Circuit Court

The following cases were recently heard in Pocahontas County Circuit Court before the Honorable Judges Robert E. Richardson and Jennifer P. Dent:

An evidentiary hearing was held in the case the Town of Durbin vs Michael Vance, wherein the three-judge panel, Paul Blake, Jack Alsop and Harry Kirkpatrick, III, attended via teleconference. The court is continuing the hearing as the court reporter has not completed the ordered transcript of the recording of the Town of Durbin meeting which will aid the court and counsel at the hearing. The counsel of record agreed that they only need a transcript of the last half hour of the recording. The court reporter will distribute the final transcript to the court and counsel. The matter is rescheduled to May 20 at 1:15 p.m. The final witness list is due seven days prior to the hearing. A motion to sequester witnesses was granted.

The court revoked probation in the case the State vs Buck Ryan Barker, 59, of Ravenswood, and the defendant was ordered to report to the custody of the West Virginia Department of Corrections to serve the remainder of his original sentence. He was given credit for jail time served of 150 days and for home incarceration time served of 71 days.

The court revoked bond March 10 in the case the State vs Rodney Brewer, 48, of Buckeye, as the defendant had violated one or more terms and conditions. In the most recent hearing, the court denied a defense motion for reinstatement of that bond.

Dustin D. Morrison, 26, of Marlinton, waived his right to a speedy trial, and defense counsel asked that he be released from home incarceration with the condition of Day Report. The State agreed to stand silent in sentencing as to the charge of Burglary. The court deferred sentencing on that Count until all other counts are resolved. The court denied release from home incarceration.

Jody Wright, 30, an inmate in the Huttonsville Correctional Center, was sentenced to not less than one year nor more than five years in the custody of WVDOCR for possession. The sentence is to run concurrent with any sentence he is now serving. Wright was given credit for time served.

The court found that Carl Lee Kidd, 39, of Bartow, had violated one or more terms of his probation. Defense counsel asked for a 45-day continuance to allow the defendant to enter a 28-day rehab program and then be referred to drug court.

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