 23. (2) A defendant charged with a class B misdemeanor or violation for which an appearance is mandated may waive arraignment if he or she files with the court prior to the date of arraignment a written waiver signed by the defendant. (2) A confidential document shall not be included in a pleading if it is neither required for filing nor material to the proceeding. The court, in its discretion, may grant such a motion after trial commences. Such motions shall be filed before the commencement of the trial. If you have a subscription, please log in or sign up for an account on our website to continue. The penalty for bail jumping is 3 to 7 years in state prison and a $5,000 fine. On Feb. 28, 2022, Albert is accused of robbing a woman he knew and then driving her in her car around the city. CCC males and females- 5:00pm to 9:40pm Monday through Friday, 07:30am to 9:40pm Saturday and Sunday. (iii) Has otherwise formally been disciplined or sanctioned by any court in this state. Kevin Desmarais, 29, of Forest Road, Hancock, aggravated DUI with collision and serious injury. (b) Interpretation. The complaint is a written statement of the essential facts constituting the offense charged. (2) Joinder of Related Offenses for Trial. Matthew Keyser, 37, of Shasta Street, resisting arrest/detention resulting in serious bodily injury. The motion shall set forth the reason for appealing and the cause of the delay. (1) Any misdemeanor complaint filed with the court without specification of the classification shall be presumed to be a class B misdemeanor unless specified by law or unless the State files a notice of intent to seek class A misdemeanor penalties before or at the time of arraignment. Momkokpo Amegnra, 30, of Old Suncook Road, Concord, criminal threatening. Sullivan Superior Court Sullivan Superior Court 22 Main Street Newport, NH 03773 Clerk: Brendon C. Thurston Phone: 1-855-212-1234 For callers outside the U.S and Canada the number is 1-603-415-0162. 3, criminal threatening. Zamansky also is charged with choking her. The New Hampshire Supreme Court has addressed trial courts application of the necessity standard in several reported cases. (f) Sanctions for Disclosure of Confidential Information. If the motion is denied, the courts ruling shall be supported by findings of fact with respect to the allegations contained in the motion. The court may impose any sentence that could have been imposed by the original sentencing judge for the crime which is the subject of the probation term. (3) Violation of this rule may be treated as contempt of court. The party who called the witness will proceed first. (f) Arraignment on Misdemeanor Appeal. (iv) The Chief Justice of the Superior Court. 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. (F) If the case may involve expert testimony from either party, both sides shall be prepared to address disclosure deadlines for: all results or reports of physical or mental examinations, scientific tests or experiments or other reports or statements prepared or conducted by the expert witness; a summary of each such experts qualifications; rebuttal expert reports and qualifications; and expert depositions. In Rockingham and Sullivan counties, 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 October 1, 2017 shall be initiated in superior court. This Sullivan County New Hampshire Most Wanted List posts the top 50-100 fugitive criminals on the run. (g) The presiding justice retains discretion to limit the number of cameras, recording devices, and related equipment allowed in the courtroom at one time. (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. Opening statements are not permitted in circuit court district division trials except with permission of the court for good cause shown. On March 3, 2022, Carota is accused of being drunk, with a blood alcohol level in excess of .16, when she dove a 2015 Toyota RAV4 on Route 101A in Amherst and struck Amherst police officer Thomas Clement, causing him to suffer a fractured forearm bone and nerve damage. (1) Related Offenses. (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. (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. Get an email notification whenever someone contributes to the discussion. An agreement of the parties that a document is confidential or contains confidential information is not a sufficient basis alone to seal the record. Boykin v. Alabama, 395 U.S. 238 (1969); Richard v. MacAskill, 129 N.H. 405 (1987). To preserve issues for an appeal to the Supreme Court, an appellant must have given the court the opportunity to consider such issues; thus, to the extent that the court, in its decision, addresses matters not previously raised in the case, a party must identify any alleged errors concerning those matters in a motion under this rule to preserve such issues for appeal. The courts sentence is vacated pending appeal except as otherwise provided by statute. An order will be issued setting forth the courts ruling on the motion to seal. In practice, the factual basis for the charge referred to in Rule 11(a)(3)(A) and (b)(2)(A) is provided by the State in its offer of proof during the plea hearing. The value of the services was greater than $1,000. Before accepting a plea of guilty or, with the consent of the court, a plea of nolo contendere, to any misdemeanor, or to a violation that requires the defendant to appear for arraignment and that carries a statutorily enhanced penalty upon a subsequent conviction, the court shall personally address the defendant and determine on the record that: (A) There is a factual basis for the plea; (B) The defendant understands the crime charged and the factual basis of that charge; (C) The defendants plea is knowing, intelligent and voluntary; (D) The defendants plea is not the result of any unlawful force, threats or promises; and. (24) Unless, after hearing, at least two members of the Sentence Review Division concur in increasing, decreasing, or otherwise modifying a sentence, the sentence imposed by the sentencing judge shall stand. On Sept. 28 and 29, 2020, Finley is accused of sexually assaulting D.M. who was intoxicated and physically helpless to resist him. Angel Caballery, 32, of Second Street, attempted first-degree assault, first-degree assault and accomplice to robbery. A defendant may be sentenced to a period of conditional discharge as provided in RSA 651:2, VI. (iii) not less than 30 days prior to jury selection, a party shall file a motion to exclude evidence it believes constitutes Rule 404(b) evidence if no motion to admit the evidence has been filed by the opposing party. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberations or may be discharged. (7) Testimony of Witnesses. They took effect in the remaining counties as of the date set forth by Supreme Court Order pursuant to RSA 592-B:2, III. Stone allegedly asked dispatchers to call his wife and ask her to bring him some gas. You cant do this. He also is accused of trying to open her mouth so he could insert his penis.

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