If an attorney of record seeks a special assignment to a judge, a motion for special assignment shall be filed. The court shall inquire into all relevant facts, including, but not limited to, the following: (i) Evidence of the lawyer's discussion of the matter with each client; (ii) Evidence of each client's informed consent to multiple representation based on the client's understanding of the entitlement to conflict-free counsel; (iii) A written or oral waiver by each client of any potential conflict arising from the multiple representation; and. (2) The clerk's office shall permit attorneys, non-attorney representatives and parties representing themselves who have jury cases scheduled for trial during the term to have an electronic copy of the questionnaires which have been completed by the jurors presently serving. A superior court complaint charging a misdemeanor or felony is not required to be signed under oath. We also use third-party cookies that help us analyze and understand how you use this website. 3 to 5 inches of snow expected.. The court may find the defendant guilty and impose sentence. The rule requires that all communication with the panelists be recorded, and further provides that all communications should be conducted in the presence of counsel. The reckless conduct charge accuses him of setting a car on fire near a residential building. He also allegedly threw the knife in her direction as well as that of A.R., a family or household member. Robert Matteson, 29, of 199 Manchester St., witness tampering. (b) Joinder of Defendants. Photo Gallery of Sullivan House Construction. The value of the services was greater than $1,000. One stands available to interpret all on-the-record speech of the witnesses, the judge, and counsel into the defendants language and to interpret the speech of any non-English-speaking witnesses into English. 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. Examination and cross-examination of the child shall proceed in the same manner as permitted at trial. 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, Rule 2. (e) Contempt. If the person filing the motion to unseal cannot provide actual notice of the motion to all interested parties and persons, then the moving person shall demonstrate that he or she exhausted reasonable efforts to provide such notice. (h) By signing a pleading, an attorney certifies that the attorney has read the pleading, that to the best of the attorneys knowledge, information and belief there is a good ground to support it, and that it is not interposed for delay. Sign up to receive news and updates from this site directly to your desktop. (B) Instructions to the Jury when Decision Whether to Ask Questions is Made: Ladies and gentlemen of the jury, I remind you of my earlier remarks regarding juror questions. (iv) Unusual circumstances causing the respective courts to agree that an order of precedence other than the above shall take place. A party may seek reduction, suspension or amendment of a sentence as provided by law. 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. If a document is confidential in its entirety, as defined in subsection (b) of this rule, the party must follow the procedures for filing a confidential document set forth in subdivision (b). Those communications, though, like all other communications with jurors, must be recorded. News & Announcements Event Calendar Archived Press Releases It is important, however, to note that this rule does not bar a witness from later revealing the substance of the witnesss testimony before a grand jury. Failure to object shall not, in and of itself, be grounds for granting a motion. The consent of the State is not necessary for the defendant to waive the right to trial by jury. (A) Except in exceptional circumstances, all requests for continuances or postponements by the defendant in a criminal case shall be in writing signed by the defendant and counsel. If the judge does plan to impose a time limit, counsel should be notified and given an opportunity to object to the length outside the hearing of the jury. (D) The court finds by clear and convincing evidence that the potential for conflict is very slight. Tim Dockery, 35, 140 Cleveland St., Gate City, Va., was indicted in a second embezzlement case. Paragraph (d) provides that in trials adjudicating multiple charges, the number of peremptory challenges available to the parties depends on the most serious charge. (4) Except for good cause shown, not less than fourteen days prior to trial, a party seeking to offer evidence of other crimes, wrongs, or acts pursuant to Rule of Evidence 404(b), must provide the other party written notice of its intent to offer such evidence. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurred before July 1, 2016 shall be initiated in circuit court. (12) Comply with such of the following, or any other, special conditions as may be imposed by the court, the parole board or the probation/parole officer: (A) Participate regularly in Alcoholics Anonymous to the satisfaction of the probation/parole officer; (B) Secure written permission from the probation/parole officer prior to purchasing and/or operating a motor vehicle; (C) Participate in and satisfactorily complete a specific designated program; (D) Enroll and participate in mental health counseling on a regular basis to the satisfaction of the probation/parole officer; (E) Not be in the unsupervised company of minors, or minors of a specific gender, at any time; (F) Not leave the county without permission of the probation/parole officer; (G) Refrain totally from the use of alcoholic beverages; (H) Submit to breath, blood or urine testing for abuse substances at the direction of the probation/parole officer; and. At its option, the defense may make an opening statement. Upon request, the court shall permit counsel a reasonable opportunity, on the record and outside the hearing of the jury, to present additional grounds, argument, or offers of proof in support of the objection or response. Trial by the Court or Jury; Right to Appeal, Rule 23. (6) Questions may be rephrased by the judge, or the judge may ask the question in a way mutually agreeable to the parties. (c) The parties may submit additional information to the personnel conducting the evaluation but are not required to do so in the absence of an order from the court. Chance of snow 40%. If you were summoned for April 3, 2023 your additional reporting dates are here. If you were summoned for November 7, 2022 your additional reporting dates are here. each comment to let us know of abusive posts. 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. If the presiding justice has determined that pool coverage will be required, it is the sole responsibility of such media representatives, with assistance as needed from the clerk or his or her designee, to determine which media organization will provide the coverage feed. . (a)Venue Established. In the event that the court determines that the document or information contained in the document is confidential, the order shall include findings of fact and rulings of law that support the decision of nondisclosure. (b) Issuance of Arrest Warrant. (1) The following provisions govern a partys obligations when filing a confidential document as defined in this rule. In a proceeding under this rule, if the contempt charged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial or hearing except with the defendant's consent. (f) Subpoena duces tecum. Under this statute, a justice of the peace may issue a subpoena for witnesses, even if the justice is an attorney for one of the parties. Sullivan County Superior Court Juror Information LOCATION OF COURT The Sullivan County Superior Court is located at 22 Main Street, Newport. (c) Poll of Jury. (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. PETIT JURY DATES According to the NH Law Library, an indictment is a criminal charge against a person by a Grand Jury. . Subject to the provisions of paragraph (b)(8), the discovery mandated by paragraphs (b)(1), (b)(2), and (b)(4) of this rule shall be provided as a matter of course and without the need for making formal request or filing a motion for the same. (2) Assigned Docketing. Thats not the only trouble Gunnip was in, however. Michael Fantasia, 31, homeless, arson, reckless conduct, use of a Molotov cocktail and felon in possession of a dangerous weapon. On June 24, 2021, she is accused of being a robbery accomplice to Lorenzo Hicks when she ordered F.V. and H.B. to give up their house keys while Hicks assaulted F.V. and threatened both, according to the indictments. Elliot Health System Walk For Hope steps off on Sunday, Pregnant woman shot when stray bullet enters Bell Street residence, 5 people arrested. MONTICELLO - A Sullivan County grand jury, its work suspended since March due to COVID-19 and the shutdown, reconvened this week and handed up three indictments, Acting District Attorney Meagan . Click Below To Read Today's Replica Edition! The prosecution shall present evidence first in its case-in-chief. (d) Burden of Proof. (7) Waiver. The notice shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, and shall state the essential facts constituting the criminal contempt charged. (B) Copies of the application for review of sentence filed by the State shall be forwarded by the Secretary of the Sentence Review Division to the following persons: (iv) The Chief Justice of the Superior Court. 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. On Oct. 25, 2019, in Manchester, Seace is accused of engaging in tumultuous and/or violent conduct when, with Koda Seace and at least one other person, he interfered with police officers making arrests. Where a defendant in a criminal case has filed a financial affidavit and has been determined to be eligible for court-appointed counsel in the circuit court, the defendant shall not be required to file a new financial affidavit upon the appeal or transfer of the same case to the superior court unless facts are brought to the courts attention indicating that there has been a substantial change in the defendants financial circumstances. 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. In trials involving multiple charges, the number of peremptory challenges shall be the number of challenges allowed for the most serious offense charged. Should none of the three members request a hearing, the Secretary shall issue a notice to the persons set out in Sentence Review Division Rule 8 that the sentence is affirmed without hearing. 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. 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. (C) Before any attorney shall in closing argument read to the jury any excerpt of testimony prepared by the court reporter, the attorney shall furnish opposing counsel with a copy thereof prepared by the reporter. The charge is a Class B felony offense. (c) A party filing a pleading shall certify that a copy of the pleading and all attachments was mailed first class or delivered to all opposing counsel and any guardian ad litem. (2) There is reason to believe the life or safety of the witness is endangered because of the witnesss willingness or ability to testify, and the testimony expected from the witness is material to the prosecution of the case. (A) Extended Term Sentences. Updated Feb 1, 2021; 0; OSSIPEE The following people were indicted recently by a Carroll County Superior Court grand jury: More Courts & Cops. (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. 2018 NHAC Conference Workshop & Forum Handouts. The defense may provide a brief written statement of the factual background to the personnel performing the evaluation. On Aug. 29, 2021, he is accused of placing S.P. in danger of serious bodily injury when he discharged a firearm in the direction of S.P.. DOVER Timothy Gagne, a former Barrington resident, was found guilty Wednesday of 65 charges, including aggravated felonious sexual assault of a teenage girl. 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. (21) The decision of the Sentence Review Division is final. Inmates are required to do ninety days of in-house programming; which includes classes on alcohol and substance abuse, cognitive problem solving, anger management, GED preparation, wellness, re-entry, job preparation, restorative justice and other various topics, while living in the CCC. 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. (3) Misdemeanors and Enhanced Violations. No photographs of jurors or prospective jurors shall be allowed. (a) The State may move to take videotape trial testimony of any witness, including the victim, who was sixteen years of age or under at the time of the alleged offense. Each application shall specify in detail the facts upon which the applicant relies in requesting the annulment. The charge is a Class B felony offense. On March 4, 2022, he is accused of pointing a knife at M.R., an intimate partner, and telling her she was going to die before police arrived. Every hour of verified community service shall be applied against a fine at the rate of $15.00 an hour. Objections to the court's ruling in advance of trial admitting the evidence shall be transferred on appeal after trial and not in advance of trial except in the discretion of the court in exceptional circumstances. The motion shall be filed as far in advance of the proceeding as is practicable. Motions to dismiss or for a mistrial shall be made on the record. On your next view you will be asked to log in to your subscriber account or create an account and subscribepurchase a subscription to continue reading. Laremy L. Varney, 20, 1000 Stonegate Rd., Apt. The charge is a Class B felony offense. (a) Lawyers shall stand when addressing the court or examining a witness. To conduct ourselves in a professional manner and treat all offenders with respect, offering them the opportunity to better themselves through programming, education and counseling. (b) Probable Cause Determination. Thereafter, the administrative judge of the circuit court shall rule on the motion. When a probation violation is lodged against a defendant, the violation of probation and supporting statement of facts signed under oath shall be filed electronically in the court with jurisdiction over the defendant without unreasonable delay. Jeremy Burdick was a law enforcement officer, Lord-Hill climbed a fence and ran despite verbal commands to the contrary from Burdick. Upon request, in misdemeanor and violation-level cases, the prosecuting attorney shall furnish the defendant with the following: (A) A copy of records of statements or confessions, signed or unsigned, by the defendant, to any law enforcement officer or agent; (B) A list of any tangible objects, papers, documents or books obtained from or belonging to the defendant; and. 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. During the case-in-chief, the defense may introduce evidence through the prosecution's witnesses. Jacob McCann, 18, of Pine St., criminal threatening. 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. Rule 47(a) refers to the New Hampshire Judicial Branchs Language Services Plan, adopted effective February 6, 2018. On your next view you will be asked to log in to your subscriber account or create an account and subscribepurchase a subscription to continue reading. Upon the motion of either party, or on its own motion, the court may enter additional protective orders regarding the information subject to this rule.