Circuit court has busy November session

Posted November 19, 2014 at 3:46 pm

The monthly term of Clinton Circuit Court was held last Thursday, November 13 with a heavy docket presided over by Circuit Judge David L. Williams.

The following is a part of the court calendar which saw some type of resolutions, ruling or trial date scheduled:

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. William Pate.

The Commonwealth recommended amending the charge of assault first degree to second degree and burglary second degree to third degree, with a plea of guilty on each amended charge, the defendant would receive a five year sentence to run concurrent for five years to serve.

Final sentencing is scheduled for December 11.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Gabe Beaty.

The Commonwealth recommended dismissing the charges of possession of burglary tools and criminal mischief third degree. Upon a plea of guilty to burglary third degree (two counts), the defendant would receive a five-year sentence and upon a plea of guilty to criminal mischief first degree, he would receive a five-year sentence to run concurrent for five years, pretrial diverted for five years with supervision and be credited for any time served and pay restitution, jointly and severally, of $1,115.62 and enter and complete the Clinton County Drug Court Program.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jonah Jones.

The Commonwealth recommended dismissing charges of possession of burglary tools and criminal mischief third degree. Upon a plea of guilty to two counts of burglary third degree he would receive a five-year sentence and on a plea of guilty to criminal mischief first degree, he would receive a sentence of five years to run concurrent for five years, pretrial diverted for five yeas with supervision. He would also receive credit for any time served, pay restitution jointly or severally in the amount of $1,115.62 and enter and complete the Clinton County Drug Court Program.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Hannah Warinner.

The Commonwealth recommended dismissing the charge of theft by unlawful taking or disposition. Upon a plea of guilty to burglary third degree, the defendant would receive a five-year sentence, pretrial diverted for five-years, serve 75 days in jail with time credited for any time served, pay restitution in the amount of $2,050 and enter and complete the Clinton County Drug Court Program.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Luther Shawn Conner.

Upon a plea of guilty to flagrant nonsupport, the defendant shall receive a five-year sentence, pretrial diverted for five years and pay regular child support and additional child support until arrearage is paid.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Amanda Ball.

The Commonwealth recommended that upon a plea of guilty to flagrant nonsupport, the defendant would receive a four-year sentence, pretrial diverted for five years, unsupervised as long as the defendant resides outside the State of Kentucky. She was ordered to pay regular child support and additional child support until arrearage is paid.

* During a revocation hearing in the case of Commonwealth vs. Jonathan E. Duvall, charged with theft by unlawful taking and criminal trespass, the defendant acknowledged he violated the conditions of his probation and the court revoked probation and credited the defendant with any time served.

* During a revocation hearing in the case of Commonwealth vs. Jonathon A. Stuber, charged with possession of a meth precursor, possession of a controlled substance and manufacturing methamphetamine, the defendant acknowledged he had violated the terms of pretrial diversion. The court revoked pretrial diversion and set final sentencing for December 11.

* During motion hour, in the case of Commonwealth vs. Joshua E. Shaw, charged with possession of a controlled substance, possession of a meth precursor and drug paraphernalia and manufacturing methamphetamine, the Court denied a motion for shock probation.

* During a revocation hearing in the case of Commonwealth vs. Stephanie Myers, charged with public intoxication, possession of a controlled substance, drug paraphernalia and trafficking in a controlled substance, in lieu of revocation, the defendant shall enter and complete the Clinton County Drug Court Program.

* During a revocation hearing in the case of Commonwealth vs. Karla Renee Martin, charged with possession of a controlled substance and drug paraphernalia, Attorney Lee Whittenburg withdrew as counsel, with Attorney Angela Capps to represent the defendant. In lieu of revocation, she will be assessed regarding eligibility for drug court.

* During motion hour, in the case of Commonwealth vs. Samuel Taylor Sheffield, charged with three counts of wanton endangerment and operating a motor vehicle under the influence, in lieu revocation, the defendant is to serve two weekends in jail.

* During motion hour, in the case of Commonwealth vs. Lindsay Angela Hanna, charged with possession of a controlled substance, drug paraphernalia, carrying a concealed weapon and possession of a defaced firearm, in lieu of revocation, the defendant is to enter and complete the Clinton County Drug Court Program.

* During a pretrial conference in the case of Commonwealth vs. Christopher Ayers, charged with sexual abuse first degree, victim under age 12, a suppression hearing was scheduled for December 11 and a trial date set for February 24, 2015.

* During a pretrial conference in the case of Commonwealth vs. David Bryan Brown, charged with four counts of theft by unlawful taking and one count each of burglary third degree and criminal trespass second degree, a trial date was scheduled for January 23, 2015 with a pretrial conference on December 11.

* During a pretrial conference in the case of Commonwealth vs. Amanda Shaw, charged with possession of a forged instrument first degree, the December 3 trial date was cancelled with a pretrial conference set for December 11.

* During a pretrial conference in the case of Commonwealth vs. Anthony W. Wilson, charged with trafficking in a controlled substance within 1,000 feet of a school, possession of drug paraphernalia and three counts of trafficking in marijuana less than eight ounces, the trial scheduled for November 19 was continued with a pretrial conference set for December 11.

* During a pretrial conference in the case of Commonwealth vs. Nick Posey, charged with flagrant nonsupport, a trial date was scheduled for January 23, 2015 with a pretrial conference set for December 11.

* During arraignment in the case of Commonwealth vs. Brian Shane Burchett, charged with burglary third degree, assault fourth degree, wanton endangerment and two counts of persistent felony offender, the defendant entered a plea of not guilty with a trial date scheduled for February 16, 2015 and a pretrial conference for January 8, 2015.

* During a review in the case of Commonwealth vs. Matthew Cross, charged with two counts each of forgery and possession of a forged instrument, the defendant did not appear and a warrant of arrest was issued with the court noting the defendant shall be held until he has paid $318.00.

* During a review in the case of Commonwealth vs. Patrick Eller, the court noted the defendant has made the required payment and the matter is to be removed from the active docket.

Several other cases were on the docket last Thursday with many cases being set for pretrial conferences and others continued for review or other reasons.