sullivan county nh grand jury indictments
sullivan county nh grand jury indictments
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. LANCASTER A Coos County grand jury, meeting Sept. 17, returned sixteen indictments against eight individuals. 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. (3) Motions in Limine. The court shall return its verdict within a reasonable time after trial. (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. However, the witness may be prosecuted or subject to penalty or forfeiture for any perjury, false swearing, or contempt committed in answering or failing to answer, or in producing or failing to produce evidence in accordance with the order. Submitting this form below will send a message to your email with a link to change your password. (4) Exchange of Information Concerning Trial Witnesses. (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. If the defendant is financially eligible, the court shall inform counsel immediately of the appointment (1) by telephone, facsimile or electronically if the defendant is detained or (2) by telephone, electronically or by first-class mail if the defendant is not detained. This program, which launched in 2010, reduces recidivism rates to 20 percent. Such agreement shall list the email address(es) at which counsel agree to be served. (e) Waiver of Arraignment. (b) Except where ex parte communications with the court are authorized by law, no person shall make any statement with regard to the merits of that person's case, orally or in writing, to any judge in whose court or before whom any suit, petition or other proceeding is pending or to be heard or tried except in open court or in the presence of all parties thereto. Upon application of any person the court may issue appropriate protective orders and/or sanctions as justice may require. PUBLIC ACCESS TO COURT PROCEEDINGS Citizens can access WebEx hearings and court proceedings in the Superior Courts by sending a request that includes the case number to the email address listed below. On Feb. 28, 2022, Albert is accused of robbing a woman he knew and then driving her in her car around the city. 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. The charge is a Class B felony offense. Hayden, 38, of Claremont was arrested on April 29 at 23 Trinity Street in Claremont for possession of a controlled drug. The grand jury may also consider whether to return an indictment on a felony or misdemeanor. (2) Scheduling. These cookies do not store any personal information. The following trio were indicted on one count each of possession of 26 grams or more of cocaine for delivery or sale: Billy Ray Allen, 33, 1001 Union St., Apt. If you were summoned for January 3, 2023 your additional reporting dates are here. Failure to effect actual notice shall not alone be grounds to deny a motion to unseal where the moving party has exhausted reasonable efforts to provide notice. 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. A person who fails to appear in response to a summons may be charged with a misdemeanor as provided by statute. The defendant shall be provided with a copy of the complaint. See Superior Court Administrative order 2019-002. Upon written motion of a defendant, or with the defendant's written consent, the trial judge may join for trial two or more charges of unrelated offenses upon a showing that failure to try the charges together would constitute harassment or unduly consume the time or resources of the parties. On Jan 31, 2022, Brodeur is accused of threatening M.H. and F.D. with a BB gun. The rule recognizes the current practice whereby applications to summon out-of-state witnesses may be made ex parte. (6) Finding of No Probable Cause. 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. (4) Application for sentence review may be made by filing a completed application form with either the Secretary of the Sentence Review Division or with the Clerk of the sentencing court. (a) Adoption. A community service plan approved under this paragraph shall take into account the defendants circumstances including but not limited to age, disability, health, employment, and access to child-care and transportation. The notice must articulate the permitted purpose for which the proponent intends to offer the evidence and the reasoning that supports the purpose. Snow this morning will give way to lingering snow showers this afternoon. In addition, the court for good cause may raise the issue on its own. Grounds for recusal that first become apparent at the time of or during the hearing shall be immediately brought to the attention of the judge. If a person is arrested without a warrant, the complaint shall be filed without delay and, if the person is detained in lieu of bail, an affidavit or statement signed under oath, if filed electronically that complies with Gerstein v. Pugh, 420 U.S. 103 (1975) must be filed. Bomhower was also charged with conspiracy to commit assault by prisoner on Aug. 17, in allegedly assisting another man to strike a third man at the Sullivan County House of Corrections. (a) Except as otherwise provided by this rule or by other provisions of law, any person, whether or not a member of an established media organization, shall be permitted to photograph, record, and broadcast all court proceedings that are open to the public, provided that such person provides advance notice to the presiding justice in accordance with section (c) of this rule that he or she intends to do so. For callers outside the U.S and Canada the number is 1-603-415-0162.Hours: Monday - Friday, 8:00am to 4:00pm. (d) Peremptory Challenges. From the Seacoast:Take Route 101 West to Manchester. (a) Information from the State. Have a Question? (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. New Hampshire certified police officers who are not members of the New Hampshire Bar may prosecute misdemeanors and violation offenses on behalf of the State in the Circuit Court-District Division. The defense shall respond to the States offer no later than ten (10) days after receipt. A defendant may waive the right to a probable cause hearing. 0. 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. . (3) Joinder of Unrelated Offenses. 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. Elliot Health System Walk For Hope steps off on Sunday, Pregnant woman shot when stray bullet enters Bell Street residence, 5 people arrested. The court may permit counsel to leave the courthouse upon appropriate conditions. In addition to a transcript of the sentencing hearing, the Division will require the production of the following material if it was considered by the sentencing judge in the imposition of sentence: (B) Any other records, documents or exhibits preserved in the record of the sentencing hearing. (1) The court will not hear any motion grounded upon facts, unless they are verified by affidavit, or are apparent from the record or from the papers on file in the case, or are agreed to and stated in writing signed by the parties or their attorneys; and the same rule will be applied as to all facts relied on in opposing any motion. Property Information - parcel #, lot #, taxes, liens, zoning ordinances, etc. A third felony count attached to the incident, as the Grand Jury indicted Horsfield with a Class B felony for Aggravated DWI, having caused a collision while under the influence of an intoxicant, that caused serious bodily injury to a person, that person being herself. State v. Farrow, 118 N. H. 296, 307 (1978); State v. Prevost, 105 N.H. 90 (1963). 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. 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. Should any member request a hearing, the Secretary shall issue a notice of hearing to the persons set out in Sentence Review Division Rule 8. (a) The appropriate fee must accompany relevant filings. (15) Upon hearing, the Division can act in any of the following ways: (A) It may increase the sentence imposed by the sentencing judge; (B) It may decrease the sentence imposed by the sentencing judge; (C) It may otherwise modify the sentence; or. Jada Cruz, 21, of Ames Street, Lawrence, Mass., willful concealment. The court may also schedule hearings on any motions discussed during the dispositional conference. (d) After a hearing, for good cause shown, and if not otherwise prohibited by court rules or law, the court may order disclosure of additional information necessary for the evaluation. Cody Magie, 29, of Beech Street, aggravated felonious sexual assault and two counts of second-degree assault. The court shall inform the defendant of the right to a probable cause hearing that will be conducted pursuant to Rule 6. On April 19, 2022, Crawford is accused of choking "C.C.", an intimate partner, by wrapping his arm around her neck and applying pressure. (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. He said hed run out and was stranded at Ralphs Bar and Grill, according to an affidavit. (10) Each member of the Sentence Review Division shall review the application, transcript of the sentencing hearing, and such other materials as set out in Sentence Review Division Rule 16 and shall then inform the Secretary whether the member is requesting a hearing. An opposing party who intends to object to the admission into evidence of a certificate shall give notice of objection within ten days upon receiving the adversary's notice of intent to proffer the certificate. Interpreters for Proceedings in Court, Rule 48. (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. If a defendant intends to rely upon the defense of alibi, notice shall be provided to the State in writing of such intention within sixty calendar days if the case originated in superior court, or thirty calendar days if the case originated in circuit court-district division of the plea of not guilty and a copy of such notice shall be filed with the clerk. K-1. (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. (1) Complex Cases. (f) Nothing in this rule shall prevent the court from reducing a detained or non-detained defendant's bail or conditions of bail without his or her counsel present, but if the state opposes such reduction, it shall have the right to be heard in argument before the court makes a decision. 1984). (7) Continuing Duty to Disclose. (3) A party filing a confidential document must also file a separate motion to seal pursuant to subdivision (d) of this rule. Sunapee. Welcome! 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. No legal advice is offered here and this site is not an alternative to competent legal counsel. Only the attorney examining or cross-examining a witness may raise objections or respond to objections regarding that witness. (a) Non-attorneys. (6) A grand juror, interpreter, stenographer, typist who transcribes recorded testimony, attorney for the State, or any person to whom disclosure is made under paragraph (C) below, shall not disclose matters occurring before the grand jury, except: (A) As provided by the Supreme Court rules; (B) To an attorney for the State for use in the performance of such attorney's duties; (C) To such state, local or federal government personnel as are deemed necessary by an attorney for the State to assist in the performance of such attorney's duty to enforce state criminal law; (D) When so directed by a court in connection with a judicial proceeding; (E) When permitted by the court at the request of an attorney for the State, when the disclosure is made by an attorney for the State to another grand jury in this state; or. Where can I obtain a certified copy of a birth, death, marriage, or divorce certificate. 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. (b) Information from the Defense. Kayla Sullivan. On Jan. 11, 2022, Duran is accused of throwing a firearm out a second-floor window as an investigation was underway. The court shall inform appointed counsel immediately of the appointment (1) by telephone, facsimile or electronically if the defendant is detained or (2) by telephone, electronically or by first-class mail if the defendant is not detained. This rule should be read in conjunction with Rule 29 regarding sentencing. (2) Burden of Proof. 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, by affidavit or by statement filed under oath if filed electronically, probable cause for arrest. 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. Tabatha Scott, 31, Hevey Street, accomplice to first-degree assault and robbery. Amidon has been previously convicted of theft in twice July 2017. 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. State v. Elliott, 133 N.H. 190 (1990); see State v. Chace, 151, N.H. 310, 313 (2004) (defendant need not be advised that loss of license will be collateral consequence of pleading guilty to DWI). 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. The Sullivan County Grand Jury indicted Megan Horsfield, 39, of Croydon, with knowingly possessing a controlled drug, specifically alpha-PHP, also known as bath salts, on or between July 22 and July 23, 2019. Notice of the motion must be served on all parties. The penalty for possession a controlled drug is 3 to 7 years in state prison and a $25,000 fine and an additional 3 to 7 years for committing the above offense while on bail. A probable cause hearing shall be scheduled in accordance with this rule in any case which is beyond the trial jurisdiction of the circuit court-district division and in which the defendant has not been indicted. The grand jury handed up 239 indictments. (d) The attorney general or a county attorney conducting the prosecution in a criminal case may take the deposition of any witness the prosecution intends to call at the trial, if it is determined by a justice of the superior court that: (1) The defendant in the case in which the deposition is sought has been arrested or bound over to the grand jury or has been indicted, and. Any petition for annulment which does not meet the requirements as set forth by statute shall be dismissed without a hearing but without prejudice to the defendants right to re-apply as permitted by law. A chase ensued, and Clifton was taken into custody near 1750 Rock Springs Road. The prosecutor shall be responsible for informing the victim or next of kin of the right to so address the court. Additionally, on October 3, 2018, a federal grand jury . When permitted by statute or required by the New Hampshire Constitution, an appeal to the superior court may be taken by the defendant by giving notice in open court after the court pronounces sentence, or by filing written notice with the clerk of the circuit court-district division within three days of the verdict. 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. James Albert, 38, of Sullivan Street, receiving stolen property, robbery and reckless conduct. 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. Juror Notes and Written Questions, Rule 34. (1) Violations. If a defendant fails to appear as required by the summons, a warrant may be issued. (8) The judge shall instruct the jury substantially as follows. 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. The grand jury may also consider whether to return an indictment on a felony or misdemeanor. The burden of proving that a document or a portion of a document should be confidential rests with the party or person seeking confidentiality. Any victim or other witness who was sixteen years of age or under at the time of the offense may also move to take videotape trial testimony. It is within the court's discretion to permit jurors to take notes. (C) Review may not be sought for any sentence submitted to the sentencing judge where there is an agreement between the State and the defendant as to the sentence to be imposed in exchange for a plea (a so-called "negotiated plea"), or where there is an 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 "capped plea.") The judge may also impose a time limit. Momkokpo Amegnra, 30, of Old Suncook Road, Concord, criminal threatening. 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. Please avoid obscene, vulgar, lewd, Worthley has a previous conviction for a misdemeanor in 2016. Holmes was running stationary radar in Dummer on the Dummer Pond Road, which is open to cars and trucks as well as OHRVs. Confidential Documents and Confidential Information, Rule 51. 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. Pleadings and communications furnished in accordance with this rule shall be attached to the email in .PDF file format. Go to, Photo Gallery of Sullivan House Construction, Prison Rape Elimination Act (PREA) Information. Thank you for signing in! If a case is originated in circuit court-district division, within ten calendar days after the entry of a not-guilty plea by the defendant, the State shall provide the defendant with the materials specified below. (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. Nothing herein shall prevent a defendant charged with a class A misdemeanor or felony and who is unable to afford counsel from requesting counsel at any time after arrest by completing a Request for a lawyer form and submitting it to the court having jurisdiction over the matter. A fee of $20 per name will be assessed for up to 5 names. (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. Necessary cookies are absolutely essential for the website to function properly. Failure to obey a subpoena without adequate excuse may be Winds light and variable. She also is accused of swinging a hard object toward C.L.. (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.
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