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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; (D) assessing the costs and attorneys fees against the party or counsel who has violated the terms of this rule. 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). (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. (j) Automatic Withdrawal of Court-Appointed Counsel. 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. (A) Except in exceptional circumstances, all requests for continuances or postponements by the defendant in a criminal case shall be in writing signed by the defendant and counsel. We strive to provide accurate information, however, Courtreference.com is not an official source of information for any court or court clerk. The court may waive the requirements of this rule for good cause shown. (1) Opening Statements. (a) Whenever a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide information in a proceeding before, or ancillary to, a Circuit Court-District Division or Superior Court or a Grand Jury, a prosecutor may, with the prior written approval of the Attorney General or County Attorney for the jurisdiction where offenses are alleged to have occurred, request an order from the court requiring such individual to give testimony or provide other information that the individual refuses to give or provide on the basis of the privilege against self-incrimination, when in the judgment of the Attorney General or County Attorney: (1) The testimony or other information from such individual may be necessary to the public interest; and. The notice shall be given orally by the judge in open court in the presence of the defendant or, on application of an attorney for the State or of an attorney appointed by the court for that purpose, by an order to show cause or an order of arrest. An agreement of the parties that a document is confidential or contains confidential information is not a sufficient basis alone to seal the record. Monte Wisecup. Low 33F. The court shall also tell the defendant that there is no obligation to make a statement and that any statement may be used against the defendant. (1) Deadlines for Filing Plea Agreements. At the request of the party filing the pleading, the court shall forward a copy of the pleading to the party or counsel specified in the request. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Belknap County on or after July 1, 2016. Police said James Stone called 911 while officers were speaking to his wife at his residence on June 22, 2007, about one violation. (a) Complaint. (6) Interviews within the courtroom are not permitted before or after a proceeding. Then partly to mostly cloudy overnight. High around 35F. We also use third-party cookies that help us analyze and understand how you use this website. (b) Issuance of Arrest Warrant. The Supreme Court's review in such cases shall be limited to questions of law. On Feb. 18, 2022, Jackson is accused of firing a gun, striking a building at 96 Notre Dame Ave. Joan Josif Jokai-Weiss, 61, of Hanover, Germany, theft by deception. (9) (A) The Secretary shall contact the Clerk of the Sentencing court to arrange for production to the Sentence Review Division of a transcript of the sentencing hearing and of the materials set out in Sentence Review Division Rule 16. racist or sexually-oriented language. 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. Strafford County Attorney Tom. (f) Sanctions for Disclosure of Confidential Information. Boykin v. Alabama, 395 U.S. 238 (1969); Richard v. MacAskill, 129 N.H. 405 (1987). On Aug. 22 the Grand Jury of the Sullivan County Superior Court in Newport handed down several indictments. The charge is a Class B felony offense. (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. Madigan, 57, of Brattleboro, Vermont received medical assistance to which he was not entitled between July 1, 2015 and April 30, 2017 in Claremont. The Sullivan County Grand Jury indicted Jody E. Barry, 35, of Claremont, with driving a motor vehicle while under the influence of a substance that impairs a persons ability to drive, causing a collision to the person of Jody E. Barry, and having done so while on release from Grafton County Superior Court. 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. Such persons shall be entitled to a bail hearing at that time. (6) The court shall review the motion to seal and any objection to the motion to seal that may have been filed and determine whether the unredacted version of the document shall be confidential. The motion shall be filed as far in advance of the proceeding as is practicable. (1) If the defendant is not detained prior to arraignment, his or her arraignment shall be scheduled no earlier than thirty-five (35) days from the time of his or her release with a written summons or by the bail commissioner, unless otherwise required by law, by administrative order or requested by a party. If the court accepts a plea agreement, the sentence imposed by the court shall not violate the terms of the agreement. (7) The court may appoint counsel at state expense to represent an indigent defendant at an ability to pay or perform hearing held pursuant to this rule in a case in which the court finds that the issues are of sufficient complexity or that other special circumstances exist such that it would be fundamentally unfair to require the defendant to proceed without counsel. The prosecutor shall be responsible for informing the victim or next of kin of the right to so address the court. As Rule 26 reflects, if counsel has left the courthouse with the courts permission, counsel has not waived the right to be present when an instruction is to be given in response to a jurys question. (a) General. The document shall remain under seal pending ruling on a timely motion. (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. PLEASE TURN OFF YOUR CAPS LOCK. A defendant who was prevented from appealing through mistake, accident, or misfortune, and not from neglect, may, within thirty days of the imposition of sentence by the circuit court district division, request the superior court to allow an appeal. None of these persons shall reveal any information contained in the questionnaires to any person except as may be necessary in connection with the prosecution or defense of the case or cases for which access was granted. Eight individuals were indicted on criminal charges by a Brown County grand jury on Feb. 9. 140 Blountville Bypass. (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. (b) Videotape trial testimony taken pursuant to this rule shall be conducted before the judge at such a place as ordered by the court in the presence of the prosecutors, the defendant and counsel, and such other persons as the court allows. Under paragraph (b), upon a finding of necessity by a preponderance of the evidence, the trial court may order a deposition over a partys objection. You also have the option to opt-out of these cookies. Those communications, though, like all other communications with jurors, must be recorded. 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. Michael J. Kustra, 31, of Pine Street, No. The probationer shall: (1) Report to the probation/parole officer at such times and places as directed, comply with the probation/parole officer's instructions, and respond truthfully to all inquiries from the probation/parole officer; (2) Comply with all orders of the court, board of parole or probation/parole officer, including any order for the payment of money; (3) Obtain the probation/parole officer's permission before changing residence or employment or traveling out of state; (4) Notify the probation/parole officer immediately of any arrest, summons or questioning by a law enforcement officer; (5) Diligently seek and maintain lawful employment, notify probationer's employer of probationers legal status, and support dependents to the best of probationers ability; (6) Not receive, possess, control or transport any weapon, explosive or firearm, or simulated weapon, explosive, or firearm; (7) Be of good conduct and obey all laws; (8) Submit to reasonable searches of probationers person, property, and possessions, as requested by the probation/parole officer, and permit the probation/parole officer to visit probationers residence at reasonable times for the purpose of examination and inspection in the enforcement of the conditions of probation or parole; (9) Not associate with any person having a criminal record or with other individuals as directed by the probation/parole officer unless specifically authorized to do so by the probation/parole officer; (10) Not indulge in the illegal use, sale, possession, distribution, or transportation, or be in the presence, of controlled drugs, or use alcoholic beverages to excess; (11) Agree to waive extradition to New Hampshire from any state in the United States or any other place and agree to return to New Hampshire if directed by the probation/parole officer; and. This website uses cookies to improve your experience. Winds light and variable. 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.

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