sullivan county nh grand jury indictments

(1) Related Offenses. The amendments adopted on December 22, 2022, and taking effect on March 1, 2023, apply only to cases filed on or after March 1, 2023. If a document is confidential in its entirety, as defined in subsection (b) of this rule, the party must follow the procedures for filing a confidential document set forth in subdivision (b). (5) At the bench, the judge and counsel will read the proposed questions. A motion to exclude filed pursuant to this provision must identify with specificity the evidence the party seeks to be excluded under Rule 404(b). (10) Reopening Evidence. The order shall include the duration that the confidential document or document containing confidential information shall remain under seal. On Aug. 22 the Grand Jury of the Sullivan County Superior Court in Newport handed down several indictments. Rule 41 is based on RSA 516:34, which allows a prosecutor to request an order of immunity. (13) Sentences may be reviewed that were imposed prior to the effective date of RSA 651:58 (August 5, 1975) and for those sentences the thirty (30) day rule will not apply. On Christmas Eve 2021, Keyser is accused of interfering with detectives trying to arrest/detain him. From Lebanon:Take I-89 South to Exit 13 (Grantham). (3) When questioning of the first witness is completed, the court will allow jurors to formulate any questions they may have, in writing. (a)Bail Permitted. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Deadline for Criminal Appeals to the Supreme Court, Rule 37. (C) The State, defendant, and defendants counsel, if any, shall appear at the dispositional conference. (3) Upon request, a grand jury witness shall be given reasonable opportunity to consult with counsel. The penalty for this Class B felony offense could be 3 years to 7 years in New Hampshire State Prison and/or $4,000. The judge is the only person who will see the number. An indirect criminal contempt shall be prosecuted with notice. All rights reserved. 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. The Sulllivan County Grand Jurors indicted Justin Gunnip, 32, of Unity, with purposely obstructing a camera Aug. 17 at the Sullivan County House of Corrections to prevent it from recording an incident, so that the recording could not be used as evidence. State v. Roy, 118 N.H. 2 (1978); State v. Manoly, 110 N.H. 434 (1974). 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. The court shall review the pre-sentence report and afford the defendant and the State a reasonable opportunity to challenge, rebut or correct factual material contained within the report that might bear on the sentence. 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. Rule 47(b) addresses the fact that a party requiring interpretation services will often need an interpreter to facilitate in-court and out-of-court attorney-client conversations, when the attorney is not fluent in the clients language. (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. Follow Route 103 West all the way to Newport. The notice of alibi shall be signed by the defendant and shall state the specific place where the defendant claims to have been at the time of the alleged offense, and the names and addresses of the witnesses upon whom the defendant intends to rely to establish such alibi. Luis Concepcion, 51, of Chestnut Street, theft by unauthorized taking, receiving stolen property, reckless conduct and possession of cocaine. (2) The contents of and any attachments to the pre-sentence report shall be confidential and shall not be disclosed to anyone except as required by statute or ordered by the court. Allow up to 24 hours for comment approval. The status of this rule is uncertain in light of the new standards relative to confrontation clause rights as articulated by the United States Supreme Court in Crawford v. Washington, 541 U.S. 36 (2004), and its progeny. - Manage notification subscriptions, save form progress and more. (1) Following a finding or verdict of guilty the court shall hold a sentencing hearing and impose sentence without unreasonable delay. A probable cause hearing may be adjourned for reasonable cause. Furnishing Information Regarding Competency and Sanity Evaluations, New Hampshire Rules of Criminal Procedure, SCOPE, INTERPRETATION, ADOPTION AND EFFECTIVE DATE, ARRAIGNMENT, PLEAS AND PRETRIAL PROCEEDINGS, SENTENCING AND POST-SENTENCING PROCEDURES, RULES APPLICABLE IN ALL CRIMINAL PROCEEDINGS. Rule 14(b)(1)(A) reflects the developments in this area of the law. (11) Reopening Evidence. (1) Permissibility. Horsfield has two previous felony convictions from 2017 and 2008. (3) In capital cases or first degree murder cases, the court shall allow counsel to conduct individual voir dire. 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. (d) The filing of a motion for reconsideration or other post-decision relief shall not stay any order of the court unless, upon specific written request, the court has ordered such a stay. person will not be tolerated. We hope that you enjoy our free content. (C) The court shall rule on assented-to motions to continue expeditiously. Madigan, 57, of Brattleboro, Vermont received medical assistance to which he was not entitled between July 1, 2015 and April 30, 2017 in Claremont. (4) If a motion to seal the affidavit has been filed with the request for a Gerstein determination, the court shall rule on the motion to seal when ruling on the issue of probable cause. (f) Copy of Complaint. Any victim or other witness who was sixteen years of age or under at the time of the offense may also move to take videotape trial testimony. Chance of snow 100%. If the defendant intends to rely upon any defense specified in the Criminal Code, the defendant shall within sixty calendar days if the case originated in superior court, or thirty calendar days if the case originated in circuit court-district division, after the entry of a plea of not guilty, or within such further time as the court may order for good cause shown, file a notice of such intention setting forth the grounds therefor with the court and the prosecution. (d) After a hearing, for good cause shown, and if not otherwise prohibited by court rules or law, the court may order disclosure of additional information necessary for the evaluation. 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 for action by the grand jury. (3) Notice to Defendant. Prior to being dismissed, a witness is subject to recall by either party. Share with Us. As you enter Newport , you will go down a hill ( Sunapee Street ) and see Main Street ahead. 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. See, e.g., State v. Sargent, 148 N.H. 571 (2002); State v. Howe, 145 N.H. 41 (2000); State v. Hilton, 144 N.H. 470 (1999); State v. Ellsworth, 142 N.H. 710 (1998); State v. Chick, 141 N.H. 503 (1996); State v. Rhoades, 139 N.H. 432 (1995). Everest Benoubader, 24, of 653 Beacon St., second floor, riot and criminal threatening with a deadly weapon. However, a courts power to suspend a rule may be limited by the state or federal constitution, state statutes or common law. Meeting June 17, the grand jury returned 15 indictments against 9 individuals. The property included a shot gun, a .22 caliber rife, and a semi-automatic rifle. (k) Continuity of Counsel in Circuit and Superior Courts. State v. Bailey, 127 N.H. 416 (1985); State v. Brodowski, 135 N.H. 197, 201 (1991). (B) A court may rule on a contested motion to continue without a hearing provided that both parties have had an opportunity to inform the court of their respective positions on the motion. This category only includes cookies that ensures basic functionalities and security features of the website. (f) At any hearing conducted pursuant to subsections (c) or (d) of this rule, the party or person seeking to prohibit or impose restrictions beyond the terms of this rule on the photographing, recording, or broadcasting of a court proceeding that is open to the public shall bear the burden of demonstrating: (1) that the relief sought advances an overriding public interest that is likely to be prejudiced if the relief is not granted; (2) that the relief sought is no broader than necessary to protect that interest; and (3) that no reasonable less restrictive alternatives are available to protect the interest. Rhoda Whitaker As provided in New Hampshire Rule of Evidence 1101(d)(3), the Rules of Evidence do not apply at the hearing. 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. indictment alleges that on October 28, 2020 . (2) Pleas. (1) At the defendant's first appearance before the court, the court shall inform the defendant of his or her ability to obtain discovery from the State. The recording will be provided by the court or by the transcriber designated by the Supreme Court in accordance with Supreme Court Rule 59 on CD or by audio download for a fee to be determined in accordance with a fee schedule approved by the Supreme Court. Create a Website Account - Manage notification subscriptions, save form progress and more. Such action may include, without limitation, the imposition of monetary sanctions against either counsel or a party, which may include fines to be paid to the court, and reasonable attorney's fees and costs to be paid to the opposing party. All equipment used must operate with minimal noise so as not to disrupt the proceedings. Notwithstanding the agreement of the parties, the court shall exercise its sound discretion in ruling on such motions. (8) Upon indictment or finding of probable cause, the complaint shall be so marked, and the clerk of the Circuit Court shall thereafter send to the clerk of the Superior Court any bail or bond pertaining thereto, along with a copy of such complaint where possible. each comment to let us know of abusive posts. (c) Special Notice Requirements. The court may issue additional orders as necessary to preserve the confidentiality of a document pending a final ruling or appeal of an order to unseal. Jeremy Burdick was a law enforcement officer, Lord-Hill climbed a fence and ran despite verbal commands to the contrary from Burdick. Sullivan County Grand jury indictments for Feb. 20 are released By Staff Reports Feb 21, 2019 Updated Feb 22, 2019 0 Alexis S. Banks Alexis S. Banks, 22, of 28 Prospect Street in Claremont was indicted for possession heroin with intent to sell in concert with Justin Gunnip. (2) Case initiated in Superior Court. This paragraph reflects the states statutory exemption from the requirement of tendering witness fees in advance of trial or hearing. (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. 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. (B) Instructions to the Jury when Decision Whether to Ask Questions is Made: Ladies and gentlemen of the jury, I remind you of my earlier remarks regarding juror questions. See Rule 29(k)(14)(c). Her previous convictions may include an additional penalty of 3 to 7 years in prison and a $4,000 fine. 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. The discharge of the defendant shall not preclude the state from instituting a subsequent prosecution for the same offense or another offense. 2018, both of the Guzmn-Lpez brothers were indicted by a Federal Grand Jury in the District of Columbia and charged with one count of 21 USC Sections 959(a), 960 and 963 (conspiracy to distribute more . The parties are under a continuing obligation to supplement their discovery responses on a timely basis as additional materials covered by this rule are generated or as a party learns that discovery previously provided is incomplete, inaccurate, or misleading. Where can I obtain a certified copy of a birth, death, marriage, or divorce certificate. The order of contempt shall recite the adjudication and sentence and shall be signed by the judge and entered of record. 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. (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. This paragraph is based on Federal Rule of Criminal Procedure 6 and prohibits grand jurors, interpreters, stenographers, typists who transcribe recorded testimony or an attorney for the State, or any person to whom disclosure is made under the rule, from disclosing information received except under a few narrow circumstances. Laremy L. Varney, 20, 1000 Stonegate Rd., Apt. Welcome! With the consent of all parties, the trial judge may permit jurors to pose written questions. During trial, when the judge must communicate with any juror or any member of the venire before the jury is excused, the communication shall be on the record. No pleading, motion, objection, or the like, which is contained in a letter, will be accepted by the clerk, or acted on by the court. The superior court shall order a grand jury to be summoned and convened at such time and for such duration as the public interest requires, in the manner prescribed by law. 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. One stands available to interpret all on-the-record speech of the witnesses, the judge, and counsel into the defendants language and to interpret the speech of any non-English-speaking witnesses into English. Encouraging and empowering them to take responsibility for their actions. State v. Farrow, 118 N. H. 296, 307 (1978); State v. Prevost, 105 N.H. 90 (1963). Arraignment shall be conducted in open court. Felonies and misdemeanors punishable by a term of imprisonment exceeding one year shall be charged by an indictment. If the judge does plan to impose a time limit, counsel should be notified and given an opportunity to object to the length outside the hearing of the jury. Failure to obey a subpoena without adequate excuse may be (c) Service. (h) By signing a pleading, an attorney certifies that the attorney has read the pleading, that to the best of the attorneys knowledge, information and belief there is a good ground to support it, and that it is not interposed for delay. In trials involving multiple charges, the number of peremptory challenges shall be the number of challenges allowed for the most serious offense charged. (2) Not less than fourteen days prior to trial, the State shall provide the defendant with: (A) a list of names of witnesses, including experts and reports, and a list of any lab reports, with copies thereof, it anticipates introducing at trial; and. In any case in which there exists the possibility that the court may sua sponte impose an extended term, notice must be given by the trial judge prior to the commencement of the trial. Corey Carpenter, 33, was indicted recently in Cheshire County Superior Court on charges of criminal mischief and reckless conduct, both felonies, in connection with the incident. 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 (b) In the event that the alleged victim or minor witness is nervous, afraid, timid, or otherwise reluctant to testify, the court may allow the use of leading questions during the initial testimony but shall not allow the use of such questions relating to any essential element of the criminal offense. (iii) The court finds that the subsequently scheduled case should take precedence due to a defendants rights to speedy trial or other constitutional rights. (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. The parking lot is located on Sunapee Street across from the Sheriff's Office. If the defendant fails to comply with this rule, the court may exclude any testimony relating to such defense or make such other order as the interest of justice requires. (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. All proceedings relating to the examination of prospective jurors shall be recorded and should be conducted in the presence of counsel, or the defendant, if self-represented. A defendant may waive the right to a probable cause hearing. (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. 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. Also among them were: Reagan Crawford, 38, of 555 Canal St., attempted murder and two counts of second-degree assault. 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. On May 7, 2021, the Rockingham County Grand Jury returned indictments charging Mr. Guzman with two class A felony counts of conspiracy to commit theft by deception, one class A felony count of theft by deception (as principal/accomplice), and one class A felony count of receiving stolen property. In addition to giving any parties in interest an opportunity to object, the purpose of the notice requirement is to allow the presiding justice to ensure that the photographing, recording, or broadcasting will not be disruptive to the proceedings and will not be conducted in such a manner or using such equipment as to violate the provisions of this rule. (2) Further delay will impair the child's ability to recall and relate the facts of the alleged offense. Barry was released on her own recognizance on July 8, 2019. 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. 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. In any other case in which an arrest warrant would be lawful, upon the request of the State, the person authorized by law to issue an arrest warrant may issue a summons. Rule 14(b)(1)(A), requiring the state to provide notice that it may seek an extended term of imprisonment under RSA 651:6, derives from current Superior Court Rule 99-A and RSA 651:6(III). 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. We'd love to hear eyewitness Rule 17(b) permits a party to seek production of books, papers, documents or other objects through the service of a subpoena duces tecum. Unless prohibited by statute, a person charged with a probation violation shall be entitled to bail. On Jan. 2, 2022, he is accused of striking C.C. in the face, breaking a front tooth. Create a Website Account - Manage notification subscriptions, save form progress 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 rule provides a method whereby a party may ask a court to transfer cases for a plea as well as for trial. CCC males and females- 5:00pm to 9:40pm Monday through Friday, 07:30am to 9:40pm Saturday and Sunday. State v. Doolittle, 58 N.H. 92 (1877). (h) Subdivision of Suspended Sentences. Rule 49 is consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rule 1.25 (Untimely-filed guardian ad litem reports). On Jan. 2, 2022, Matteson, after being involved in a police pursuit in M.H.s vehicle, is accused of threatening to stab M.H. if she provided police with any information about his involvement. Sunapee. Robert Allen Parks, 19, 212 Neeley Drive, Blountville, was also indicted on a variety of driving offenses and other charges one count each of theft over $500, speeding, reckless driving, reckless endangerment, evading arrest, and driving on a revoked or suspended license. Once established, movement of such equipment within the courtroom is prohibited without the express prior approval of the presiding justice. The court shall allow reasonable time prior to a proceeding for the set up of such equipment. He was arrested June 26, 2007, after police allegedly found him in possession of a crack pipe. (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. Sullivan County Justice Center. There shall be no filing fee for such a motion. When a verdict is returned and before it is recorded the jury may be polled at the request of any party or upon the court's own motion. In other words, labeling a document as confidential or under seal or requesting the court to seal a pleading in the prayers for relief without a separate motion to seal filed pursuant to this rule will result in the document being filed as part of the public record in the case. Mar. N.H. R. of Prof. N-4, Kingsport, aggravated burglary, forgery, two counts theft of $500 or less. (a) Circuit Court-District Division. (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. (1) The clerk of the superior court for each county shall maintain a list of jurors presently serving, together with electronic copies of their completed questionnaires. Having been released with bail, Bateman failed to appear before the Sullivan County Superior Court on Sept. 18 as required by the conditions of her release, and her release was in connection with an offense punishable by imprisonment for a term of more than 1 year and less than 15 years. A Grand Jury considers evidence presented by the County Attorney or the Attorney General and decides whether there is sufficient evidence to formally charge a person with committing a crime. (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.