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(c) In any case where the defendant is charged with a class A misdemeanor or felony and appears at arraignment without counsel, the court shall inform the defendant, in writing or on the record, of the offense with which he is charged and the possible penalties, of his or her privilege against self-incrimination, his or her right to be represented by counsel throughout the case, and that if he or she is unable to afford counsel, counsel will be appointed, if requested, subject to the state's right to reimbursement for expenses related thereto. (2) All motions must contain the word motion in the title. The trial judge shall join the charges for trial unless the trial judge determines that joinder is not in the best interest of justice. Before and during trial, no attorney, party or witness shall personally or through any agent converse or otherwise communicate with any juror or any member of the venire from which the jury will be selected. Copyright (c) 2022 Manchester Ink Link. (3) In capital cases or first degree murder cases, the court shall allow counsel to conduct individual voir dire. (1) Pretrial Motions. If part of an offense is committed in one county, and part in another, the offense may be prosecuted in either county. All felony and any directly related misdemeanor or violation-level offenses alleged to have occurred before January 1, 2017 shall be initiated in circuit court. The Courthouse will be on your left in the Opera House Building, across from the Lake Sunapee Bank. If you were summoned for December 5, 2022 your additional reporting dates are here. The following discovery and scheduling provisions shall apply to all criminal cases in the superior court unless otherwise ordered by the presiding justice. (d) In the event that a guardian ad litem is appointed to represent the interests of a minor victim or witness, the role and scope of services of the guardian ad litem shall be explicitly outlined by the trial judge prior to trial. Barry was released on her own recognizance on July 8, 2019. Tommy Walsh, 51, of Union Street, was indicted on charges of possessing fentanyl and crack cocaine. In each case, the motion shall fully state all reasons and arguments relied upon. (C) shall be signed by the defendant or counsel and verified by a separate affidavit of the defendant or such other person having knowledge of the facts upon which the affidavit is based. (21) The decision of the Sentence Review Division is final. (a) Whenever a defendant, a witness, or a non-party individual having a significant interest in a court proceeding as defined by the Judicial Branchs Language Services Plan, requires the assistance of an interpreter in order to testify or understand proceedings in court, the court shall arrange for the participation of an interpreter who meets the qualifications set forth in the Language Services Plan. Sullivan County, NH News | NewsBreak Sullivan County, NH No testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case or forfeiture. 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. The purpose of the dispositional conference is to facilitate meaningful discussion and early resolution of cases. 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. The discharge of the defendant shall not preclude the State from instituting a subsequent prosecution for the same offense or another offense. New Hampshire Court Dockets and Calendars | CourtReference.com (a) By Agreement. (B) The Clerk may waive the records research fee when a request for record information is made by a member of the media consistent with the publics right to access court records under the New Hampshire Constitution. We also use third-party cookies that help us analyze and understand how you use this website. 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. For this reason there is the possibility that a question you have submitted has been deemed inappropriate by me and will not be asked. State v. Flood, 159 N.H. 353 (2009). Department of Corrections | Sullivan County, NH (A) General Notice Obligations. (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. 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. From the Seacoast:Take Route 101 West to Manchester. 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. If the person filing the motion to unseal cannot provide actual notice of the motion to all interested parties and persons, then the moving person shall demonstrate that he or she exhausted reasonable efforts to provide such notice. (a) Arrest. Edward Bryans, 59, of Mountain Drive, in Marlborough, was indicted for reckless conduct with a deadly weapon. Shean Remillard, 49, of Spruce Street, four counts of criminal threatening. The burden of proving that a document or a portion of a document should be confidential rests with the party or person seeking confidentiality. Some clouds this morning will give way to generally sunny skies for the afternoon. Prior to submission of the case to the court, a party may reopen evidence for good cause shown. Tabatha Scott, 31, Hevey Street, accomplice to first-degree assault and robbery. (g) Arraignments on Misdemeanors and Violations. 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. 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 request shall include an express waiver of the defendant's right to a speedy trial as it relates to the motion. The application shall be signed and sworn to by the defendant. Merrimack Man Indicted In Knife Threat Case: Court Roundup (2) If a motion to seal the affidavit or statement filed under oath if filed electronically has been filed with the request for a probable cause determination, the court shall rule on the motion to seal when ruling on the issue of probable cause. Use the 'Report' link on 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. (c) The parties may submit additional information to the personnel conducting the evaluation but are not required to do so in the absence of an order from the court. 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. 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. The Grand Jury indicted Howe for allegedly driving a motor vehicle on Sept. 1 on Washington Street despite having been declared a habitual offender by the Director of the Division of Motor Vehicles. Your e-mail address will be used to confirm your account. Donald Walsh, 48, of West Street, identity fraud. (e) Fees for Lay Witnesses. Courts & Cops | conwaydailysun.com (6) Re-Examining and Recalling Witnesses. (C) The State, defendant, and defendants counsel, if any, shall appear at the dispositional conference. Deadline for Criminal Appeals to the Supreme Court, Rule 37. Aaron Silva, 23, of Hevey Street, criminal threatening, possession of a controlled drug delta-9 tetrahydrocannabinol with intent to sell, and possession of marijuana in excess of five pounds. On Oct. 25, 2019, in Manchester, Seace is accused of engaging in tumultuous and/or violent conduct when, with Koda Seace and at least one other person, he interfered with police officers making arrests. The court, in its discretion, may grant such a motion after trial commences. The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The rule reflects the constitutional requirement that the trial court affirmatively inquire, on the record, into the defendant's volition in entering the plea. A superior court complaint charging a misdemeanor or felony is not required to be signed under oath. The purpose of these questions is to clarify the evidence, not to explore your own legal theories or curiosities. Mar. Take Interstate 93 North to Concord . (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. Michael Fantasia, 31, homeless, arson, reckless conduct, use of a Molotov cocktail and felon in possession of a dangerous weapon. 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. Boykin, 395 U.S. at 238. A probable cause hearing shall be scheduled in accordance with this rule in any case which is beyond the trial jurisdiction of the circuit court-district division and in which the defendant has not been indicted. (iii) not less than 30 days prior to jury selection, a party shall file a motion to exclude evidence it believes constitutes Rule 404(b) evidence if no motion to admit the evidence has been filed by the opposing party. One of the indecent exposure charges accuses him of attempting to engage in sexual intercourse with the child in the presence of two other children, then age 2 and 5. (1) Pretrial Disclosure by the State. (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.