New Hampshire Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify

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Multi-State
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US-02238BG
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Word; 
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It has been held that a court of original general jurisdiction has plenary power (complete power) over its judgments during the term at which they were rendered, and that the court may modify a sentence during that term by reducing the punishment to be served. However, some authorities have held that when a valid judgment and sentence have been rendered, the court has no jurisdiction, after the sentence has been executed in whole or in part, to set it aside and impose a new sentence. A state statute may provide authority for the reduction of a sentence in compliance with the statute's terms.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons | New Hampshire Judicial Branch.

Authenticating or Identifying Evidence. (a) In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.

Impeachment by Evidence of A Criminal Conviction. (2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving - or the witness's admitting - a dishonest act or false statement.

Federal Rule 609 provides that a witness' credibility may be impeached with evidence of his or her prior criminal convictions: "There is little dissent from the general proposition that at least some crimes are relevant to credibility but much disagreement among the cases and commentators about which crimes are usable ...

The superior court will dismiss without prejudice all felony complaints and enhanced misdemeanors if the defendant has not been indicted within 60 days after the defendant has appeared in superior court to answer to the charge.

Absent full disclosure to and consent by the former client, Rule 1.9 prohibits an attorney who has represented a client in a matter from representing another person ?in the same or a substantially related matter? where the clients' interests in the matter are ?materially adverse,? unless the former client consents ? ...

New Hampshire Rule of Evidence 404(b) permits evidence of ?other crimes, wrongs, or acts? as ?proof of motive . . . intent . . . knowledge . . . or absence of mistake or accident?.

Rule 609 of the Federal Rules of Evidence deals with the impeachment of a witness by evidence that the witness has been previously convicted of a crime.

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New Hampshire Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify