On May 7, 2021, the Rockingham County Grand Jury returned indictments charging Mr. Guzman with two class A felony counts of conspiracy to commit theft by deception, one class A felony count of theft by deception (as principal/accomplice), and one class A felony count of receiving stolen property. The application shall be signed and sworn to by the defendant. Where a deferred sentence is imposed, the appearance of counsel for the defendant shall be deemed to be withdrawn thirty days after the deferred sentence is brought forward or suspended. The court in its discretion may permit either party to take the deposition of any witness, except the defendant, in any criminal case upon a finding by a preponderance of the evidence that such deposition is necessary: (1) To preserve the testimony of any witness who is unlikely to be available for trial due to illness, absence from the jurisdiction, or reluctance to cooperate; or. (3) The court shall make a written finding on the issue of probable cause. If the grand jury returns a no true bill after consideration of a charge against a defendant who is incarcerated or is subject to bail conditions, the court shall immediately notify the defendant or counsel of record. Documents so furnished may have on their signature lines a copy of counsel's signature, a facsimile thereof, /s/ [counsel's name] as used in the federal ECF system, or similar notation indicating the document was signed. 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. Notwithstanding the preceding sentence, this rule does not require the defendant to provide the State with copies of or access to statements of the defendant. LANCASTER A Coos County grand jury, meeting Sept. 17, returned sixteen indictments against eight individuals. All equipment used must operate with minimal noise so as not to disrupt the proceedings. Paragraphs (c) and (e) extend this principle to cases in which counsel has been appointed for the defendant or in which a defendant demonstrates an inability to pay the fees and mileage allowed by law. Take Interstate 93 North to Concord . (10) Reopening Evidence. or anything. The incident also earned Beattie another Class B felony charge, of reckless conduct with a deadly weapon, in that he allegedly discharged a firearm in a residential neighborhood. 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. Stone allegedly asked dispatchers to call his wife and ask her to bring him some gas. The defendant may appeal to the superior court. (a)Bail Permitted. (b) Probable Cause Determination. Please purchase a subscription to read our premium content. 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.
McLennan County grand jury indictments: Sept. 1, 2022 (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. Not less than sixty calendar days prior to jury selection if the case originated in Superior Court or not less than thirty calendar days prior to jury selection if the case originated in Circuit Court-District Division or, in the case of a pretrial evidentiary hearing, not less than three calendar days prior to such hearing, the defendant shall provide the State with copies of or access to all books, papers, documents, photographs, tangible objects, buildings or places which are intended for use by the defendant as evidence at the trial or hearing. Krystal Campbell, 37, of Market Street, second-degree assault. The DOC will be conducting at home video visits only until further notice. If a case is initiated in superior court, the State shall provide the materials specified in RSA 592-B:6. At the request of the party filing the pleading, the court shall forward a copy of the pleading to the party or counsel specified in the request. 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. Martin Jaquith, 52, of Constitution Way was arraigned Jan. 8 on a single count of enticement of a child under 16 and ordered held on $10,000 cash bail. If a party plans to use or refer to any prior criminal record during trial, for the purpose of attacking or affecting the credibility of a party or witness, the party shall first furnish a copy of the same to the opposing party, or to counsel, and then obtain a ruling from the court as to whether the opposing party or a witness may be questioned with regard to any conviction for credibility purposes. Zamansky also is charged with choking her. Deadline for Criminal Appeals to the Supreme Court, Rule 37. During the case-in-chief, the defense may introduce evidence through the prosecution's witnesses. (1) Petition to Annul Criminal Record $ 125.00, (2) Application to Appear Pro Hac Vice $ 350.00, (3) Certificates and Certified Copies $ 10.00. On March 15, 2022, Amegnra is accused of swinging a machete at A.B. and saying, Im going to kill you. Be Nice. (c) Misdemeanor Appealed to Superior Court. On May 9 2021, he allegedly drove a vehicle at a high rate of speed on Kosciuszko street while multiple pedestrians were crossing the street and also drove at a high rate of speed on Elm Street, running two red lights. Adam Bemis, 38, of 445 Willow Street, four counts of aggravated felonious sexual assault (AFSA), felonious sexual assault, three counts of indecent exposure and three counts of witness tampering. (A) Unless the State does not intend to make a plea offer, in which case it shall so advise the defendant within the time limits specified herein, the State shall provide a written offer for a negotiated plea, in compliance with the Victims Rights statute, RSA 21-M:8-k, to the defense, no less than fourteen (14) days prior to the dispositional conference. (ii) not less than 45 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 file a motion to admit such evidence.
Coos Superior Court Indictments:Residents Face Felony Drug Charges (i) Correction of Sentence. Unless prohibited by statute, a person charged with a probation violation shall be entitled to bail. Kayla Sullivan. The attorney shall be afforded an opportunity to be heard prior to the start of trial. (A) Extended Term Sentences. The charge is a Class B felony offense. (c) Any person desiring to photograph, record, or broadcast any court proceeding, or to bring equipment intended to be used for these purposes into a courtroom, shall submit a written request to the clerk of the court or his or her designee, who, in turn, shall deliver the request to the presiding justice before commencement of the proceeding, or, if the proceeding has already commenced, at the first reasonable opportunity during the proceeding, so the justice before commencement of the proceeding, or at an appropriate time during the proceeding, may give all interested parties a reasonable opportunity to be heard on the request. In such cases, the party or attorney shall be advised of his or her obligation to keep the audio recording confidential. Only the attorney examining or cross-examining a witness may raise objections or respond to objections regarding that witness. The penalty for this offense is 7 to 15 years in state prison and a $4,000 fine on each count. We hope that you continue to enjoy our free content. He also allegedly pointed a gun at E.L. and K.G. and threatened to shoot them. James Perry, 31, of Claremont, was indicted for a Class B felony offense, bail jumping, for failing to appear in court as agreed. A party may seek reduction, suspension or amendment of a sentence as provided by law. (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.
Grand Jury returns 58 indictments - Yahoo! Michael J. Kustra, 31, of Pine Street, No. There is no right to appeal the return of untimely requests for sentence review, except that the Sentence Review Division may, for good cause shown, decide, by concurrence of at least two members, to consider the merits of an untimely request for sentence review. Site by Manon Etc. The superior court shall order a grand jury to be summoned and convened at such time and for such duration as the public interest requires, in the manner prescribed by law. On Nov. 8, 2021, Lages is accused of striking J.G. multiple times, causing J.G. to sustain a jaw fracture. The Courthouse will be on your left in the Opera House Building. person will not be tolerated. See RSA 625:9. Gregory Fox, 42, of Pine Street, attempted murder. 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. Thank you for reading! (16) The Sentence Review Division will only consider matters that are a part of the record of sentencing. The parties shall file all motions in limine no less than five calendar days prior to the final pretrial conference. Newport, NH 03773, Clerk: Brendon C. ThurstonPhone: 1-855-212-1234 (a) Whenever a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide information in a proceeding before, or ancillary to, a Circuit Court-District Division or Superior Court or a Grand Jury, a prosecutor may, with the prior written approval of the Attorney General or County Attorney for the jurisdiction where offenses are alleged to have occurred, request an order from the court requiring such individual to give testimony or provide other information that the individual refuses to give or provide on the basis of the privilege against self-incrimination, when in the judgment of the Attorney General or County Attorney: (1) The testimony or other information from such individual may be necessary to the public interest; and. On June 10, 2021, Perez Medina is accused of striking S.R.C. in the body while S.R.C. was on the ground. On Feb. 17, 2022, he is accused of threatening M.K. with a 9mm Glock handgun. (5) Upon application of the Attorney General or upon the court's own motion, a justice of the superior court may authorize a stenographic record of the testimony of any witness before a grand jury to be taken by a sworn and qualified reporter. The parking lot is located on Sunapee Street across from the Sheriff's Office. 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. The court will then determine whether the defendant has the financial ability to pay the assessment. The State shall also furnish a copy of the defendants criminal record as soon as reasonably possible. Those cases that are of a complex nature, or are potentially of prolonged duration, may be assigned to a specific judge by the chief justice of the superior court sua sponte, or upon a motion for special assignment filed by any party. indictment alleges that on October 28, 2020 . The defendant may cross-examine adverse witnesses, testify and introduce evidence. punishable by contempt of court. The defendant shall be asked to enter a plea of guilty, not guilty, or, with the consent of the court, nolo contendere. (g) Arraignments on Misdemeanors and Violations. (11) Reopening Evidence. The court shall hold a hearing on the petition to annul if requested by the petitioner. A notary may issue a subpoena for depositions only. This category only includes cookies that ensures basic functionalities and security features of the website. Clow, 20, of Claremont is accused of committing an assault on May 29 while in custody at the Sullivan County House of Corrections. Kamon Seace, 28, of S. Main Street, Franklin, riot. All grounds for recusal that are known or should reasonably be known prior to trial or hearing shall be incorporated in a written motion for recusal and filed promptly with the court. For a plea to be knowing, intelligent, and voluntary, the defendant must understand the essential elements of the crime to which a guilty plea is being entered. Shean Remillard, 49, of Spruce Street, four counts of criminal threatening. The terms and conditions of probation, unless otherwise prescribed, shall be as follows. (6) The court shall review the motion to seal and any objection to the motion to seal that may have been filed and determine whether the unredacted version of the document shall be confidential. (7) After all the chosen questions are answered, each counsel will have an opportunity to re-examine the witness. Furthermore, the no contact provisions shall not be deemed to prevent contact between counsel when both parties are represented. The grand jury shall receive, prior to performing its duties, instructions relative thereto and shall be sworn in accordance with law. Paragraph (d) derives from RSA 517:14-a. In any other case in which an arrest warrant would be lawful, upon the request of the State, the person authorized by law to issue an arrest warrant may issue a summons. In any case where release is denied pending appeal, the presiding judge shall provide for the record the reasons for such denial. The DOC will be conducting at home video visits only until further notice. Jennifer Perez Baez, 29, of Trahan Street, first-degree assault. (1) Deadlines for Filing Plea Agreements.
New Hampshire Court Dockets and Calendars | CourtReference.com Under paragraph (b), upon a finding of necessity by a preponderance of the evidence, the trial court may order a deposition over a partys objection. Okay Democrats, keep sending them a message by striving for perfect attendance! No testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case or forfeiture. 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. See State v. Dukette, 145 N.H. 226 (2000). Such motions shall be filed before the commencement of the trial. Directions toSullivan County Superior Court. Thereafter, the administrative judge of the circuit court shall rule on the motion. (1) An attorney who is not a member of the New Hampshire Bar shall not be allowed to engage in the trial or hearing in any case, except on application to appear pro hac vice, which will not ordinarily be granted unless a member of the Bar of this State is associated with the non-member attorney and the member attorney is present at the trial or hearing. You cant do this. He also is accused of trying to open her mouth so he could insert his penis. 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. (c) If a motion for reconsideration or other post-decision relief is granted, the court may revise its order or take other appropriate action without rehearing or may schedule a further hearing. (c) Notice to Defendant. State v. Flood, 159 N.H. 353 (2009). Ricky Brodeur, 48, of Lake Avenue, second floor, two counts of criminal threatening and one charge of being a felon in possession of a dangerous weapon. 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. 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. 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. Rule 42 is consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rule 1.3 (Attorneys). However, the report shall clearly indicate all such guardians for whom the court has found good cause for the late filing. 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. (iv) Unusual circumstances causing the respective courts to agree that an order of precedence other than the above shall take place. The defendants income shall include all income, whether earned or not, from any source, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law, and shall be reduced only by the amount of expenses which are reasonably necessary for the maintenance of the defendant and his dependents and by the amount of defendants anticipated or current obligation to repay the Office of Cost Containment for the cost of appointed counsel. No racism, sexism or any sort of -ism In all other cases, voir dire shall be conducted as set forth in RSA 500-A:12-a. The penalty for this offense is of 3 to 7 years in prison and a $4,000 fine. The court shall inform counsel of the appointment as soon as reasonably possible by telephone, facsimile or electronically. Those communications, though, like all other communications with jurors, must be recorded. The following discovery and scheduling provisions shall apply to all criminal cases in the superior court unless otherwise ordered by the presiding justice. (B) If a hearing is held in advance of trial, neither the prosecution nor the defendant shall be entitled to a further hearing by the court on the same issue at the trial. A filing fee shall be assessed which may be waived by the court when, upon review of an executed affidavit of assets and liabilities, the court determines that the applicant is indigent or has been found not guilty, or the case was dismissed or not prosecuted. (9) Motions to Dismiss; Motions for Mistrial. (1) Both the defendant and the State will be afforded the opportunity to address the court, call witnesses, and present evidence relevant to sentencing. MANCHESTER, NH Sexual and physical assaults, gun threats, felony riot and thefts were among the 390 indictments issued this month by a grand jury sitting in Hillsborough County Superior Court Northern District. (D) Where a trial has been scheduled in one case prior to the scheduling of another matter in another court where an attorney or party has a conflict in date and time, the case first scheduled shall not be subject to a continuance because of the subsequently scheduled matter which is in conflict as to time and date except as follows: (i) A subsequently scheduled case involving trial by jury in a superior or federal district court, or argument before the Supreme Court.