The protection order was taken out by his wife, Kristi Stone. (a) Before and During Trial. This Sullivan County New Hampshire Most Wanted List posts the top 50-100 fugitive criminals on the run. The initiating charging document filed in superior court for felonies and misdemeanors over which the superior court has jurisdiction. (6) Finding of No Probable Cause. The Community Corrections Center ( CCC) is a 72 bed unit that houses the TRAILS program, which targets offenders with co-occurring substance abuse and mental health disorders, seeks to reduce the number of court-involved adult offenders returning to custody by engaging them in intensive therapeutic case management and transition planning. Winds light and variable. On Dec. 5, 2021, Benoubader is accused of engaging in tumultuous behavior or violent conduct with two or more people recklessly creating a substantial risk of causing public alarm. Low 33F. A chase ensued, and Clifton was taken into custody near 1750 Rock Springs Road. If you were summoned for March 6, 2023 your additional reporting dates are here. She. A party seeking special assignment shall file a motion setting forth the grounds justifying the request and shall state whether or not counsel of record join in or object to the motion. Meeting June 17, the grand jury returned 15 indictments against 9 individuals. (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. 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. California Privacy Notice: If you are a California resident, you have the right to know what personal information we collect, the purposes for which we use it, and your options to opt out of its sale. Special Procedures in Superior Court Regarding Sex-Related Offenses Against Children, Rule 46. They shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay. 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. No person shall photograph, record, or broadcast any court proceeding without providing advance notice to the presiding justice that he or she intends to do so. The superior court will dismiss without prejudice all felony complaints and enhanced misdemeanors in which an indictment has not been returned within 90 days of the complaint being filed, unless, prior to that time, the prosecution files a motion seeking an extension of time and explaining why the extension is necessary or the defendant waives speedy indictment in writing. (1) An attorney who is not a member of the New Hampshire Bar shall not be allowed to engage in the trial or hearing in any case, except on application to appear pro hac vice, which will not ordinarily be granted unless a member of the Bar of this State is associated with the non-member attorney and the member attorney is present at the trial or hearing. At its option, the defense may make an opening statement. (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. (b) Indictment. The parking lot is located on Sunapee Street across from the Sheriff's Office. Please feel free to contact our department with the means that best fits your convenience via phone at 603-542-8717. From Claremont:Head East on Route 11/103 ( Washington Street ) passing Walmart, K-Mart, Market Basket. Police: Keene man set fire inside Swanzey cruiser after arrest The Rules of Evidence shall not apply at the hearing. The probationer shall be afforded: (1) Prior written notice of the conduct that triggers the filing of the violation; (2) Prior disclosure to the probationer of the evidence that will be offered to prove the violation and all related exculpatory evidence; (3) The opportunity to be heard in person and to present witnesses and evidence; (4) The right to see, hear and question all witnesses; (6) If a finding of chargeable is entered, a statement on the record by the court indicating in substance the evidence relied upon in reaching its determination. 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. Follow into Newport. We hope that you enjoy our free content. (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. Hours: Monday - Friday, 8:00am to 4:00pm Directions From Charlestown: Head North on Route 12 to Claremont. (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. (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. 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. On Feb. 4, 2022, Kustra is accused of pointing a knife at W.M. and saying, Ill fucking kill you.. This rule shall not apply to confidential or privileged documents submitted to the court for in camera review as required by court rule, statute or case law. (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. Rule 19 contemplates the transfer of whole cases, or of particular proceedings in cases, even in the absence of a related pending case or proceeding in the county to which transfer is sought. 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. Jaquith was indicted in Salem Superior Court . (8) In any case where the court is considering the issuance of an order of commitment for willful nonpayment of an assessment, it may also consider whether an order of periodic payments is appropriate under the circumstances as well as the appropriateness of the options set forth in paragraph (3) above. Clerks Office; Judges Chambers; Communications with the Court, Rule 49. (2) A confidential document shall not be included in a pleading if it is neither required for filing nor material to the proceeding. Upon issuance of a summons, the complaint and summons shall be filed with a court of competent jurisdiction without unreasonable delay but no later than 14 days prior to the date of arraignment. Bemis told her he would take her down and that she would regret speaking to police about it, according to the indictment. 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. Concord, NH - New Hampshire Attorney General John M. Formella announces that 10 individuals have been indicted by the Hillsborough County Grand Jury as a result of the ongoing investigation into the Youth Development Center (YDC), and Sununu Youth Services Center (SYSC). 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. The provisions of Rule 35 are consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rules1.1A (Computation and Extension of Time), 1.3 (Attorneys) and 1.3-A (Pleadings Copies to all parties). If the court determines that there is no probable cause to believe that a charged offense has been committed or that the defendant committed it, the court shall dismiss the complaint and discharge the defendant. For this reason there is the possibility that a question you have submitted has been deemed inappropriate by me and will not be asked. We'd love to hear eyewitness The rule may be waived if the lawyer is physically unable to stand or for other good cause. Indictments 041522dauphinais-indictments.pdf All Content Contributors Frequently Requested Case Dauphinais Fri, 04/15/2022 - 12:00 Portable Document Format (.pdf) . Click Below To Read Today's Replica Edition! No sentence may be increased, decreased, or modified without the opportunity for the defendant to appear and be heard, in person or by videoconference, and the opportunity to be represented by counsel. Whenever any document is received by the court and time-stamped as received, or the receipt is entered on the courts database, the earlier of the two shall be accepted as the filing date. 1984). Notice that an extended term of imprisonment may apply pursuant to RSA 651:6 shall be provided to the defendant in writing at least twenty-one days prior to the commencement of jury selection. The District Attorney's Office no longer furnishes the age or city of residence of the people on . The first sentence of paragraph (c) sets forth the appropriate methods of service and is a consistent restatement of RSA 516:5. Please log in, or sign up for a new account to continue reading. The motion shall set forth the grounds justifying the request and shall state whether or not counsel of record join in or object to the motion. (1) Case initiated in Circuit Court-District Division. The State may have further notice obligations under Rule 14(b)(2)(C) regarding alibi witnesses. Indictment log as of Jan. 15. With respect to the double jeopardy implications of contempt prosecutions, see State v. Goodnow, 140 N.H. 38 (1995). However, the report shall clearly indicate all such guardians for whom the court has found good cause for the late filing. (D) Copies of or access to all books, papers, documents, photographs, tangible objects, buildings or places that are intended for use by the State as evidence at trial or at a pretrial evidentiary hearing. Upon a showing satisfactory to the court that a defendant has failed to pay an assessment ordered by the court, the burden of proof shall be upon the defendant to establish by a preponderance of the evidence that he or she does not have the ability to pay and that he or she has exercised reasonable diligence in pursuing the means to pay. On Feb. 28, 2022, Pacheco is accused of pointing a firearm at A.B.. The court shall notify all parties of any hearing on the motion and the decision. No such equipment shall be used or set up in a location that creates a risk of picking up confidential communications between lawyer and client or conferences held at the bench among the presiding justice and counsel or the parties. The charge is a Class B felony offense. The State and the defendant shall be represented at the dispositional conference by an attorney who has full knowledge of the facts and the ability to negotiate a resolution of the case. (3) Motions to Continue. (j) Reduction, Suspension or Amendment of Sentence. Automatic withdrawal shall not be allowed and court approval shall be required if the basis for withdrawal is a breakdown in the relationship with the client, the failure of the client to pay legal fees, or any other conflict not specifically set forth in Rules 1.7(a), 1.9(a) and (b), and/or 1.10(a), (b), and (c) of the New Hampshire Rules of Professional Conduct. 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. Upon a sufficient showing of good cause, the court may at any time order that discovery required hereunder be denied, restricted, or deferred, or make such other order as is appropriate. Welcome! Michael Fantasia, 31, homeless, arson, reckless conduct, use of a Molotov cocktail and felon in possession of a dangerous weapon. Start your subscription for just $5 for 3 months Subscribe. The deponent in a deposition shall ordinarily be required to answer all questions not subject to privilege or excused by the statute relating to depositions, and it is not grounds for refusal to answer a particular question that the testimony would be inadmissible at the trial if the testimony sought appears reasonably calculated to lead to the discovery of admissible evidence and does not violate any privilege. 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. 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. Counsel should ordinarily be trial counsel below. The parties, within 30 days of the notice date, are permitted to respond with their position. He also is accused of holding a metallic object against J.G.s cheek and saying I have a gun several times. As provided in New Hampshire Rule of Evidence 1101(d)(3), the Rules of Evidence do not apply at the hearing. or anything. (2) Set up and dismantling of equipment in a disruptive manner while court is in session is prohibited. Photo Gallery of Sullivan House Construction. At such conference, the court shall consider the advisability and need for the appointment of a guardian ad litem to represent the interests of the alleged victim. (b) In any Circuit Court - District Division case in which all parties are represented by lawyers, all parties' counsel may agree that pleadings filed and communications addressed to the court may be furnished to all other counsel by email. (3) Joinder of Unrelated Offenses. 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. No attorney or self-represented party will be heard until an appearance is so entered. Click here to join the growing list of InkLink Community Ad Partners who, like us, are mission driven and believe in building community. 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. This category only includes cookies that ensures basic functionalities and security features of the website. In any appeal, the appealing party shall make transcript requests in accordance with New Hampshire Supreme Court Rule 15 and all other applicable rules of the Supreme Court. Such notice shall be on a court-approved form. (b) Joinder of Defendants. The rule requires that all communication with the panelists be recorded, and further provides that all communications should be conducted in the presence of counsel. NASHUA, NH The following people were indicted recently in Hillsborough County Superior Court South. 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. Apr. In first degree murder cases, both the State and the defendant shall be afforded, in addition to challenges for cause, no fewer than fifteen peremptory challenges. (f) Nothing in this rule shall prevent the court from reducing a detained or non-detained defendant's bail or conditions of bail without his or her counsel present, but if the state opposes such reduction, it shall have the right to be heard in argument before the court makes a decision. Laremy L. Varney, 20, 1000 Stonegate Rd., Apt. Once established, movement of such equipment within the courtroom is prohibited without the express prior approval of the presiding justice. Find Court Records by New Hampshire County: 2008 2023 PeopleConnect, Inc. All Rights Reserved. Upon request of any party, the court shall make sufficient findings and rulings to permit meaningful appellate review. Sullivan Superior Court (D) The applicant has engaged in such frequent appearances as to constitute common practice in this state. In practice, the factual basis for the charge referred to in Rule 11(a)(3)(A) and (b)(2)(A) is provided by the State in its offer of proof during the plea hearing. Local News On Feb. 2, 2022, he is accused of firing a gun in the residential area of Dionne Drive. Also, if a particular question cannot be asked, you must not speculate about what the answer might have been. The charge is a Class B felony offense. Logan Pacheco, 24, of Mammoth Road, criminal threatening. You also have the option to opt-out of these cookies. Where can I obtain a certified copy of a birth, death, marriage, or divorce certificate? February 27, 2023. Failure to effect actual notice shall not alone be grounds to deny a motion to unseal where the moving party has exhausted reasonable efforts to provide notice. (D) If a plea agreement is not reached at the dispositional conference, the matter shall be set for trial.