Circuit court calendar for first quarter of 2021 released

Posted April 6, 2021 at 12:25 pm

The past year’s COVID-19 pandemic has affected everyone in some form, and one of the major disruptions has come in the judicial branch of the court system, where for the past several months, court proceedings have not been held in person, grand juries have not met in person and court cases have been heard via teleconference.

As vaccinations continue to speed up and the virus continues to decrease, things are beginning to get back to somewhat normal, including the circuit court system. The local grand jury, for the first time since early last year, is scheduled to convene in person this Thursday, April 8, as well as the monthly session of Clinton Circuit Court.

Clinton County Circuit Court Clerk Jake Staton’s office has released the court calendar for the past few months, including local cases which were held via teleconference.

The following is a brief look at cases for Clinton Circuit Court since the beginning of this year, taking in the months of January, February and March. It includes cases in which some type of official actions or rulings were made by the court.

January court calendar:

* Final sentencing was held in the case of Commonwealth vs. Earl Ray Dalton, pursuant to a plea agreement effectuated on December 3, 2020.

The defendant entered a guilty plea to theft by deception (two counts) with a three year sentence on each count imposed. The two three-year sentences shall run concurrently for three years to serve. The Commonwealth opposed probation. The defendant received credit for time served and two counts of theft by deception were dismissed.

* During a motion hour, motion to revoke probation, in the case of Commonwealth vs. Thomas Claborn, charged with trafficking in a controlled substance, possession of a controlled substance, and other charges, the court concluded the defendant had violated terms and conditions of probation and revoked same. The defendant shall receive credit for time served.

* During motion hour, motion to revoke shock probation, in the case of Commonwealth vs. Wesley L. McGaw, charged with possession of a controlled substance and drug paraphernalia, the defendant acknowledged having violated the terms and conditions of shock probation and the court revoked same. The defendant shall receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Maria Shelton, charged with drug related offenses and persistent felony offender, the court concluded the defendant had violated terms and conditions of probation and revoked same. The defendant shall receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. James L. Smith, charged with theft by unlawful taking, persistent felony offender and other charges, the defendant acknowledged having violated terms and conditions of probation and the court revoked same. The defendant shall receive credit for time served.

February court docket:

* Final sentencing was held in the case of Commonwealth vs. Alesha Melton, pursuant to the Commonwealth’s motion to revoke pretrial diversion, which was granted by the Court on January 14.

The defendant was found guilty of possession of a controlled substance first degree (two counts) with a three year sentence on each count imposed. Also, guilty of criminal trespass first degree with a 12 month sentence imposed. Pursuant to the recommendation of the Commonwealth, the three sentences shall run concurrently for a total of three years, probated for five years with supervision.

The defendant shall receive credit for time served and enter and complete the Clinton County Drug Court Program.

* Final sentencing was held in the case of Commonwealth vs. Angie (aka) Angela R. Rains, pursuant to an agreement reached with the Commonwealth on January 14.

The defendant pled guilty to possession of a controlled substance with a three year sentence imposed and guilty to tampering with a prisoner monitoring device, with a five year sentence imposed, to run consecutively for eight years, probated for five years with supervision. The defendant was also placed on a 90 day curfew.

The defendant shall receive credit for time served and the following charges were dismissed: trafficking in a controlled substance-first degree; possession of a controlled substance-second degree; possession of a handgun by a convicted felon; possession of drug paraphernalia and marijuana and three total counts of persistent felony offender-second degree.

* During a revocation hearing in the case of Commonwealth vs. Jimmy Poynter, charged with drug related offenses and second degree persistent felony offender, in lieu of revocation, the defendant shall enroll in the 90 day restoration program at Chad’s Hope and then continue on at the facility in an employment role. The defendant shall be on unsupervised probation.

March court calendar:

* Final sentencing was held in the case of Commonwealth vs. Shayne Capps, pursuant to an agreement reached on February 11.

The defendant pled guilty to possession of a controlled substance first degree with a three year sentence imposed, to run consecutively with a Cumberland County Circuit Court indictment. Pursuant to the recommendation of the Commonwealth, the three year sentence shall be probated for five years with supervision.

The defendant shall receive credit for time served and the following charges were dismissed: driving on a suspended license-first offense, possession of drug paraphernalia and trafficking in a controlled substance first degree.

* Final sentencing was held in the case of Commonwealth vs. Crystal Crabtree, pursuant to the Commonwealth’s motion to revoke pretrial diversion, which was granted by the Court on February 11.

The defendant was found guilty of receiving stolen property under $10,000 with a five year sentence imposed. Pursuant to the recommendation of the Commonwealth, the five year sentence shall be probated for five years with supervision.

The defendant shall receive credit for time served and enter and complete the Clinton County Drug Court Program.

* During a revocation hearing in the case of Commonwealth vs. Charlotte Dawn Barnett, charged with possession of a controlled substance and promoting contraband, the court concluded the defendant had violated terms and conditions of probation and revoked same.

The defendant shall receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Donnie R. Blevens, charged with possession of burglary tools and burglary third degree, the court concluded the defendant had violated terms and conditions of probation and revoked same.

The defendant shall receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Allison Dean, charged with trafficking in a controlled substance and other offenses, the defendant acknowledged having violated the terms and conditions of probation and same was revoked.

The defendant shall receive credit for time served.

* During motion hour, motion to revoke probation in the case of Commonwealth vs. Elmer G. Neal, charged with criminal trespass and theft by unlawful taking, the court concluded the defendant had violated terms and conditions of probation and revoked same.

The defendant shall receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Hannah Warinner, charged with burglary third degree and theft by unlawful taking, the court concluded the defendant had violated terms and conditions of probation and revoked same.

The defendant shall receive credit for time served.

* During a revocation hearing, in the case of Commonwealth vs. Sierra Piercy, charged with possession of a controlled substance, drug paraphernalia and marijuana, in lieu of revocation, the defendant shall serve a 30 day sanction and be assessed for the Clinton County Drug Court Program.

* During motion hour, motion for shock probation in the case of Commonwealth vs. Brittany Ann Marie Wray, charged with possession of a controlled substance and drug paraphernalia, the court granted the motion for shock probation with an order to be tendered.