(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. Failure to raise a ground for recusal shall constitute a waiver as specified herein of the right to request recusal on such ground. (b) Bail. Everest Benoubader, 24, of 653 Beacon St., second floor, riot and criminal threatening with a deadly weapon. 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. On Nov. 3, 2021, Walsh identified himself as Tommy Walsh to Manchester police after he was arrested on two counts of possessing a controlled drug. The Courthouse will be on your left in the Opera House Building. Those communications, though, like all other communications with jurors, must be recorded. (3) Motions to Continue. One of the indecent exposure charges accuses him of attempting to engage in sexual intercourse with the child in the presence of two other children, then age 2 and 5. Effective July 1, 2010 . Upon application of any person the court may issue appropriate protective orders and/or sanctions as justice may require. Share with Us. 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. A plea of guilty or nolo contendere to a violation may be accepted by the court without formal hearing unless the violation carries a statutorily enhanced penalty upon a subsequent conviction subjecting the defendant to incarceration. 1984). (a) Complaint. Tabatha Scott, 31, Hevey Street, accomplice to first-degree assault and robbery. (A) Information that is not public pursuant to state or federal statute, administrative or court rule, a prior court order placing the information under seal, or case law; or. The court may establish deadlines for the filing of plea agreements. The motion shall be filed as far in advance of the proceeding as is practicable. 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. A direct criminal contempt may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the presence of the judge. Upon issuance of a summons, the complaint and summons shall be filed with a court of competent jurisdiction without unreasonable delay but no later than 14 days prior to the date of arraignment. Dockets are current as of 4:00 p.m. the prior day. On March 15, 2022, Amegnra is accused of swinging a machete at A.B. and saying, Im going to kill you. (d) Any party to a court proceeding or other interested person who has reason to believe that a request to photograph, record, or broadcast a court proceeding will be made and who desires to place limitations beyond that specified by this rule upon these activities may file a written motion seeking such relief. 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. (iii) if the defendant requests sentence review, the sentence may be increased, decreased, modified or affirmed. Only one attorney for each party is permitted to examine or cross-examine each witness. (a) All pleadings and forms that are not electronically filed shall be upon 8 1/2 x 11 inch paper and shall be either typewritten or hand-printed and double-spaced so that they are clearly legible. (f) Motions to Quash. A copy of the recording of a court proceeding shall not be deemed to be the official record of the proceeding. Your purchase was successful, and you are now logged in. (b) In addition to the participation of the interpreter contemplated in paragraph (a) of this rule, whenever, in the case of an indigent defendant, defense counsel reasonably believes that counsel requires a separate interpreter in order to communicate with the defendant, counsel shall make application to the court for authorization under RSA 604-A:6 for funds to hire an interpreter for the purposes of facilitating out-of-court and in-court communication between counsel and the defendant. (D) The court finds by clear and convincing evidence that the potential for conflict is very slight. The probationer shall be afforded: (1) Prior written notice of the conduct that triggers the filing of the violation; (2) Prior disclosure to the probationer of the evidence that will be offered to prove the violation and all related exculpatory evidence; (3) The opportunity to be heard in person and to present witnesses and evidence; (4) The right to see, hear and question all witnesses; (6) If a finding of chargeable is entered, a statement on the record by the court indicating in substance the evidence relied upon in reaching its determination. This program, which launched in 2010, reduces recidivism rates to 20 percent. (1) Pretrial Motions. The State and the defendant shall be represented at the dispositional conference by an attorney who has full knowledge of the facts and the ability to negotiate a resolution of the case. The court shall read the indictment or complaint to the defendant or state to the defendant the substance of the charge. That order did prohibit Hodgkins from operating a motor vehicle on the road ways of New Hampshire. Winds light and variable. . 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. Your e-mail address will be used to confirm your account. (7) Continuing Duty to Disclose. A slate of Coos County residents face felony drug charges after grand jury indictments were . Yahaira Olivier, 47, of Spruce Street, criminal threatening, deadly weapon. The application shall identify: the defendant; the offense charged; the sentence imposed; and the docket number of the case. Indictments 041522dauphinais-indictments.pdf All Content Contributors Frequently Requested Case Dauphinais Fri, 04/15/2022 - 12:00 Portable Document Format (.pdf) . Once established, movement of such equipment within the courtroom is prohibited without the express prior approval of the presiding justice. Jennifer Perez Baez, 29, of Trahan Street, first-degree assault. (a) Superior Court Complaint. The court shall inform the defendant of the right to a probable cause hearing that will be conducted pursuant to Rule 6. 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. Thats not the only trouble Gunnip was in, however. Apr. 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. (f) Sentencing. Keyser is accused of struggling with them and pulling away causing serious bodily injury to Detective Brian Gillottes left arm. (5) The defendant understands and waives the statutory and constitutional rights as set forth in the Acknowledgement and Waiver of Rights for Probation Violations form. Hearings before the Sentence Review Division shall normally be in accordance with the order the applications were recorded in the Sentence Review Division record log. Have a Question? (b) For Production of Documentary Evidence and of Objects. Whitaker has previously been convicted of unauthorized taking in Hillsborough Superior Court on Jan. 4, 2005 and in the Fifth Circuit District Division Claremont on April 14, 2016. (1) Special Assignments. 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. A party is not required by law or rule to give notice of its intent to summon a witness regardless of whether the witness is located in the state. (9) Sanctions for Failure to Comply. After a verdict, the court will immediately destroy all notes. Create a Website Account - Manage notification subscriptions, save form progress and more. Please visit GoodHire for all your employment screening needs. There shall be no filing fee for such a motion. (b) Post Trial. (C) In its discretion, the court may add additional instructions. If the defendant intends to rely upon any defense specified in the Criminal Code, the defendant shall within sixty calendar days if the case originated in superior court, or thirty calendar days if the case originated in circuit court-district division, after the entry of a plea of not guilty, or within such further time as the court may order for good cause shown, file a notice of such intention setting forth the grounds therefor with the court and the prosecution. 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. Fantasia is accused of placing a Molotov cocktail under J.H.s vehicle at 168 Merrimack St. causing damage in excess of $1,000. 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. At its option, the defense may make an opening statement. William McKenney, 39, of Main Street, four counts of aggravated felonious sexual assault. Scattered snow showers during the evening. In essence, RSA 502A:12 limits a defendant to one bite at the apple. (b) An attorney may not participate as an advocate in a trial in which the attorney has testified, unless permitted to do so by the Rules of Professional Conduct. Reamon was additionally indicted for criminal threatening with a deadly weapon on Aug. 27, having placed another in fear of imminent bodily injury by working a slide on a .40 caliber firearm and pointing the firearm at the victims head. Take a quick survey about our trail networks! In all criminal cases, the appearance of counsel for the defendant shall be deemed to be withdrawn thirty days after sentence is imposed unless the sentence imposed was a deferred sentence or unless a post-sentencing motion is filed within said thirty-day period. This determination must be made within forty-eight hours of the defendant's arrest Saturday, Sunday and holidays excepted. Except during periods when an audio or video recording is being played, all proceedings involving the judge giving preliminary instructions and taking and responding to juror questions shall be conducted on the record. 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. The court shall inform counsel of the appointment immediately in person, if present, or by telephone or electronically if counsel for the detained defendant is unavailable at the court at the time of the arraignment. Amidon has been previously convicted of theft in twice July 2017. The grand jury may also consider whether to return an indictment on a felony or misdemeanor. Any answer or objection to a motion must be filed within ten days of filing of the motion. Zachary Zhao Wang, of Syosset, N.Y., has been charged with criminal mischief for allegedly shooting out the lights of a menorah display and shooting college buildings on the night of Dec. 15, 2020 . Lakisha Nicole Johnson, 29, 1001 Union St., Apt. (2) The contents of and any attachments to the pre-sentence report shall be confidential and shall not be disclosed to anyone except as required by statute or ordered by the court. The Supreme Court adopts these rules pursuant to Part II, Article 73-A of the New Hampshire Constitution. At this time the judge will instruct the jurors on taking notes and, as to the scope of questioning, the procedure to be followed. 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. (ii) The court finds the subsequently scheduled case should take precedence due to the rights of a victim under RSA 632-A:9. Low 33F. According to the NH Law Library, an indictment is a criminal charge against a person by a Grand Jury. 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. (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. In current practice, the term chargeable is synonymous with an admission to the violation of probation. Sullivan County, NH | Official Website Property Information - parcel #, lot #, taxes, liens, zoning ordinances, etc. 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. Concord, NH - New Hampshire Attorney General John M. Formella announces that 10 individuals have been indicted by the Hillsborough County Grand Jury as a result of the ongoing investigation into the Youth Development Center (YDC), and Sununu Youth Services Center (SYSC). On Feb. 10, 2022, he is accused of placing two children, ages 8 and 3, in danger of serious bodily injury by exposing them to multiple uncapped syringes with exposed hypodermic needles with at least one of them containing fentanyl. If the defendant fails to comply with this rule, the court may exclude any testimony relating to such defense or make such other order as the interest of justice requires. 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) Trial. Roger L. Cass, 25, of 410 Marshall Hill Rd., Columbia was indicted on a charge of operating a motor vehicle after certification as a habitual offender. (b) Effective Date. The guardian ad litem shall not be subject to the fine under this rule if, at least ten days prior to the date the report is due, he or she files a motion requesting an extension of time to file the report. Winds WNW at 10 to 15 mph.. Clear skies. The court shall return its verdict within a reasonable time after trial. The value of the services was greater than $1,000. (b) State Appeals. Prior to submission of the case to the court, a party may reopen evidence for good cause shown. (2) The determination of a defendants financial ability to pay the assessment shall be made by comparing the defendants assets and income with the amount of the assessment. Separate motions must be filed. An email message containing instructions on how to reset your password has been sent to the e-mail address listed on your account. 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. (14) (A) Review may be sought for any state prison sentence resulting from a finding of guilty following trial, or as a result of entering a plea of guilty, or a finding of guilty following a plea of nolo contendere, where there is no 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 "naked plea"). Except as provided in Subsection (5), a defendant shall not be subject to separate trials for multiple offenses based on the same conduct or arising from the same criminal episode, if such offenses are known to the appropriate prosecuting officer at the time of the commencement of the first trial and are within the jurisdiction of a single court. When objecting or responding to an objection before the jury, counsel shall state only the basis, without elaboration, for the objection or response. 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. Note: The electronic case filing surcharge is not an entry fee subject to the escrow fund for court facility improvements or the judicial branch information technology fund. To find that a plea has been intelligently made, the court must fully apprise the defendant of the consequences of the plea and the possible penalties that may be imposed. 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. (D) A summary of the law to be used in their consideration of the evidence. State v. Thornton, 140 N.H. 532, 537 (1995). Upon the failure of either party to comply with the requirements of this rule, the court may exclude the testimony of any undisclosed witness offered by such party regarding the defendant's absence from, or presence at, the scene of the alleged offense. 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. (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.