First 2012 session of Clinton Circuit Court conducted

Posted January 11, 2012 at 9:41 pm
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The first term of Clinton Circuit Court for 2012 was held last Tuesday, January 3 with Circuit Judge Eddie C. Lovelace presiding over the court docket.

The following are cases in which some type of resolutions and/or final actions were taken:

* During motion hour, the court revoked probation in the case of Commonwealth vs. Ronnie Bowlin, pursuant to a prosecution motion to revoke.

The defendant acknowledged that on June 4, 2007, he was granted a sentence of five years, probated for five years, on a charge of trafficking in a controlled substance-first degree, first offense. Terms of probation were that he remain drug and alcohol free and remain in Pulaski County. He further acknowledged that on November 8, 2011 he tested positive for hydrocodone, xanax and methadone and had also spent nights with a family member in Clinton County without having permission.

The court sustained the motion to revoke probation and handed down the five-year sentence, with the defendant to receive credit for time served as determined by the Kentucky Department of Corrections.

* During motion hour, on a motion by the Commonwealth to revoke pretrial diversion, the court revoked the diversion in the case of Commonwealth vs. Amanda Elaine Waid.

Following testimony, the court found that on July 18, 2011, the defendant entered a plea of guilty to theft of a controlled substance and received a two-year sentence, pretrial diverted for two years. Part of the terms were to pay $160 in restitution and complete the Clinton County Drug Court Program. The court determined the defendant had several positive drug tests and was terminated from the drug court program on December 5, 2011.

The court sustained the motion to revoke pretrial diversion and scheduled final sentencing for January 17. The defendant will receive credit for jail time served, if any, to be determined by the Kentucky Department of Corrections.

* During a pretrial conference, a plea was entered in the case of Commonwealth vs. Larry Kay Wallace.

The Commonwealth recommended dismissing charges of possession of drug paraphernalia and persistent felony offender-second degree. Upon a plea of guilty to possession of a controlled substance-first degree, the defendant would receive a three year sentence, probated for three years with supervision.

Final sentencing is scheduled for January 17.

* During a pretrial conference in the case of Commonwealth vs. Ricky Dewayne Jones, charged with theft by unlawful taking and persistent felony offender-second degree, based on the appearance and demeanor of the defendant, the court requested he be drug tested. The defendant tested positive for methamphetamine, oxycodone, methadone, opiates, benzodiazapines, marijuana and suboxone.

The defendant was found to be in contempt of court and sentenced to six months in jail and the trial that was scheduled in the case for January 4 was cancelled.

* During motion hour, in the case of Commonwealth vs. Jamie Herald, charged with manufacturing methamphetamine-first degree and possession of a controlled substance-first degree, defense counsel made a motion to reduce bond.

A bond hearing was held and the court overruled the motion, stating the defendant was a flight risk due to the fact he was found hiding under a porch when initially detained and that due to the nature of the crime and the inherent dangers of methamphetamine, the defendant poses a significant risk to public safety.

* In the case of Commonwealth vs. Shelia Key Burchett, originally charged with possession of marijuana and cultivation of marijuana, more than five plants, the Commonwealth stated it was reluctant to try the case based on lack of evidence connecting the defendant to the crime and noted quick jury acquittal in the last criminal trial, which had limited direct evidence.

The court sustained the prosecution’s motion to dismiss the case.

* During a pretrial conference in the case of Commonwealth vs. Mark Melton, charged with cultivation of marijuana, more than five plants, manufacturing methamphetamine-first offense and possession of drug paraphernalia, another pretrial conference was scheduled for January 17 with a trial date remaining set for February 2.

* During a pretrial conference in the case of Jonathan Edwin Duvall, charged with theft by unlawful taking (auto) and criminal trespass-first degree, the defendant did not appear in court and a warrant of arrest was issued.

Several other cases were on the docket last week, with several defendants scheduled to enter pleas in circuit court on January 17. Other cases were continued for various reasons and a few defendants appeared for arraignment, entering not guilty pleas and having future court dates scheduled.