sullivan county nh grand jury indictments
(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. Havlir is accused of making false statements to the Department of Health and Human Services. We will strive to do our best to never act in a manner that diminishes the integrity of our community, ourselves, fellow officers or our facility. Once established, movement of such equipment within the courtroom is prohibited without the express prior approval of the presiding justice. NEWPORT The grand jurors for the State of New Hampshire on June 26, upon their oath, present that: Doxter, 41, of Newport had to report to the Sullivan County House of Corrections for a felony offense of willful concealment, third offense. Site by Manon Etc. (a) By Agreement. If two or more defendants are charged with related offenses as defined in Rule 20(a)(1), the court may order joinder of the trials of the defendants so long as joinder does not violate the constitutional rights or otherwise unduly prejudice any of the defendants. Rule 14(b)(1)(A) provides that in every case in which a prosecutor may seek the imposition of an extended term of imprisonment pursuant to RSA 651:6, the prosecutor must give notice to the defendant prior to the commencement of the trial. Not less than forty-five days prior to the scheduled trial date, any defendant who intends to offer evidence of specific prior sexual activity of the victim with a person other than the defendant shall file a motion setting forth with specificity the reasons that due process requires the introduction of such evidence and that the probative value thereof to the defendant outweighs the prejudicial effect on the victim. (3) No recording, photographing, or broadcasting equipment may be moved into, out of, or within the courtroom while court is in session. (3) The following provisions govern a partys obligations when filing a confidential document or documents containing confidential information as defined in this rule. (i) The court shall make all documents and exhibits filed with the court, and not sealed, available for inspection by members of the public in a reasonably timely fashion, it being recognized that the courts need to make use of documents and exhibits for official purposes must take precedence over their availability for public inspection. The grand jury may also consider whether to return an indictment on a felony or misdemeanor. (1) The state may present proof by way of sworn affidavit or by oral testimony. Okay Democrats, keep sending them a message by striving for perfect attendance! Oral testimony, if submitted, shall be under oath and recorded. (b) Questioning of Witnesses by Jurors. In any felony case either party may take a discovery deposition of any expert witness who may be called by the other party to testify at trial. You will pass Lake Sunapee and Mt. A hearing on the motion shall not be permitted except by order of the court. 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. On Feb. 18, 2022, Jackson is accused of firing a gun, striking a building at 96 Notre Dame Ave. Joan Josif Jokai-Weiss, 61, of Hanover, Germany, theft by deception. Enter rotary and stay to the left. Burdick was seriously injured as a result. He did not disclose receipt of wages from JB Hunt Transport, Inc. (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. The court shall inform counsel of the appointment as soon as reasonably possible by telephone, facsimile or electronically. Cold Cases, Missing and Unsolved Crimes. Latisha Jackson, 31, of Mountain Laurel Way, two counts of reckless conduct and one charge of criminal mischief. Untimely-Filed Guardian ad Litem Reports, Rule 50. 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. (3) The court shall make a written finding on the issue of probable cause. (3) Appeal to Supreme Court. (a) For Attendance of Witnesses; Form; Issuance. Start your subscription for just $5 for 3 months Subscribe. 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. 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. The number of peremptory challenges allotted to both the State and the defendant for selection of alternate jurors shall be in accordance with the following schedule: 4-6 alternates -- 2 peremptory challenges. On Feb. 28, 2022, Albert is accused of robbing a woman he knew and then driving her in her car around the city. The summons shall also provide the person with written notice of the process for obtaining court-appointed counsel. Indictments 041522dauphinais-indictments.pdf All Content Contributors Frequently Requested Case Dauphinais Fri, 04/15/2022 - 12:00 Portable Document Format (.pdf) . He also is accused of holding a metallic object against J.G.s cheek and saying I have a gun several times. Court, 106 N.H. 48 (1964). 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. In the event of an appeal, the court may review the defendants bail status, at the request of either party. 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 defendant need not be apprised, however, of all possible collateral consequences of the plea. Eduardo Lages, 34, of Quincy Street, second-degree assault, criminal threatening and felonious possession of a dangerous weapon, a firearm. Jennifer Lynn Byrns, 26, 344 Glen Ave., Kingsport, assault, resisting arrest, obstruction of process. (3) Notice to Defendant. The justice presiding at the pretrial hearing need not be disqualified from presiding at the trial. Please feel free to contact our department with the means that best fits your convenience via phone at 603-542-8717. Special Procedures in Superior Court Regarding Sex-Related Offenses Against Children, Rule 46. If the defendant elects to be examined, the defendant shall be sworn, but it shall always be a sufficient answer that the defendant declines to answer the question; and if at any time the defendant declines to answer further, the examination shall cease. Mar. 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. The value of the services was greater than $1,000. 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.. Except as otherwise provided by statute or court rule, all pleadings, attachment to pleadings, exhibits submitted at hearings or trials, and other docket entries (hereinafter referred to collectively as documents) shall be available for public inspection. A failure to comply with the time limitations regarding the notice of objection required by this section shall constitute a waiver of any objection to the admission of the certificate. The following procedures apply to arraignments on misdemeanors and violations. So, the choo choo went, Train service would be a big flop as young people today want to travel in their own cars. (C) Review may not be sought for any sentence submitted to the sentencing judge where there is an agreement between the State and the defendant as to the sentence to be imposed in exchange for a plea (a so-called "negotiated plea"), or where there is an 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 "capped plea.") (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. State v. Thornton, 140 N.H. 532, 537 (1995). The defendant is entitled to admission to bail as provided by statute. (d) If a defendant who is not detained indicates a financial inability to obtain counsel and a desire for appointed counsel, the court shall instruct the defendant to complete a Request for a lawyer form prior to leaving the courthouse and, if eligible, counsel shall be appointed no later than 24 hours from the date of the request. When a new panel of prospective jurors is first summoned for service the panel shall be given preliminary instructions regarding the terms and conditions of jury service, the role of the jury in the justice system, and the legal principles applicable to the cases the jurors may hear. 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The probationer shall: (1) Report to the probation/parole officer at such times and places as directed, comply with the probation/parole officer's instructions, and respond truthfully to all inquiries from the probation/parole officer; (2) Comply with all orders of the court, board of parole or probation/parole officer, including any order for the payment of money; (3) Obtain the probation/parole officer's permission before changing residence or employment or traveling out of state; (4) Notify the probation/parole officer immediately of any arrest, summons or questioning by a law enforcement officer; (5) Diligently seek and maintain lawful employment, notify probationer's employer of probationers legal status, and support dependents to the best of probationers ability; (6) Not receive, possess, control or transport any weapon, explosive or firearm, or simulated weapon, explosive, or firearm; (7) Be of good conduct and obey all laws; (8) Submit to reasonable searches of probationers person, property, and possessions, as requested by the probation/parole officer, and permit the probation/parole officer to visit probationers residence at reasonable times for the purpose of examination and inspection in the enforcement of the conditions of probation or parole; (9) Not associate with any person having a criminal record or with other individuals as directed by the probation/parole officer unless specifically authorized to do so by the probation/parole officer; (10) Not indulge in the illegal use, sale, possession, distribution, or transportation, or be in the presence, of controlled drugs, or use alcoholic beverages to excess; (11) Agree to waive extradition to New Hampshire from any state in the United States or any other place and agree to return to New Hampshire if directed by the probation/parole officer; 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. The property included a shot gun, a .22 caliber rife, and a semi-automatic rifle. Jose Rodriguez Hernandez, 43, of Spruce Street, first-degree assault, two counts of reckless conduct and criminal threatening. Robert Matteson, 29, of 199 Manchester St., witness tampering. 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. (B) The nature of the case to be presented. (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. An individual may request that the court quash a subpoena on the grounds of improper service, hardship, or otherwise as provided by law. 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. (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. (A) Each party shall be limited to one hour of argument unless otherwise ordered by the court in advance. (2) If the defendant is detained pending arraignment, the complaint shall be filed prior to commencement of the arraignment. (4) Transcripts. 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 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. Whenever any petition to suspend, amend, reduce or otherwise change the custody status of any person incarcerated in the New Hampshire state prison is filed with the court, a copy thereof shall be forwarded by counsel for the defendant to the prosecutor and the warden of the state prison. (e) Alternate Jurors. An agreement may be filed with the court by stipulation. (2) Further delay will impair the child's ability to recall and relate the facts of the alleged offense. Thereafter, the chief justice shall rule on the motion. She. See generally Petition of WMUR Channel 9, 148 N.H. 644 (2002) (decided under prior version of the rule). Sunapee. 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. 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. (C) Information for which a party can establish a specific and substantial interest in maintaining confidentiality that outweighs the strong presumption in favor of public access to court records. The judge may also impose a time limit. SULLIVAN COUNTY, NH 19 DAYS AGO The Eagle Times Kendall Taken Into Custody NEWPORT On December 21, 2022, the Newport Police Department arrested Anastasia Kendall as the result of months long investigation leading to a warrant for her arrest. She has been convicted in the past of sale of heroin and possession of heroin with intent to sell. According to the NH Law Library, an indictment is a criminal charge against a person by a Grand Jury. 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. Upon request of any party, the court shall make sufficient findings and rulings to permit meaningful appellate review. A defendant shall be tried in the circuit court-district division by a judge unless otherwise provided by law. The Courthouse will be on your left in the Opera House Building. 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. 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. 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. (2) Joinder of Related Offenses for Trial. (e) If a defendant who is detained indicates a financial inability to obtain counsel and a desire for appointed counsel, the court shall instruct the defendant to complete a Request for a lawyer form immediately and, if eligible, counsel shall be appointed immediately. If a trial judge decides to permit jurors to pose written questions at trial, the court shall use the following procedure: (1) At the start of the trial, the judge will announce to the jury and counsel the decision to allow jurors to pose written questions to witnesses. The application shall be signed and sworn to by the defendant. (3) Upon request, a grand jury witness shall be given reasonable opportunity to consult with counsel. that is degrading to another person. (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. Worthley has a previous conviction for a misdemeanor in 2016. (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. 613. (4) Exchange of Information Concerning Trial Witnesses. (6) Re-Examining and Recalling Witnesses. On March 10, 2022, he is accused of being in possession of a stolen 2006 Mitsubishi Gallant and engaging in a high-speed pursuit with Manchester police. Police said James Stone called 911 while officers were speaking to his wife at his residence on June 22, 2007, about one violation. The court may impose any sentence that could have been imposed by the original sentencing judge for the crime which is the subject of the probation term. These email addresses are for WebEx access requests only. On April 29, 2021, the Multicounty Grand Jury returned indictments to Rockingham County Superior Court charging Ms. Jutras with eight extended-term class A felony counts of identity fraud, one extended-term class A felony count of theft by unauthorized taking or transfer, and one extended-term class B felony count of theft by unauthorized taking Low near 25F. (A) Instructions to the Jury at Beginning of Trial: Ladies and gentlemen of the jury, I have decided to allow you to take a more active role in your mission as finders of fact. The court shall inform the defendant of the right to a probable cause hearing that will be conducted pursuant to Rule 6. Holmes was running stationary radar in Dummer on the Dummer Pond Road, which is open to cars and trucks as well as OHRVs. (10) Reopening Evidence. Follow into Newport. (c) Expert Witness. If you sign up for a visit during an unauthorized time any funds you have paid will not be refunded. Click Here for Frequently Asked Questions & Answers! (iv) The Chief Justice of the Superior Court. If by reason of death or serious disability the judge before whom a jury trial has commenced is unable to proceed with the trial or post-verdict duties, another judge may perform those duties. 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. person will not be tolerated. Where do I get information about Criminal History Record Requests? Only the attorney examining or cross-examining a witness may raise objections or respond to objections regarding that witness. 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. On Feb. 2, 2022, he is accused of firing a gun in the residential area of Dionne Drive. (4) Conduct which the court finds is a willful failure to pay an assessment or to perform community service as ordered may be punishable as civil contempt of court subject to the provisions of RSA 618:9. (a) Superior Court Complaint. (1) Opening Statements. In current practice, the term chargeable is synonymous with an admission to the violation of probation. (B) After notice and within thirty (30) days of imposition of a New Hampshire State Prison sentence by the Superior Court, the State may apply to have the sentence reviewed by the Sentence Review Division. Allyson Mateo, 35, of Belmont Street, first-degree assault, reckless conduct and felon in possession of a handgun. No legal advice is offered here and this site is not an alternative to competent legal counsel. (21) The decision of the Sentence Review Division is final. He was arrested June 26, 2007, after police allegedly found him in possession of a crack pipe. The charge is a Class B felony offense. (8) The judge shall instruct the jury substantially as follows. racist or sexually-oriented language. And Malone wasnt the only case involving an arrestee accused of trying to bring drugs into the jail. The drug was in a syringe. The fine for intent to sell LSD and oxycodone is $50,000. Redirect examination shall be limited to topics covered on cross-examination except for good cause shown. (4) Attorneys Examining. (a)Venue Established. If I determine that the question or questions may be properly asked of the witness pursuant to the law, I will ask the question of the witness myself. If an attorney of record seeks a special assignment to a judge, a motion for special assignment shall be filed. It also is the responsibility of said person to make arrangements with the clerk of court or his or her designee sufficiently in advance of the proceeding so that the set up of any needed equipment in the courtroom, including equipment for pool coverage, can be completed without delaying the proceeding. State v. Toto, 123 N.H. 619 (1983). 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. (2) Whenever a party intends to proffer in a criminal proceeding a certificate executed pursuant to RSA 318-B:26-a(II), notice of an intent to proffer that certificate and all reports relating to the analysis in question, including a copy of the certificate, shall be conveyed to the opposing party or parties at least twenty-five days before the proceeding begins. The motion shall set forth the reason for appealing and the cause of the delay. If the defendant is charged with a felony, the defendant shall not be called upon to plead. 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. 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. The Courthouse will be on your right, in the Opera House Building, across from Lake Sunapee Bank. He has previously been convicted of similar offenses in Sullivan Superior Court on April 3, 2015 and in Rockingham Superior Court on April 10, 2015. Please avoid obscene, vulgar, lewd, Notwithstanding the preceding sentence, this rule does not require the defendant to provide the State with copies of or access to statements of the defendant. (g) Conditional Discharge. The court shall return its verdict within a reasonable time after trial. (3) A probable cause hearing shall be scheduled: (A) If an arrest is supported by an affidavit or statement filed under oath that was filed under seal, and the affidavit remains under seal at the time of the request for a probable cause hearing, or.
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