Clinton Circuit Court session held last week

Posted December 11, 2013 at 3:24 pm

A term of Clinton Circuit Court was conducted last Monday, December 2 with Circuit Judge David L. Williams presiding over the docket. The following are cases in which some type of resolutions were made, ruled on and/or trial dates scheduled.

* Sentencing was held in the case of Commonwealth vs. J. Ted Mishler, following a jury trial held in Clinton Circuit Court on November 13. The defendant was represented by Attorney Stephen Poindexter.

The court granted directive verdicts on charges of possession of a controlled substance first degree and unlawful possession of a methamphetamine precursor. After being instructed by the court, the jury determined the defendant was guilty of criminal facilitation to manufacturing methamphetamine and during the penalty phase recommended a one-year sentence, which was imposed by the court last Monday.

The defendant will also receive credit for time served as to be determined by the Kentucky Department of Corrections.

* Sentencing was held in the case of Commonwealth vs. Chancellor A. Britt, pursuant to a prosecution motion to revoke pretrial diversion, which was effectuated on September 16.

On February 4, the defendant had entered a plea of guilty to three counts of wanton endangerment with a five-year sentence on each count to run concurrent for five years, pretrial diverted for five years on the condition he pay restitution and obey all rules and regulations imposed by probation and parole.

The court determined the defendant had violated the terms and conditions of the pretrial diversion, revoked same and pronounced a five-year sentence, with the defendant to be given credit for any time already served.

* Sentencing was held in the case of Commonwealth vs. Michael L. Tweedy, pursuant to a plea agreement effectuated on November 4.

The defendant pled guilty to burglary third degree with a five-year sentence imposed, probated for five years with supervision. He will also receive credit for any time served.

* Sentencing was held in the case of Commonwealth vs. Christopher S. York, pursuant to a plea agreement effectuated on October 21.

The defendant pled guilty to theft by unlawful taking or disposition over $500 (two counts) with a five-year sentence on each count to run concurrent for five years. The sentence will be probated for five years with supervision and the defendant will be assessed by a clinician for long-term rehab and receive credit for 33 days served, but no credit for 48 days held on contempt charges.

In accordance with the plea agreement, the following charges will be dismissed: burglary 2nd degree, public intoxication, receiving stolen property under $500, criminal trespass first degree and criminal mischief third degree. The case will be reviewed on December 16.

* Sentencing was held in the case of Commonwealth vs. Richard Lee Guthrie, pursuant to a plea agreement effectuated on October 21.

The defendant pled guilty to manufacturing methamphetamine, and persistent felony offender second degree with a 30-year sentence imposed. The defendant will serve 11 months and 20 days in jail with the balance of the sentence probated for 10 years with supervision and not be released from custody but will go directly to a rehabilitation center.

In accordance with terms of the agreement, the following charges were dismissed: unlawful possession of a meth precursor, possession of a controlled substance first degree, possession of drug paraphernalia, possession of marijuana, one count of persistent felony offender, sexual abuse first degree (three counts), and persistent felony offender second degree (three counts). The defendant will also receive credit for time already served as to be determined by the Department of Corrections.

* During a review in the case of Commonwealth vs. Brandon Hall, charged with flagrant nonsupport, an order is to be entered requiring the defendant to pay an extra $100 per month toward child support arrearage and the case will be reviewed on February 13, 2014.

* During a revocation hearing in the case of Paulette Wilson, charged with tampering with physical evidence, theft by unlawful taking or disposition and persistent felony offender first degree, the court determined the defendant had violated the terms of her probation and revoked same, sentencing her to the balance of an eight-year sentence, and to be given credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Aaron Shearer, charged with flagrant nonsupport, the court determined the defendant had violated the terms of his pretrial diversion and revoked same, setting a final sentencing date for December 16.

* During a revocation hearing in the case of Billy G. Brown, charged with manufacturing methamphetamine first offense, possession of a controlled substance (meth) first offense and possession of meth precursor, first offense, the court set aside an earlier plea agreement and scheduled a trial date for January 22, 2014.

* During motion hour in the case of Timmy D. Neal, charged with criminal mischief, burglary third degree, criminal trespass, theft by unlawful taking and persistent felony offender, the court sustained a motion to consolidate cases and scheduled a pretrial conference for December 16 and a trial date for January 14, 2014.

* During arraignment in the case of Commonwealth vs. Eric Ray Storie, charged with controlled substance not in original container and possesession of a controlled substance first degree, first offense, the defendant entered a plea of not guilty and a pretrial conference of December 16 was set, with trial date scheduled for February 11, 2014.

* During arraignment in the case of Commonwealth vs. Stephanie Myers, charged with public intoxication (controlled substance), possession of a controlled substance first degree, first offense (meth), possession of a controlled substance first degree, first offense and possession of drug paraphernalia, the defendant entered a plea of not guilty. The court scheduled a pretrial conference for December 16 and set a trial date for January 22, 2014.

* During arraignment, in the case of Commonwealth vs. Misty Duvall, charged with criminal mischief first degree and theft by unlawful taking, the defendant entered a plea of not guilty. The court scheduled a pretrial conference for December 16 and set a trial date for February 11, 2014. The court also ordered the defendant drug tested and she tested positive for benzodiazepines and was found in contempt of court and placed in the custody of the jailer.

* During a pretrial conference in the case of Commonwealth vs. Buddy R. Longwell, charged with DUI fourth offense, DUI on suspended license second offense and two counts of persistent felony offender second degree, the court wrote that the case remains set for trial on February 26, 2014.

Some other cases were also on the calendar last Monday but continued for various legal reasons, including some where defendants weren’t transported from out-of-county detention facilities.