sullivan county nh grand jury indictments

(5) Relief from Prejudicial Joinder. (C) The defendant's prior criminal record. The penalty for possession a controlled drug is 3 to 7 years in state prison and a $25,000 fine. (2) In all cases, the court shall have the responsibility to ensure that each empanelled juror is qualified, fair, and impartial. (f) Motions to Quash. (2) Assigned Docketing. On Feb. 6, 2022 in Bennington, Desmarais was driving a snowmobile while under the influence and was involved in a collision, injuring himself. 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. According to the indictment, Scott was criminally liable on March 7, 2022, as an accomplice when N.G. was robbed of $200 in cash and struck in the back of the head with a firearm by Angel Caballery. The charge is a Class B felony offense. (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. On June 21, 2021, as an accomplice with two other people, Cruz is accused of removing merchandize valued at more than $1,500 from Victorias Secret at the Mall of New Hampshire. (d) A no contact order in a domestic violence, stalking, or similar matter shall not prevent either party from filing appearances, motions, and other appropriate pleadings. If the court rejects a plea agreement, the court shall so advise the parties, and the defendant shall be afforded the opportunity to withdraw the plea of guilty or nolo contendere. (4) The bailiff will collect the anonymous questions and deliver them to the judge. See Rule 37. K-1. Opening statements shall not be argumentative, and except by prior leave of the court, shall be no longer than thirty minutes. The courts sentence is vacated pending appeal except as otherwise provided by statute. (a) Circuit Court-District Division. KINGSPORT A Sullivan County grand jury handed down indictments against several defendants Wednesday. (4) Mandatory Joinder-Limitations on Separate Trials for Multiple Offenses. In essence, it is a hearing to determine whether probable cause exists. More entitlement seems to be the. (H) Statistical information concerning the sentences imposed for the same crime committed by other individuals in the State of New Hampshire. Isaiah Michaels, 19, of Greer, S.C., two counts of aggravated felonious sexual assault. A woman who lives in the Dover area has been indicted on multiple drug possession charges by a grand jury at Strafford County Superior Court. If the court determines that there is probable cause to believe that a charged offense has been committed and the defendant committed it, the court shall hold the defendant to answer in superior court. (C) If confidential information is required for filing and/or is material to the proceeding and therefore must be included in the document, the filer shall file: (i) a motion to seal as provided in subdivision (d) of this rule; (ii) for inclusion in the public file, the document with the confidential information redacted by blocking out the text or using some other method to clearly delineate the redactions; and. The court shall return its verdict within a reasonable time after trial. 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. Share with Us. The following discovery and scheduling provisions shall apply to all criminal cases in the superior court unless otherwise ordered by the presiding justice. Please purchase a subscription to read our premium content. Whitaker, 48, of Claremont was arrested on May 22 for three counts of theft by unauthorized taking. He also allegedly fired a handgun on Elm Street during the busy bar closing time. (b) Indirect Contempt. The superior court will dismiss without prejudice all felony complaints and enhanced misdemeanors if the defendant has not been indicted within 60 days after the defendant has appeared in superior court to answer to the 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. (3) Motions to Continue. Threats of harming another A circuit court-district division complaint charging a class A misdemeanor or felony shall be signed under oath, provided that a complaint filed by a police officer, as defined in RSA 106-L:2, I, for a violation-level offense or a class B misdemeanor shall not require an oath. Phone: (423) 279-2752. Suspension of Rules; Violations of the Rules of Court, Rule 42. Candidates Declared major candidates. Please feel free to contact our department with the means that best fits your convenience via phone at 603-542-8717. Counsel should ordinarily be trial counsel below. They took effect in Belknap County on July 1, 2016 and apply to criminal actions pending or filed in circuit court or superior court in Belknap County on or after that date. Prior to being dismissed, a witness is subject to recall by either party. 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) The defendant does not have the right to be present, present evidence or cross-examine witnesses. Hayden had less than half an ounce of cocaine, LSD, oxycodone, and some buprenorphine and was accused of intending to sell it in concert with Steve Kitchen. Adam Bemis, 38, of 445 Willow Street, four counts of aggravated felonious sexual assault (AFSA), felonious sexual assault, three counts of indecent exposure and three counts of witness tampering. Hayden, 38, of Claremont was arrested on April 29 at 23 Trinity Street in Claremont for possession of a controlled drug. The Sullivan County Grand Jurors on Wednesday Sept. 25 indicted Alan Wirkkala, 52, currently in residence at the Sullivan County House of Corrections, with committing an assault against a man by punching/striking him around the head on Aug. 27. To view previous press releases, see archived press releases. The charge is a Class B felony offense. Clerks Office; Judges Chambers; Communications with the Court, Rule 49. Among them was a Kingsport man who was jailed in connection with a New Years Day burglary and robbery of one acquaintance who then allegedly falsely accused another acquaintance of stealing his car. (a) By Agreement. Tawni Chamberlain, 31, of Fisherville Road in Concord on a felony habitual offender charge. If the motion is denied, the courts ruling shall be supported by findings of fact with respect to the allegations contained in the motion. 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. 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. Upon issuance of an order of annulment in superior court, in a case that originated in circuit court-district division, the clerk of the superior court shall transmit a copy of the order of annulment to the circuit court-district division. On May 9 2021, he allegedly drove a vehicle at a high rate of speed on Kosciuszko street while multiple pedestrians were crossing the street and also drove at a high rate of speed on Elm Street, running two red lights. The email header shall include the caption of the case and its docket number. (b) Effective Date. She failed to surrender for service of a sentence at the house of corrections beginning on May 9 as directed by the sentencing order. (g) Arraignments on Misdemeanors and Violations. (E) Evidence of conduct or statements made during the dispositional conference about the facts and/or merits of the case is not admissible as evidence at a hearing or trial. 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. (2) Appeal for Trial De Novo in the Superior Court. (3) Upon request, a grand jury witness shall be given reasonable opportunity to consult with counsel. Any person who is arrested on a warrant issued pursuant to an indictment or complaint and who is not released on bail set by a bail commissioner shall be taken before the superior court without unnecessary delay. Separate motions must be filed. See generally Petition of WMUR Channel 9, 148 N.H. 644 (2002) (decided under prior version of the rule). When such a bona fide question arises, the court shall proceed in accordance with RSA 135:17, RSA 135:17-a, and any other applicable statutes. 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. Rule 17(d) addresses the summoning of witnesses located outside the state and reflects the procedure for summoning out-of-state witnesses established by the Uniform Act, RSA ch. (A) Record information must be requested in writing and include the individuals full name and, if available, the individuals date of birth. 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. When any party files a motion in any superior court or circuit court-district division requesting the transfer of a case, or of a proceeding therein, there pending to another court, the presiding judge may, after giving notice and an opportunity for a hearing to all parties, order such transfer. Such motions shall be filed before the commencement of the trial. (2) An attorney who is not a member of the New Hampshire Bar seeking to appear pro hac vice shall file a verified application with the court, which shall contain the following information: (A) The applicant's residence and business address; (B) The name, address and phone number of each client sought to be represented; (C) The courts before which the applicant has been admitted to practice and the respective period(s) of admission; (i) Has been denied admission pro hac vice in this state; (ii) Had admission pro hac vice revoked in this state; or. The probable cause hearing shall not be held if the defendant is notified before the hearing of an indictment on the charge that would have been the subject of the hearing or if the clerk of the Circuit Court receives reliable information that the defendant has been indicted on the charge which would have been the subject of the hearing. Scattered snow showers during the evening. The time limitations set forth in this section shall not be relaxed except upon a showing of good cause. Jurors will be asked to put their seat number on the back of the question. This is the name that will be displayed next to your photo for comments, blog posts, and more. The appropriate Acknowledgment and Waiver of Rights form shall be read and signed by the defendant, counsel, if any, and the presiding justice. The second interpreter would provide interpretation of confidential attorney-client communications, when the attorney is not fluent in the defendants language. Except as is provided in (i) below, no attorney shall be permitted to withdraw an appearance after the case has been assigned for trial or hearing, except upon motion granted by the court for good cause shown, and on such terms as the court may order. In reaching its decision, the Sentence Review Division will give consideration, but is not limited to, the following objectives of the New Hampshire Criminal Code sanctions: (A) Isolation of the offender from society to prevent criminal conduct during the period of confinement; (B) Rehabilitation of the convicted offender into a non-criminal member of society; (C) Deterrence of other members of the community who might have tendencies toward criminal conduct similar to those of the offender; (D) Deterrence of the defendant, himself or herself; (E) Reaffirmation of social norms for the purpose of maintaining respect for the norms themselves; (F) The individual characteristics of the defendant prior to the imposition of the sentence, except that information, which does not affirmatively appear on the record or in the judge's statement of reasons for the sentence, shall be excluded; (G) The facts and circumstances of the crime or crimes which affirmatively appear in the record of the proceedings; and. In addition to the HTO law violation, Jackie D. Clifton Jr., 37, 2108 New Beason Well Road, Kingsport, was indicted on charges of aggravated assault by the use or display of a deadly weapon, felony reckless endangerment, felony evading arrest, violation of the implied consent law, driving under the influence, and DUI sixth offense. Where do I get information about Criminal History Record Requests? 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. (f) Copy of Complaint. On Feb. 19, 2022, Mateo is accused of striking K.R. in the head with a handgun, causing a laceration. (C) Not later than ten calendar days before the final pretrial conference or, in the case of a pretrial evidentiary hearing, not less than two calendar days prior to such hearing, the defendant shall provide the State with a list of the names of the witnesses the defendant anticipates calling at the trial or hearing. The judge may also impose a time limit. The court shall read the indictment or complaint to the defendant or state to the defendant the substance of the charge. Court, 106 N.H. 48 (1964). On Jan. 16, 2022 in Goffstown, King is accused of confining R.P., by punching her and pointing a gun at her head and pulling the trigger, exposing her to the risk of serious bodily injury. The justice presiding at the pretrial hearing need not be disqualified from presiding at the trial. The bail commissioner shall request the defendant to complete the Request for a lawyer form prior to his or her release or detention, in which case the bail commissioner shall forward the Request for a lawyer form to the court or the defendant may return the Request for a lawyer form directly to the court in which his or her arraignment is scheduled. Only one attorney for each party is permitted to examine or cross-examine each witness. In sum, these provisions require the record to reflect that a factual basis for the charge exists; the defendant understands the crime charged and its factual basis; the plea is knowing, intelligent, and voluntary; the plea is not the result of threats or promises; and the defendant appreciates the constitutional rights being waived as part of the plea. 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. No motion seeking discovery of any of the materials required to be disclosed by paragraphs (b)(1), (b)(2) or (b)(4) of this rule shall be accepted for filing by the clerk of court unless said motion contains a specific recitation of: (A) the particular discovery materials sought by the motion; (B) the efforts which the movant has made to obtain said materials from the opposing party without the need for filing a motion; and (C) the reasons, if any, given by the opposing party for refusing to provide such materials. (3) If a warrant has issued for the defendants failure to appear at arraignment on complaints filed before indictment, or any other pre-indictment hearing in superior court, the indictment deadline in paragraph (2) shall not apply. Should he choose the de novo jury trial in superior court and again be convicted there, he may of course appeal that conviction to this court. Thompson, 165 N.H. at 788. Have a Question? The attorney shall be afforded an opportunity to be heard prior to the start of trial. Snow this morning will give way to lingering snow showers this afternoon. Fax: (423) 323-3741. Rule 48 is consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rule 1.6 (Clerks office and judges chambers). Ah yes, the GOP, the party of professional obstructionists. (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. He also is accused of choking her. If not signed by the defendant, counsel for the defendant may certify the following: (A) That the charges and potential penalties have been discussed with the defendant; (B) That the personal information of the defendant is accurate; (C) That the defendant has been advised and understands that existing bail orders remain in effect pending disposition of the case or modification by the court; and. (b) Post Trial. If the court permits note-taking, after the opening statements the court will supply each juror with a pen and notebook to be kept in the juror's possession in the court and jury rooms, and to be collected and held by the bailiff during any recess in which the jurors may leave the courthouse and during arguments and charge. The court shall inform the defendant of the complaint, the right to counsel, and the right to a probable cause hearing. 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. Felonies and misdemeanors punishable by a term of imprisonment exceeding one year shall be charged by an indictment. The defendants assets shall include all real and personal property owned in any manner by the defendant, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law. (1) Special Assignments. (B) The judge shall have broad discretion in the conduct of the dispositional conference. Then partly to mostly cloudy overnight. (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. None of the information offered by this site can be used for assessing or evaluating a person's eligibility for employment, housing, insurance, credit, or for any other purpose covered under the Fair Credit Reporting Act. 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. If the evidence is found to be inadmissible, it will not be admitted at the trial and the prosecution shall not refer to such evidence at any time thereafter. 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. The trial judge shall join the charges for trial unless the trial judge determines that joinder is not in the best interest of justice. If you were summoned for December 19, 2022 your additional reporting dates are here. A factor which may be considered by the court in determining whether good cause to withdraw has been shown is the client's failure to pay for the attorney's services. (5) Objections; Offers of Proof. (a) In any case where a person is arrested for a class A misdemeanor and/or felony and appears before a bail commissioner, prior to the defendant's release or detention, the bail commissioner shall provide the defendant with oral and written notice that, if he or she is unable to afford counsel, counsel will be appointed prior to that arraignment, if requested, subject to the state's right of reimbursement for expenses related thereto. (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. 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.. (2) Further delay will impair the child's ability to recall and relate the facts of the alleged offense. (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 Among those indicted was Justin . The Supreme Court adopts these rules pursuant to Part II, Article 73-A of the New Hampshire Constitution. (B) If a hearing is held in advance of trial, neither the prosecution nor the defendant shall be entitled to a further hearing by the court on the same issue at the trial. The indictment states that on April 14, Hale caused serious bodily harm to a person under 13, in discharging a firearm through the ceiling of a residence, resulting in a bullet striking 3 year old child and causing serious bodily injury. Perry, 30, of Claremont was arrested on Jan. 3 near 72 Sullivan Street in Claremont for possession of fentanyl, a controlled schedule II drug. (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. 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. However, absent an appearance by counsel on behalf of the defendant, no case in which a defendant is charged with a class A misdemeanor or felony shall be continued for arraignment to a date less than thirty (30) days before trial. Each application shall specify in detail the facts upon which the applicant relies in requesting the annulment. The Sentence Review Division record log shall be open for public inspection. It is mandatory to procure user consent prior to running these cookies on your website. 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. Copyright (c) 2022 Manchester Ink Link. No attorney or self-represented party will be heard until an appearance is so entered. (g) Scope of Depositions. Some clouds this morning will give way to generally sunny skies for the afternoon. 1984). CONCORD, NH The following people were indicted recently in Merrimack County Superior Court. The court also shall provide reasonable advance notice to the defendant of the following: (a) that, as a result of the hearing, the defendant may be immediately incarcerated if the court finds that the defendant has willfully failed to comply with the courts prior order(s) to pay an assessment or perform community service; (b) that the issues at the hearing will be whether the defendant has the ability to pay the assessment or perform the community service previously ordered and has willfully failed to do so; that the defendant has the burden of proof with respect to these issues; and that the defendant should be prepared at the hearing to provide testimony and answer questions, present witnesses, and furnish documentation or other information bearing on the issues of his financial circumstances and ability to pay the assessment or perform the community service. There is 2-hour parking in front or in the public parking area at the median. Police said he backed out of a driveway at 2114 Steadman St. on Dec. 18 and almost struck an officer who had told him to get out of his vehicle. I will permit you to submit written questions to witnesses under the following arrangements. (c) Documents Containing Confidential Information. Unlike felony cases, misdemeanor offenses need not undergo the grand jury process. 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. 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. Allow up to 24 hours for comment approval. If the record does not reflect that a plea is voluntarily and intelligently made, it may be withdrawn as a matter of federal constitutional law. If a record of the proceedings is not available, the trial judge shall make a record of the request, the court's findings, and its order. On Aug. 22 the Grand Jury of the Sullivan County Superior Court in Newport handed down several indictments. 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. (i) The court may issue a bench warrant for the arrest of any defendant who fails to appear on the designated date for his appearance, or who fails to answer by waiver or who fails to comply with any order of the Court.