An offense that is punishable by a term of imprisonment exceeding one year may be prosecuted by a complaint with a waiver of indictment. We hope that you continue to enjoy our free content. (6) Motions Seeking Additional Discovery. (19) If the Sentence Review Division orders a different sentence, the Division shall issue a written order confirming the new sentence as modified. accounts, the history behind an article. Notifications from this discussion will be disabled. James Perry, 31, of Claremont, was indicted for a Class B felony offense, bail jumping, for failing to appear in court as agreed. At this time the judge will instruct the jurors on taking notes and, as to the scope of questioning, the procedure to be followed. Enter rotary and stay to the left. (1) Pretrial Motions. Put it. 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. At its option in such a case, the defense may open immediately thereafter or after the prosecution has concluded its case-in-chief and before presenting defense evidence. 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. (11) Reopening Evidence. On Jan 31, 2022, Brodeur is accused of threatening M.H. and F.D. with a BB gun. This program, which launched in 2010, reduces recidivism rates to 20 percent. (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. (c) Expert Witness. You have permission to edit this article. Invalid password or account does not exist. When a misdemeanor conviction is appealed to superior court, the charging document is the complaint that was filed in the circuit court-district division. 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. Luis Concepcion, 51, of Chestnut Street, theft by unauthorized taking, receiving stolen property, reckless conduct and possession of cocaine. 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. They took effect on January 1, 2016 and apply to criminal actions pending or filed in circuit court or superior court in Cheshire and Strafford Counties on or after that date. Any person or entity not otherwise entitled to access may file a motion or petition to gain access to any sealed or confidential court record. 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. In each case, the motion shall fully state all reasons and arguments relied upon. Any such reduction shall be without prejudice to the defendant's right to a further bail hearing, with counsel present, as specified in subsections (d) or (e) of this rule. (c) The clerk shall schedule a pretrial conference, to be held within forty-five days of the filing of an indictment, for the purpose of establishing a discovery schedule and trial date. Contemporaneously with the furnishing of such witness list and to the extent not already provided pursuant to paragraph (b)(1) of this rule, the State shall provide the defendant with all statements of witnesses the State anticipates calling at the trial or hearing. He also allegedly threw the knife in her direction as well as that of A.R., a family or household member. (C) The lawyer notifies the court of the multiple representation and a hearing on the record is promptly held. (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. Take a quick survey about our trail networks! Jason Martinez Morales, 28, of Somerville Street, two counts of reckless conduct. Where can I obtain a certified copy of a birth, death, marriage, or divorce certificate. According to the indictments, on March 7, 2022, Caballery fired a handgun and, acting in concert with Jennifer Sennott, struck N.G. in the back of the head with a firearm. (e) Gerstein Determination. New Hampshire certified police officers who are not members of the New Hampshire Bar may prosecute misdemeanors and violation offenses on behalf of the State in the Circuit Court-District Division. Courts and parties should note that RSA 596-A:3 requires the court to caution a defendant about the right to counsel and the right to remain silent. 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. Bemis told her he would take her down and that she would regret speaking to police about it, according to the indictment. (D) For purposes of this rule, a statement of a witness means: (i) a written statement signed or otherwise adopted or approved by the witness; (ii) a stenographic, mechanical, electrical or other recording, or a transcript thereof, which is a substantially verbatim recital of an oral statement made by the witness and recorded contemporaneously with the making of such oral statement; and. Randolph Scott Clark, 39, was indicted in 2022 on three counts of human trafficking for sexual servitude, human trafficking of a minor for sexual servitude, pimping, three counts of . (8) The judge shall instruct the jury substantially as follows. (e) All information provided pursuant to this rule is for the purpose of evaluating the sanity or competency of the defendant and may not be used for any other purpose without permission of the court. Marcus Reed-Meza, 18, of Sullivan Street, reckless conduct with a deadly weapon. The waiver must be in open court and on the record. On June 10, 2021, Perez Baez is accused of striking S.R.C. in the body with brass knuckles. (b) Joinder of Defendants. (B) Sentences may also be reviewed following a re-sentencing if the original sentence has been set aside by judicial process other than by the Sentence Review Division. (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. A motion to set aside a jury verdict or a non-jury verdict announced on the record in open court shall be filed within ten days after its rendition, and a motion to set aside any other verdict or decree shall be filed within ten days from the date on the clerks written notice with respect to same, which shall be mailed by the clerk on the date of the notice. Chance of snow 40%. The application shall state, and the parties shall be orally notified, that: (A) the parties have a statutory right to a review of the sentence; and. 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. Robert Matteson, 29, of 199 Manchester St., witness tampering. Failure to object shall not, in and of itself, be grounds for granting a motion. 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. (B) After the close of evidence, the defense shall argue first and the prosecution shall argue last. Deadline for Criminal Appeals to the Supreme Court, Rule 37. The presiding justice also may require representatives of the media to arrange pool coverage. (1) The court will not hear any motion grounded upon facts, unless they are verified by affidavit, or are apparent from the record or from the papers on file in the case, or are agreed to and stated in writing signed by the parties or their attorneys; and the same rule will be applied as to all facts relied on in opposing any motion. The charge is a Class B felony offense. 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. Thomas E. St. Louis, 50, of Hevey Street, two counts of criminal threatening and second-degree assault. Turn right andfollow Route 10 South into Newport. The party who called the witness will proceed first. (a) Information from the State. It is mandatory to procure user consent prior to running these cookies on your website. Be Truthful. CCC males and females- 5:00pm to 9:40pm Monday through Friday, 07:30am to 9:40pm Saturday and Sunday. The court shall inform counsel of the appointment as soon as reasonably possible by telephone, facsimile or electronically. (1) Related Offenses. In criminal cases either party may take the deposition of any witness, other than the defendant, by agreement of the parties and with the assent of the witness, except as prohibited by statute. Gunnip was further charged with conspiracy to commit assault on Aug. 17, in that he agreed with another man to commit the crime, so that man could assault another person. If the cost does not exceed $500 in superior court proceedings, no motion is required. An order will be issued setting forth the courts ruling on the motion to seal. An agreement of the parties that a document is confidential or contains confidential information is not a sufficient basis alone to seal the record. 3 to 5 inches of snow expected.. (21) The decision of the Sentence Review Division is final. Latisha Jackson, 31, of Mountain Laurel Way, two counts of reckless conduct and one charge of criminal mischief. (4) Acknowledgment and Waiver of Rights Forms. The deadline for filing all pretrial motions other than discovery related motions, including but not limited to motions for joinder or severance of offenses, motions to dismiss, motions to suppress evidence, Daubert motions, and other motions relating to the admissibility of evidence that would require a substantial pretrial hearing, shall be sixty days after entry of a plea of not guilty or fifteen days after the dispositional conference, whichever is later. Jennifer Lynn Byrns, 26, 344 Glen Ave., Kingsport, assault, resisting arrest, obstruction of process. Counsel should ordinarily be trial counsel below. (B) Information which, if publicly disclosed, would substantially impair: (i) the privacy interests of an individual; or, (ii) the business, financial, or commercial interests of an individual or entity; or, (iii) the right to a fair adjudication of the case; or. Sign up to receive news and updates from this site directly to your desktop. As you enter Newport , you will go down a hill ( Sunapee Street ) and see Main Street ahead. PUBLIC ACCESS TO COURT PROCEEDINGS Citizens can access WebEx hearings and court proceedings in the Superior Courts by sending a request that includes the case number to the email address listed below. Please disable your ad blocker, whitelist our site, or purchase a subscription. The application shall identify: the defendant; the offense charged; the sentence imposed; and the docket number of the case. (1) Any person who seeks access to a document or portion of a document that has been determined to be confidential shall file a motion with the court requesting access to the document in question. According to the NH Law Library, an indictment is a criminal charge against a person by a Grand Jury. Also among them were: Reagan Crawford, 38, of 555 Canal St., attempted murder and two counts of second-degree assault. (g) Nothing in this rule shall prevent the court from increasing a detained or non-detained defendant's bail or conditions of bail without the presence of counsel when the court makes a specific finding that such increase is necessary to reasonably assure the appearance of the defendant as required or that release without such increase will endanger the safety of the defendant or any other person or the community. Blountville, TN 37617. Madigan failed to disclose to the Department of Health and Human Services that his eligibility had changed. (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.