(A) Each party shall be limited to one hour of argument unless otherwise ordered by the court in advance. Trial shall be before a jury of twelve persons unless the defendant, on the record, waives this right. (b) The court clerk shall report to the guardian ad litem board all guardians ad litem who fail to file a report by the date the report is due. In felony cases, the sentencing hearing shall be scheduled for a later date unless the court orders otherwise. The burden of proof by a preponderance of the evidence with respect to all elements of the charge shall be upon the State. (i) Correction of Sentence. (2) Set up and dismantling of equipment in a disruptive manner while court is in session is prohibited. Any petition for annulment which does not meet the requirements as set forth by statute shall be dismissed without a hearing but without prejudice to the defendants right to re-apply as permitted by law. Sullivan County Superior Court Juror Information LOCATION OF COURT The Sullivan County Superior Court is located at 22 Main Street, Newport. Thank you for signing in! Please log in, or sign up for a new account to continue reading. In all other criminal cases the defendant and the State shall, in addition to challenges for cause, be entitled to no fewer than three peremptory challenges. In exceptional circumstances, when the court finds that the application of these rules to cases pending as of the effective date would not be feasible or would work an injustice, the court may exempt such cases from the application of these rules or from a particular rule. (b) Interpretation. Should he choose the de novo jury trial in superior court and again be convicted there, he may of course appeal that conviction to this court. Thompson, 165 N.H. at 788. These rules are adopted by the Supreme Court of New Hampshire pursuant to the authority established in Part II, Article 73-A of the New Hampshire Constitution. James G. Stone, 42, 631 Chadwell Road, Kingsport, was indicted in a total of three cases on one count of failure to appear, two violations of an order of protection, and one count of resisting arrest. The following discovery and scheduling provisions shall apply to all criminal cases in the superior court unless otherwise ordered by the presiding justice. 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. 613. (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. Crime news across America. (b) Except where ex parte communications with the court are authorized by law, no person shall make any statement with regard to the merits of that person's case, orally or in writing, to any judge in whose court or before whom any suit, petition or other proceeding is pending or to be heard or tried except in open court or in the presence of all parties thereto. The following people were indicted Thursday, Sept. 1, 2022 by a McLennan County grand jury. (2) The determination of a defendants financial ability to pay the assessment shall be made by comparing the defendants assets and income with the amount of the assessment. If counsel is absent from the courthouse without permission when a jury requests additional instructions, such absence shall constitute a waiver of the right to be present during instructions given in response to the request. Non-Members of the New Hampshire Bar, Rule 44. in a case and an indictment or presentment is required for further proceedings. The rule provides a method whereby a party may ask a court to transfer cases for a plea as well as for trial. (b) For Production of Documentary Evidence and of Objects. KINGSPORT A Sullivan County grand jury handed down indictments against several defendants Wednesday. (3) In all cases where the defendant may enter a plea by mail and a summons has been issued to the defendant and in which the defendant has entered a plea of not guilty with the Division of Motor Vehicles, if the Division of Motor Vehicles has not received the complaint directly from the police agency and has forwarded the defendants not guilty plea to the designated court, the complaint must be filed with the court not later than fifteen days from the date of the courts written notice to the law enforcement agency directing that the complaint be filed. When such a bona fide question arises, the court shall proceed in accordance with RSA 135:17, RSA 135:17-a, and any other applicable statutes. The court shall allow reasonable time prior to a proceeding for the set up of such equipment. In the event that a self-represented defendant files such petition, the clerk shall forward a copy thereof to the prosecutor and the warden of the state prison. (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. indictment alleges that on October 28, 2020 . No party in a criminal case shall take the discovery deposition of a victim or witness who has not achieved the age of sixteen years at the time of the deposition. (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. 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. The court may grant or deny an annulment without a hearing. He also is accused of choking the woman and pushing her head and face into a pillow, impeding her breathing. Winds light and variable. MONTICELLO - Sullivan County Acting District Attorney Meagan Galligan announced that a Sullivan County Grand Jury handed down indictments for two alleged felons this week. The New Hampshire Supreme Court has held that once a videotaped trial deposition has been taken under RSA 517:13-a, it is not per se admissible at trial; rather, the court must make a specific finding at the time of trial that the deponent continues to be unavailable to testify for Confrontation Clause purposes. Upon the failure of either party to comply with the requirements of this rule, the court may exclude the testimony of any undisclosed witness offered by such party regarding the defendant's absence from, or presence at, the scene of the alleged offense. (14) (A) Review may be sought for any state prison sentence resulting from a finding of guilty following trial, or as a result of entering a plea of guilty, or a finding of guilty following a plea of nolo contendere, where there is no 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 "naked plea"). Kamon Seace, 28, of S. Main Street, Franklin, riot. He was indicted on a charge of theft over $10,000. A person charged with a probation violation is entitled to counsel and the appointment of counsel if deemed eligible at all stages of the proceeding. If a case is originated in circuit court-district division, within ten calendar days after the entry of a not-guilty plea by the defendant, the State shall provide the defendant with the materials specified below. 3 to 5 inches of snow expected.. 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. Laramee Pleads Guilty: Pleads Guilty to 4 Charges of Aggravated Felonious SA, New Man at the Helm: Kevin Brown Named General Manager of the Eagle Times, Send-Off for a Star: Local Musician Evelyn Cormier to Perform at Remix, 'I'm Ready for Some Help': GMUSD School Board Hears Evidence of Racial Bias, GMUSD Reverses Decision: Board Reinstates Chieftain Name After Citizen Petition, Welcome to the Eagle: The Eagle Times Welcomes Sydney McAllister to the Staff, Getting to Know the Candidates: Windsor Holds Forum for Selectboard Candidates, Community Speaks on Budget: $1M Reinstated by 41-27 Vote at Deliberative Session. At second set of lights take a left. racist or sexually-oriented language. All rights reserved. CONCORD, NH The following people were indicted recently in Merrimack County Superior Court. Take Exit 9, Warner, Route 103. A bail hearing shall be scheduled at the request of the defendant. Sorry, there are no recent results for popular videos. (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. Have a Question? 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. (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. (1) Permissibility. (1) Case initiated in Circuit Court-District Division. Put it. At the hearing, the accused may cross-examine witnesses and present evidence. In Claremont , head East on Route 11/103 ( Washington Street ) passing Walmart, K-Mart, Market Basket. Gunnip is also charged with bailjumping, having failed to appear before Sullivan County Superior Court on March 21, which was a condition of his release. If a manifest necessity requires it, a new trial shall be ordered. (ii) The court finds the subsequently scheduled case should take precedence due to the rights of a victim under RSA 632-A:9. Consistently striving to have a strong sense of duty and promote integrity, respect, loyalty, and teamwork in our daily actions setting a positive example for others to follow. Special Procedures in Superior Court Regarding Sex-Related Offenses Against Children, Rule 46. After the prosecution has rested, the defense may present evidence. We hope that you continue to enjoy our free content. If the person is released prior to being taken before the superior court, the person shall be directed to appear no more than twenty days after arrest, in superior court for arraignment at a stated time and date. (j) Automatic Withdrawal of Court-Appointed Counsel. The court may hold a hearing if requested by the state. The penalty for this offense is of 3 to 7 years in prison and a $4,000 fine. The purpose of these questions is to clarify the evidence, not to explore your own legal theories or curiosities. (2) Trial will proceed in the normal fashion until questioning of the first witness has been completed by both counsel. (2) To ensure a fair trial, avoid surprise, or for other good cause shown. When a misdemeanor conviction is appealed to superior court, the charging document is the complaint that was filed in the circuit court-district division. The bailiff will collect the questions, and I will then consider whether they are permitted under our rules of evidence and are relevant to the subject matter of the witness' testimony. (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. (2) Scheduling. A plea of guilty or nolo contendere to a violation may be accepted by the court without formal hearing unless the violation carries a statutorily enhanced penalty upon a subsequent conviction subjecting the defendant to incarceration. If prior to or during trial, a party learns of an additional witness whose identity, if known, should have been included in the information required by this rule, the party shall forthwith notify the other party, or counsel, of the existence and identity and address of such additional witness. The remaining defendants and their indictments were: Amber Nichole Rock, 22, 13150 Marietta Dr., Bristol, Va., attempt to to obtain controlled substance by fraud.