- Manage notification subscriptions, save form progress and more. Allyson Mateo, 35, of Belmont Street, first-degree assault, reckless conduct and felon in possession of a handgun. (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. In Claremont , head East on Route 11/103 ( Washington Street ) passing Walmart, K-Mart, Market Basket. When a misdemeanor conviction is appealed to superior court, the charging document is the complaint that was filed in the circuit court-district division. We won't share it with anyone else. You have permission to edit this article. William McKenney, 39, of Main Street, four counts of aggravated felonious sexual assault. The finding and the affidavit shall become part of the public record, shall be available to the defendant and must be filed with the appropriate court on the next business day. If you have any questions, contact the Information Center at 1-855-212-1234. A person charged with a probation violation is entitled to counsel and the appointment of counsel if deemed eligible at all stages of the proceeding. As Rule 26 reflects, if counsel has left the courthouse with the courts permission, counsel has not waived the right to be present when an instruction is to be given in response to a jurys question. The time for filing an appeal on behalf of the State, as well as the permissible grounds for filing such an appeal, shall be as otherwise provided by law. See State v. Mottola, 166 N.H. 173 (2014) (clarifying that thirty-day deadline for filing Notice of Appeal begins to run on date of sentencing, not on date of issuance of mittimus). Special Procedures in Superior Court Regarding Sex-Related Offenses Against Children, Rule 46. The request shall include an express waiver of the defendant's right to a speedy trial as it relates to the motion. (1) The court shall make a written finding on the issue of probable cause. On Feb. 17, 2022, he is accused of threatening M.K. with a 9mm Glock handgun. At the time the document is submitted to the court the party must clearly indicate on the document that the document has been redacted or information has been omitted pursuant to Rule 50(c)(4)(A). PLEASE TURN OFF YOUR CAPS LOCK. When there is an appeal after a conviction in either circuit court-district division or superior court, or when either party appeals prior to or during trial, the trial court may authorize the defendants release on bail pending the appeal as provided by statute. (j) Automatic Withdrawal of Court-Appointed Counsel. Sullivan County Justice Center. The presiding justice also may require representatives of the media to arrange pool coverage. In other words, labeling a document as confidential or under seal or requesting the court to seal a pleading in the prayers for relief without a separate motion to seal filed pursuant to this rule will result in the document being filed as part of the public record in the case. . No sentence may be increased, decreased, or modified without the opportunity for the defendant to appear and be heard, in person or by videoconference, and the opportunity to be represented by counsel. James G. Stone, 42, 631 Chadwell Road, Kingsport, was indicted in a total of three cases on one count of failure to appear, two violations of an order of protection, and one count of resisting arrest. Monte Wisecup. 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. Where a defendant indicates an inability to pay forthwith, the defendant shall complete a statement of resources, under oath, prior to leaving the courthouse. They took effect on January 1, 2016 and apply to criminal actions pending or filed in circuit court or superior court in Cheshire and Strafford Counties on or after that date. Updated Feb 1, 2021; 0; OSSIPEE The following people were indicted recently by a Carroll County Superior Court grand jury: More Courts & Cops. The purpose of these questions is to clarify the evidence, not to explore your own legal theories or curiosities. (6) Finding of No Probable Cause. (1) Case initiated in Circuit Court-District Division. Mark Vilgrain, 29, of Second Crown Point Road, Barrington, second-degree assault. Provided, however, that in any criminal case in which an appeal to the supreme court is filed, trial counsel shall remain responsible for representing the defendant in the supreme court pursuant to Supreme Court Rule 32. (e) Alternate Jurors. In addition, the court for good cause may raise the issue on its own. (a) Complaint. The motion shall be filed as far in advance of the proceeding as is practicable. When objecting or responding to an objection, counsel shall state the basis for the objection or response. Failure to raise a ground for recusal shall constitute a waiver as specified herein of the right to request recusal on such ground. This page provides information about Court Dockets and Calendars resources in New Hampshire.Links are grouped by those that cover courts statewide, for multiple counties, and then by individual county. Also among them were: Reagan Crawford, 38, of 555 Canal St., attempted murder and two counts of second-degree assault. The status of this rule is uncertain in light of the new standards relative to confrontation clause rights as articulated by the United States Supreme Court in Crawford v. Washington, 541 U.S. 36 (2004), and its progeny. Evidence of a conviction under this rule will not be admissible unless there is introduced a certified record of the judgment of conviction indicating that the party or witness was represented by counsel at the time of the conviction unless counsel was waived. (b) Post Trial. (1) Fines, restitution or penalty assessments (hereinafter collectively referred to as assessments) imposed by the court shall be due and payable on the date the sentence is imposed. 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. 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 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. (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. On Jan. 24, 2022, he is accused of pointing a gun at R.D.. (1) A defendant charged with a class A misdemeanor or a felony may waive arraignment only if he or she is represented by counsel and files with the court prior to the date of arraignment a written waiver signed by the defendant and his or her counsel. At its option, the defense may make an opening statement. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Belknap County on or after July 1, 2016. (D) For purposes of this rule, a statement of a witness means: (i) a written statement signed or otherwise adopted or approved by the witness; (ii) a stenographic, mechanical, electrical or other recording, or a transcript thereof, which is a substantially verbatim recital of an oral statement made by the witness and recorded contemporaneously with the making of such oral statement; and. What you need to do is what many states have done to bypass the polsLet the people speak. Paragraph (b) of this rule refers to States appeals. Keep it Clean. That order did prohibit Hodgkins from operating a motor vehicle on the road ways of New Hampshire. Motions for additional discovery or depositions with respect to trial witnesses first disclosed pursuant to paragraph (b)(4) shall be filed no later than seven calendar days after such disclosure occurs. (B) If a court determines discovery should not be provided in accordance with the timelines set forth in RSA 592-B:6, II and the defendant has not been indicted. According to the indictments, on March 7, 2022, Caballery fired a handgun and, acting in concert with Jennifer Sennott, struck N.G. in the back of the head with a firearm. Court approval of a withdrawal shall not be required in this circumstance unless the Notice of Withdrawal is filed less than twenty days from the date of a trial, in which case court approval shall be required. 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. (A) General Notice Obligations. Suspension of Rules; Violations of the Rules of Court, Rule 42. Indictment log as of Jan. 15. Paragraphs (a) through (c) of Rule 16 derive from RSA 517:13-a, I through III. Please visit GoodHire for all your employment screening needs. (2) Order of Evidence. If, upon appeal to the superior court, the defendant waives the right to a jury trial, the court shall remand the matter to the circuit court-district division for imposition of the originally imposed sentence. The grand jury may also consider whether to return an indictment on a felony or misdemeanor. On Feb. 4, 2022, Kustra is accused of pointing a knife at W.M. and saying, Ill fucking kill you.. Worthley is charged with possession of a controlled drug 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. N.H. R. of Prof. (d) Subpoena for Out-of-State Witnesses. See Apprendi v. New Jersey, 530 U.S. 466 (2000); State v. Russell, 159 N.H. 475 (2009). Such instructions may be given by a justice of the superior court, by utilization of a prerecorded audio or video presentation created for this purpose, or by a combination of use of a recording and instruction by a justice. The court may waive the requirements of this rule for good cause shown. Get an email notification whenever someone contributes to the discussion. Winds light and variable. (1) If the probationer is incarcerated on a warrant issued by the court, the court will hear and set bail within 72 hours from the time of arrest, excluding weekends and holidays. Follow Route 103 West all the way to Newport. The charge is a Class B felony offense. D.C. issued a federal arrest warrant for Dmitriy Sergeyevich Badin upon the grand jury's return of the indictment. Cody Magie, 29, of Beech Street, aggravated felonious sexual assault and two counts of second-degree assault. (C) Are alleged to have occurred during separate criminal episodes, but nonetheless, are logically and factually connected in a manner that does not solely demonstrate that the accused has a propensity to engage in criminal conduct. (A) Record information must be requested in writing and include the individuals full name and, if available, the individuals date of birth. Counsel will be given the opportunity to make objections on the record to any proposed question after which the judge will decide if they are appropriate and whether, under the circumstances of the case, the judge will exercise discretion to permit the questions. In Belknap County, pursuant to RSA 592-B:2, III all felony and any directly related misdemeanor or violation-level offenses alleged to have occurred on or after July 1, 2016 shall be initiated in superior court. Willful failure to pay means a defendant has intentionally chosen not to pay the assessment when he has had the ability to do so. (C) In its discretion, the court may add additional instructions. McKenney is accused of intentionally touching the childs genital opening through her clothing. (a)Venue Established. Any such reduction 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. (B) A court may rule on a contested motion to continue without a hearing provided that both parties have had an opportunity to inform the court of their respective positions on the motion.
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