(1) The state may present proof by way of sworn affidavit or by oral testimony. 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. On March 27, 2020, Remillard allegedly threatened four people with a knife. Oral testimony, if submitted, shall be under oath and recorded. Vicmary Perez Medina, 43, of Laurel Street, second-degree assault. 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. James Perry, 31, of Claremont, was indicted for a Class B felony offense, bail jumping, for failing to appear in court as agreed. MARK LAQUIRE Mark Laquire, 27, of 44 Walnut Street in Claremont was indicted for second degree assault. Rule 14(b)(1)(A) reflects the developments in this area of the law. (8) The judge shall instruct the jury substantially as follows. Notwithstanding the agreement of the parties, the court shall exercise its sound discretion in ruling on such motions. (D) The court finds by clear and convincing evidence that the potential for conflict is very slight. (2) The person filing a motion to unseal shall have the burden to establish that notice of the motion to unseal was provided to all parties and other persons with standing in the case. 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. (1) Complex Cases. Rule 46 is consistent with the General Rules of the Circuit Court of the State of New Hampshire District Division, as set forth in Rule 1.4 (Photographing, Recording and Broadcasting). (2) Assigned Docketing. Documents which contain such information and which are in the court record shall be kept under seal from public view. The rules establish a uniform system of procedure for the circuit court-district division and superior courts, except as otherwise specifically provided. The defendant may cross-examine adverse witnesses, testify and introduce evidence. Indictment log as of Jan. 15. (3) Notice to Defendant. Such notice shall be on a court-approved form. In any case in which it is lawful for a peace officer to make an arrest for a violation or misdemeanor without a warrant, the officer may instead issue a written summons in hand to the defendant. A superior court complaint charging a misdemeanor or felony is not required to be signed under oath. (4) If twelve or more grand jurors find probable cause that a felony or misdemeanor was committed, the grand jury should return an indictment. A theft charge was filed against Travis S. Childress, 20, 305 Claymore Drive, after his employer had other area Subway managers posed as customers to get evidence of the alleged criminal activity. racist or sexually-oriented language. 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. (b) Bail. These email addresses are for WebEx access requests only. We hope that you continue to enjoy our free content. Have a Question? 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. Joinder of Offenses and Defendants, Rule 21. Take Interstate 93 North to Concord . Sullivan County Grand Jurors indicted Danielle Pollari, 41, of Newport, with knowingly having in her possession a set of metallic knuckles on Sept. 21. Felonies and misdemeanors punishable by a term of imprisonment exceeding one year shall be charged by an indictment. The Sullivan County Grand Jury indicted Timothy Hale, 52, of Georges Mills, with a Class A felony offense of first degree assault. (2) The defendant does not have the right to be present, present evidence or cross-examine witnesses. (a) Lawyers shall stand when addressing the court or examining a witness. (h) Circuit Court-District Division Appearance on Felonies. Keyser is accused of struggling with them and pulling away causing serious bodily injury to Detective Brian Gillottes left arm. (2) An attorney who is not a member of the New Hampshire Bar seeking to appear pro hac vice shall file a verified application with the court, which shall contain the following information: (A) The applicant's residence and business address; (B) The name, address and phone number of each client sought to be represented; (C) The courts before which the applicant has been admitted to practice and the respective period(s) of admission; (i) Has been denied admission pro hac vice in this state; (ii) Had admission pro hac vice revoked in this state; or. However, a courts power to suspend a rule may be limited by the state or federal constitution, state statutes or common law. 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. 4 min read. (E) Other grounds for continuance may be illness of a defendant, defense attorney, or prosecutor; want of material testimony, documents, or other essential evidence; unavoidable absence of an essential witness; and such other exceptional grounds as the court may deem to be in the interest of justice. (5) When application for sentence review is made directly to the Clerk of the Superior Court, the Clerk shall immediately mail a copy of the application to the Secretary of the Sentence Review Division, along with notice of the date such application was filed with the Clerk. (a) When allowed by law and as justice may require, the court may waive the application of any rule. If part of an offense is committed in one county, and part in another, the offense may be prosecuted in either county. (C) The lawyer notifies the court of the multiple representation and a hearing on the record is promptly held. (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. Kayla Sullivan. (b) Indictment. Martin, 37, of Newport is a convicted sexual offender (victim under 16 years of age) in the state of Vermont. Gregory Worthley, 31, of Concord, was indicted for acting in concert with Horsfield on or about Sept. 10, having allegedly possessed bath salts alpha-PHP within a motor vehicle he possessed/controlled on Corbin Road. (D) That the defendant understands that he is entitled to an arraignment conducted by the Court but is waiving that arraignment. The court shall notify all parties of any hearing on the motion and the decision. Yahaira Olivier, 47, of Spruce Street, criminal threatening, deadly weapon. (e) Fees for Lay Witnesses. The defense shall respond to the States offer no later than ten (10) days after receipt. He also is accused of hiding the gun he fired and throwing a sweatshirt he wore in the trash before fleeing the scene. On Sept. 18, 2022, Allen is accused of firing a handgun in Sheehan-Basquil Park, a densely populated area of the city with homes, apartment buildings, and an elementary school and businesses in the area. The bail commissioner shall request the defendant to complete the Request for a lawyer form prior to his or her release or detention, in which case the bail commissioner shall forward the Request for a lawyer form to the court or the defendant may return the Request for a lawyer form directly to the court in which his or her arraignment is scheduled. Objections to pending motions and affirmative motions for relief shall not be combined in one filing. Brymer, 31, of Williamstown, Vermont was arrested on Dec. 7, 2018 for knowingly receiving stolen property. On March 4, 2022, he is accused of pointing a knife at M.R., an intimate partner, and telling her she was going to die before police arrived. (1) General. racist or sexually-oriented language. Jennifer Perez Baez, 29, of Trahan Street, first-degree assault. Unlike felony cases, misdemeanor offenses need not undergo the grand jury process. Submitting this form below will send a message to your email with a link to change your password. (2) All motions must contain the word motion in the title. Momkokpo Amegnra, 30, of Old Suncook Road, Concord, criminal threatening. To preserve issues for an appeal to the Supreme Court, an appellant must have given the court the opportunity to consider such issues; thus, to the extent that the court, in its decision, addresses matters not previously raised in the case, a party must identify any alleged errors concerning those matters in a motion under this rule to preserve such issues for appeal. Counsel shall be prepared to discuss their availability for trial or hearing as scheduled by the court. Only one attorney for each party is permitted to examine or cross-examine each witness. Enter rotary and stay to the left. Malone was additionally indicted on one count each of possession of one-half gram or more of cocaine for delivery or sale, introduction or possession of cocaine into a penal institution, and maintaining a place where controlled substances are used or sold. The defendant shall be asked to enter a plea of guilty, not guilty, or, with the consent of the court, nolo contendere. (20) Any time served prior to increase, decrease, or modification of the sentence shall be counted in calculating the sentence as increased, decreased, or modified. Court approval of a withdrawal shall not be required in this circumstance unless the Notice of Withdrawal is filed less than twenty days from the date of a trial, in which case court approval shall be required. (C) Before any attorney shall in closing argument read to the jury any excerpt of testimony prepared by the court reporter, the attorney shall furnish opposing counsel with a copy thereof prepared by the reporter. None of the information offered by this site can be used for assessing or evaluating a person's eligibility for employment, housing, insurance, credit, or for any other purpose covered under the Fair Credit Reporting Act. (E) The defendant understands and waives the statutory and constitutional rights as set forth in the Acknowledgement and Waiver of Rights form.
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