Second monthly session of Clinton Circuit Court held

Posted October 27, 2011 at 4:06 pm

The second monthly term of Clinton Circuit Court was held last Monday, October 17 with Judge Eddie C. Lovelace presiding.

Several trial dates scheduled or remained set during the proceedings, as well as other actions. The following are cases in which some resolutions were reached and/or trial dates scheduled:

* Sentencing was held in the case of Commonwealth vs. Jesse W. Pittman, pursuant to a plea agreement effectuated on September 30.

Under terms of the plea, the defendant pled guilty to manufacturing methamphetamine with a 12-year sentence imposed. He will receive credit for time served and charges of unlawful possession of a meth precursor and second degree escape were dismissed.

* A revocation hearing was held in the case of Commonwealth vs. James R. Kilgore, pursuant to a prosecution motion to revoke probation. The defendant acknowledged he had received a five-year sentence with 60 days to serve on February 11, with the condition he pay $323 in restitution. He acknowledged he had not paid the restitution and the court revoked probation and announced sentencing, minus days for time served.

The defendant had originally been charged with theft by unlawful taking, criminal possession of a forged instrument-first degree and persistent felony offender-second degree.

* During review in the case of Commonwealth vs. Jeffery Clark, charged with cultivation of marijuana, five or more plants, first offense, the court informed the parties that it would not accept the proposed plea agreement. Counsel for the defendant made an oral motion for bond reduction. The court determined the defendant a flight risk due to his failure to appear in court and overruled the motion. A trial date was set for February 17, 2012 with a pretrial conference scheduled for January 17.

* During a pretrial conference in the case of Commonwealth vs. Laura Mae Birdwell, charged with manufacturing methamphetamine-first offense, the defendant announced she has obtained Attorney Stephen Poindexter. The court stated that it would not relieve Attorney Angie Capps as attorney of record until Poindexter makes a formal appearance in the case, which remained set for trial October 25.

* During motion hour, a trial date of January 4, 2012 was scheduled in the case of Commonwealth vs. James Brian Abston, charged with criminal mischief-second degree; theft by unlawful taking, $10,000 or more and persistent felony offender-second degree.

* During a pretrial conference, a trial date of February 10, 2012 was scheduled in the case of Commonwealth vs. Ronald D. Daniels, charged with manufacturing meth-first offense; possession of a controlled substance-first degree, first offense; possession of drug paraphernalia and possession of a meth precursor, first offense. A pretrial conference was also scheduled for December 5.

* During a pretrial conference in the case of Commonwealth vs. Joey Duvall, the Commonwealth stated it would try the defendant on assault-fourth degree (minor injury) and assault-second degree, with the trial date having been scheduled for October 25. Other charges including possession of a controlled substance, possession of drug paraphernalia and persistent felony offender-second degree was continued generally pending the aforementioned trial, according to the court docket.

* During a pretrial conference in the case of Commonwealth vs. Bradley Wells, charged with sexual abuse-first degree, victim under 12 years of age, a trial date of February 17, 2012 was set, with a pretrial conference January 17 and a hearing regarding bond reduction on November 7.

* During a pretrial conference and motion for continuance in the case of Commonwealth vs. Matthew Martin Hall, charged with sexual abuse-first degree, victim under the age of 12, the case remained set for trial on October 28.

* During a pretrial conference in the case of Commonwealth vs. Laura Beth Ford, originally charged with theft of a controlled substance under $300, first offense, the Commonwealth moved to dismiss the case without prejudice, citing there was an issue with the chain of custody of certain evidence as well as the credibility of a potential witness. The court sustained the motion to dismiss the charges.

* During a revocation hearing in the case of Commonwealth vs. William Paul Daniel, charged with flagrant non-support, the defendant did not appear and an arrest warrant was issued.

Several other cases came before the court last Monday, with some competency hearings being ordered, some defendants were arraigned on charges, entering not guilty pleas and having pretrial dates scheduled, while other cases were continued for various reasons.