Michael Hodgkins, 39, of Charlestown, has been indicted by the Sullivan County Grand Jury for knowingly driving a motor vehicle on Aug. 19 after having been declared a habitual offender by the Director of the Division of Motor Vehicles. Pollari was also indicted for being a principal/accomplice in the crime of forgery, having, in concert with another, written herself a check in the amount of $500 dated Jan. 28, 2019, and presented said check to the teller at Claremont Savings Bank. In any appeal, the appealing party shall make transcript requests in accordance with New Hampshire Supreme Court Rule 15 and all other applicable rules of the Supreme Court. (2) Such individual has refused or is likely to refuse to testify or provide other information on the basis of the privilege against self-incrimination. Counsel shall be prepared to discuss their availability for trial or hearing as scheduled by the court. Contact Information: Sullivan County Department of Circuit Court Clerk. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. 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. The Sullivan County Grand Jurors on Wednesday Sept. 25 indicted Amanda Bateman, 32, of Claremont, with failure to appear, a Class B felony offense. No attorney or self-represented party will be heard until an appearance is so entered. (A) Extended Term Sentences. 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. Hours: Monday - Friday, 8:00am to 4:00pm Directions From Charlestown: Head North on Route 12 to Claremont. On Jan. 16, 2022, Fox is accused of stabbing D.S. in the arm in an attempt to kill him. Follow Route 103 West all the way to Newport. (B) The Secretary shall provide copies of the application, the transcript of the sentencing hearing, and all such materials to the members of the Sentence Review Division. 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. Directions toSullivan County Superior Court. 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 property was worth $2,442. Snow this morning will give way to lingering snow showers this afternoon. The Coos County Attorney's office also charged Gingras-Jodrie with the Class A misdemeanor count of vehicular assault. The motion shall state, with particular clarity, points of law or fact that the court has overlooked or misapprehended and shall contain such argument in support of the motion as the movant desires to present; but the motion shall not exceed ten pages. A subpoena shall comply with the form required by statute and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. For the general rules governing motions in Circuit Court-District Division, see Circuit Court-District Division Rule 1.8. 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. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurred before April 1, 2017 shall be initiated in circuit court. 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. 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. Winds WNW at 10 to 15 mph.. Clear skies. He allegedly threatened some Kmart employees with a knife when they tried to stop him leaving after he pocketed a game system and left the store. Examination and cross-examination of the child shall proceed in the same manner as permitted at trial. 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. (7) Testimony of Witnesses. Notice that an extended term of imprisonment may apply pursuant to RSA 651:6 shall be provided to the defendant in writing at least twenty-one days prior to the commencement of jury selection. These rules apply to all proceedings in which a person is charged as an adult with an offense, whether a crime, such as a felony or a misdemeanor, or a violation. To preserve issues for an appeal to the Supreme Court, an appellant must have given the court the opportunity to consider such issues; thus, to the extent that the court, in its decision, addresses matters not previously raised in the case, a party must identify any alleged errors concerning those matters in a motion under this rule to preserve such issues for appeal. California Privacy Notice: If you are a California resident, you have the right to know what personal information we collect, the purposes for which we use it, and your options to opt out of its sale. To view previous press releases, see archived press releases. (b) Issuance of Arrest Warrant. Allow up to 24 hours for comment approval. They took effect in Merrimack County on January 1, 2017 and apply to criminal actions pending or filed in circuit court or superior court in Merrimack County on or after that date. The court shall hold the hearing within twenty days of the arraignment if the defendant is not in custody. So, the choo choo went, Train service would be a big flop as young people today want to travel in their own cars. The Court stated: we reiterate that RSA 502A:12 absolutely guarantees trial by jury to persons convicted in circuit court of a class A misdemeanor, and dictates, as the manner specified for exercising this right that the defendant may not alsoeither prior to, concurrently, or after his appeal to superior courtappeal that same circuit court conviction to this court. (d) In cases where the defendant is not detained, arraignment may be continued without the personal appearance of the defendant or the entry of an appearance by counsel upon timely motion made in writing if the court is satisfied with the terms of bail. Local residents faces charges of theft, drugs, criminal mischief, and insurance fraud in the February round of felony indictments handed up by a grand jury at Grafton Superior Court. 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, Sullivan County Superior Court Juror Information. 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). Several defendants facing drug charges were also indicted. 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. (h) Circuit Court-District Division Appearance on Felonies. (5) Sanctions for Failure to Comply. 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. 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. Paragraph (d) provides that in trials adjudicating multiple charges, the number of peremptory challenges available to the parties depends on the most serious charge. On Feb. 1, 2022, Phillips allegedly threatened R.M. when he motioned towards a knife sticking out of his pocket and said, Tell me what to do and the knife goes in your chest.. (iv) The Chief Justice of the Superior Court. 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). With regard to the timing of State appeals, the Supreme Court has held that the provisions of Supreme Court Rules 7 through 9 apply to State appeals as well as to defense appeals. State v. Farrow, 118 N. H. 296, 307 (1978); State v. Prevost, 105 N.H. 90 (1963). If you were summoned for April 17, 2023 your additional reporting dates are here. The defendant shall be called upon to plead to the charge, unless unrepresented by counsel, in which case a plea of not guilty shall be entered on the defendant's behalf. A person sentenced by a circuit court-district division for a class A misdemeanor may, if no appeal for a jury trial in superior court is taken, appeal therefrom to the Supreme Court at the time the sentence is declared or within thirty days after the sentence is declared. The grand jury shall consist of no fewer than twelve nor more than twenty-three members. Upon request of any party, the court shall make sufficient findings and rulings to permit meaningful appellate review. If it appears that a joinder of offenses is not in the best interests of justice, the court may upon its own motion or the motion of either party order an election of separate trials or provide whatever other relief justice may require. Go to, Photo Gallery of Sullivan House Construction, Prison Rape Elimination Act (PREA) Information. He was also indicted on charges of possessing fentanyl and cocaine base. Only one attorney for each party is permitted to examine or cross-examine each witness. (ATLANTA) -- The Fulton County, Georgia, grand jury investigating efforts by former President Donald Trump and his allies to overturn the results of the 2020 election has recommended to prosecutors that they seek indictments against witnesses who they believe may have lied during their testimony, according to excerpts of the grand jury's report (A) Whenever a motion to suppress evidence is filed before trial in any criminal case, the court will determine, in its discretion, whether to hear the motion in advance of trial or at the trial when the evidence is offered. The provisions of Rule 36 are 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). In a separate case, Malone was also indicted on a criminal impersonation charge. The defendant is entitled to admission to bail as provided by statute. High around 35F. Unlike felony cases, misdemeanor offenses need not undergo the grand jury process. He also is accused of hiding the gun he fired and throwing a sweatshirt he wore in the trash before fleeing the scene. The email header shall include the caption of the case and its docket number. Paragraphs (a) through (c) of Rule 16 derive from RSA 517:13-a, I through III. Welcome! Links are grouped by those that cover courts statewide, for multiple counties, and then by individual county. Thank you for signing in! He also is accused of holding a metallic object against J.G.s cheek and saying I have a gun several times. The same procedure may be followed to annul a record of arrest when a charge has been nol prossed, dismissed, the defendant was not prosecuted or has been found not guilty. In imposing such limitations, the presiding justice may give preference to requests to photograph, record, or broadcast made by a representative of an established media organization that disseminates information concerning court proceedings to the public. The Sullivan County Superior Court is located at 22 Main Street, Newport. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period shall extend until the end of the next day that is not a Saturday, Sunday, or a legal holiday as specified in RSA chapter 288. (7) Any application for sentence review that is filed after thirty (30) days from the date of sentencing shall be rejected and returned with notice to all parties that the application is denied as untimely. If at any time during the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may take such action as it deems just under the circumstances, including, but not limited to: (A) ordering the party to provide the discovery not previously provided; (B) granting a continuance of the trial or hearing; (C) prohibiting the party from introducing the evidence not disclosed; and (D) assessing costs and attorneys fees against the party or counsel who has violated the terms of this rule. The Courthouse will be on your left in the Opera House Building. Jeremy Burdick was a law enforcement officer, Lord-Hill climbed a fence and ran despite verbal commands to the contrary from Burdick. The preliminary examination is not a trial on guilt or innocence. (1) General Rule. Thereafter, the chief justice shall rule on the motion. Rule 19 contemplates the transfer of whole cases, or of particular proceedings in cases, even in the absence of a related pending case or proceeding in the county to which transfer is sought. When a person is arrested with a warrant, the complaint, and the return form documenting the arrest shall be filed in a court of competent jurisdiction without unreasonable delay. (b) Questioning of Witnesses by Jurors. (8) (A) Copies of the application for review of sentence filed by the defendant shall be forwarded by the Secretary of the Sentence Review Division to the following persons: (ii) The County Attorney or Attorney General; (iii) The defendant's attorney of record; and. (e) The guardian ad litem appointed under this rule shall be compensated at the same hourly rate and shall be subject to the same case maximums as set forth for defense counsel in misdemeanor cases under the provisions of Supreme Court Rule 47. Noah Scanlon, 22, of Sagamore Street, criminal threatening, second-degree assault and criminal restraint. (iii) Has otherwise formally been disciplined or sanctioned by any court in this state. The grand jury shall receive, prior to performing its duties, instructions relative thereto and shall be sworn in accordance with law. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or other objects designated therein at the time and place specified therein. Childress was indicted on a single charge of theft over $1,000 recommended by the state due to the continuing nature of the alleged crime, according to an affidavit. Stephanie Beard, 24, of Quincy Street, who is charged with second-degree murder in the killing of John Glennon, 71, on May 14, 2022, at the Carpenter Center, was indicted on two counts of possessing fentanyl. The Sullivan County Grand Jury indicted Jody E. Barry, 35, of Claremont, with driving a motor vehicle while under the influence of a substance that impairs a persons ability to drive, causing a collision to the person of Jody E. Barry, and having done so while on release from Grafton County Superior Court. (k) Unless otherwise ordered by the presiding justice, the following standing orders shall apply to all recording, photographing or broadcasting of proceedings within any courtroom: (1) No flash or other artificial lighting devices shall be used. In Hillsborough 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 September 1, 2017 shall be initiated in superior court. Take a right at end of exit ramp onto Route 103 West. A Coos County grand jury has indicted Ryan Gingras-Jodrie, 24, of Groton, Mass., with reckless conduct. Prior to imposition of an extended term of imprisonment, the court shall hold a hearing to determine if the jury or the court has made the necessary factual findings. Prior to submission of the case to the court, a party may reopen evidence for good cause shown. 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. (b) Official court reporters, court monitors and other persons employed or engaged by the court to make the official record of any court proceeding may record such proceeding by video and/or audio means without compliance with the notice provisions of section (a) of this rule. Winds light and variable. Click Below To Read Today's Replica Edition! The court will then determine whether the defendant has the financial ability to pay the assessment. (1) General. The court may prohibit the use of any equipment that requires the laying of cords or wires that pose a safety hazard or impair easy ingress and egress from the courtroom. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurred before January 1, 2016 shall be initiated in circuit court. A party may seek reduction, suspension or amendment of a sentence as provided by law. Jurors will be asked to put their seat number on the back of the question. (a) Any person may request a copy of the audio recording of a hearing except when a case or proceeding is confidential by statute, court rule or order. Your e-mail address will be used to confirm your account. (a) Superior Court Complaint. (g) Scope of Depositions. The Supreme Court's review in such cases shall be limited to questions of law. On Jan 31, 2022, Brodeur is accused of threatening M.H. and F.D. with a BB gun. An email message containing instructions on how to reset your password has been sent to the e-mail address listed on your account. An order will be issued setting forth the courts ruling on the motion to seal. (2) If the defendant is detained pending arraignment, his or her arraignment shall be scheduled within 24 hours, excluding weekends and holidays unless the person was arrested between 8:00 a.m. and 1:00 p.m. and the persons attorney is not available in which case the arraignment shall take place within 36 hours of arrest, Saturdays, Sundays and holidays excluded. (B) The nature of the case to be presented. (G) The name and address of each court or agency and a full identification of each proceeding in which the applicant has filed an application to appear pro hac vice in this state within the preceding two years; the date of each application; and the outcome of the application. If a court finds that a fair and impartial trial cannot be had in a county or judicial district in which the offense was committed, it may, upon the motion of the defendant, transfer the case to another county or judicial district where a fair and impartial trial may be had. The Constitution of 1876 requires a grand jury indictment for prosecution of a felony. Prior to being dismissed, a witness is subject to recall by either party. (e) Waiver of Arraignment. (C) Before any attorney shall in closing argument read any excerpt of testimony prepared by the court reporter, the attorney shall furnish opposing counsel with a copy thereof prepared by the reporter. A chase ensued, and Clifton was taken into custody near 1750 Rock Springs Road. With the consent of all parties, the trial judge may permit jurors to pose written questions. RSA 606:10 governs States appeals. (1) Petition to Annul Criminal Record $ 125.00, (2) Application to Appear Pro Hac Vice $ 350.00, (3) Certificates and Certified Copies $ 10.00. 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 application shall be signed and sworn to by the defendant. Failure to object shall not, in and of itself, be grounds for granting a motion. 3A Boulder sex offender indicted by a grand jury and accused of using drugs and violence to force multiple women into prostitution and paying for sex with a 12-year-old girl is set for trial in June. 1984). The circuit court-district division, upon receipt of the order, shall annul the record of the charge or charges which were the subject of the superior court order of annulment. (1) No confidential document or document containing confidential information shall be filed under seal unless accompanied by a separate motion to seal consistent with this rule. (1) Deadlines for Filing Plea Agreements. According to the NH Law Library, an indictment is a criminal charge against a person by a Grand Jury. Submitting this form below will send a message to your email with a link to change your password. There is 2-hour parking in front or in the public parking area at the median. 11 RULE 5. (i) Withdrawal of Appointed Counsel. On April 19, 2022, Crawford is accused of choking "C.C.", an intimate partner, by wrapping his arm around her neck and applying pressure. What is a Grand Jury Indictment? in a case and an indictment or presentment is required for further proceedings. The Sulllivan County Grand Jurors indicted Nicholas Beattie, 34, of Grantham, with criminal threatening with a deadly weapon, a Class B felony, on July 13. (6) Questions may be rephrased by the judge, or the judge may ask the question in a way mutually agreeable to the parties. 3, criminal threatening. that is degrading to another person. Timothy Brandon Jones, 29, 443 Boyd Road, Bluff City, theft under $500, identity theft, uttering a forgery. (i) not less than 60 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 provide the other party written notice of its intent to offer such evidence. (A) At such time as the court may reasonably permit, any party may request specific jury instructions. The charges were included in Cheshire County Superior Court's monthly release of grand jury indictments Friday. (2) Assigned Docketing. 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. 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. (f) Probation. Among those indicted was Monte Wayne Wisecup, 34, of Vanceburg, KY on charges of involuntary manslaughter (first-degree felony), trafficking in a fentanyl-related compound (fifth-degree felony . PETIT JURY DATES John Anders is facing three counts of felony sexual assault for the alleged incidents, which happened between 2017 and 2020, according to indictments from the Sullivan County Grand Jury. Please avoid obscene, vulgar, lewd, (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. Keep it Clean. 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. An agreement of the parties that a document is confidential or contains confidential information is not a sufficient basis alone to seal the record. 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. Days later, Kristi Stone called police to say her husband tried to run her off the road. On Dec. 13 Miller was arrested again for the same offense at 131 Mulberry Street in Claremont. The court, in its discretion, may grant such a motion after trial commences. (22) The Secretary shall send the final order to the Clerk of Court for the court in which sentence was imposed, the sentencing judge, defendant, defense counsel, the Department of Corrections, and the County Attorney or the Attorney General's office. Except as provided in subsection (f) or (g) of this rule, unless the defendant waives the presence of counsel at the arraignment in writing or on the record, the court shall take no other action at the arraignment aside from (1) advising the defendant of the charges against him or her and entering a pro forma plea of not guilty (or no plea in a felony case if filed in the circuit court) on the defendant's behalf, and (2) informing the defendant that the issue of bail and any other issue requiring an adversary hearing will not be addressed until his or her counsel is present. (b) Superior Court. If you forget it, you'll be able to recover it using your email address. (A) Record information must be requested in writing and include the individuals full name and, if available, the individuals date of birth. (1) Any misdemeanor complaint filed with the court without specification of the classification shall be presumed to be a class B misdemeanor unless specified by law or unless the State files a notice of intent to seek class A misdemeanor penalties before or at the time of arraignment. (1) Violations. (a) Summoning Grand Juries. The court may grant or deny an annulment without a hearing. An appeal may not be withdrawn after the record of appeal has been sent to the superior court. After a case has been submitted to the jury and the jury has retired for deliberations, counsel shall not leave the courthouse without permission of the court. You have permission to edit this article. (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.
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