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Circuit Court

According to Pocahontas County Circuit Clerk Connie Carr, the following cases were heard May 17 and 18 before the Honorable Judge Jennifer P. Dent:

A status conference was held in the case the State vs Thomas Harry Sayre, 45, of Marlinton, wherein defense counsel asked that the matter be set for motion. The state has provided discovery in the case. Sayre is charged with assault on school employees x 3. The case was transferred to circuit court from magistrate court.

A sentencing and disposition hearing was held in the case the State vs Christina M. Giese, 35, of Arbovale, wherein the probation office tendered a memo to the court indicating that Giese has not complied with appointments. She is, at present, incarcerated in Allegheny County, Virginia. The probation department was ordered to travel to Virginia for the purpose of interviewing the defendant for a pre-sentence investigation report. Giese pleaded guilty to uttering.

A sentencing and disposition hearing was held in the case the State vs Adam Via, 19, of Dunmore, wherein defense counsel asked for alternative sentencing. The State stood silent at sentencing, but asked that two charges be dismissed against the defendant. The court granted the dismissal. Via was remanded to the Regional Jail Authority, which, in turn, transferred him to a facility for a 60 day diagnostic evaluation. Upon completion Via will be transported back to the regional Jail. Via tendered a plea agreement in March wherein he pleaded no contest to three counts of grand larceny. The court adjudged him guilty of the same.

In the sentencing and disposition hearing in the case the State vs Kevin Phillips, 44, of Marlinton, the defendant was sentenced to not less than one year nor more than five years in the state penitentiary and fined $1,000. Court costs were also assessed. The sentence was suspended and the defendant was placed on probation for five years. Special term of probation shall be Home Incarceration Day Report Program. Phillips had pleaded guilty to one count delivery of a Schedule II controlled narcotic.

In the case the State vs Earl Ray Adkins, Jr., 47, of Hillsboro, the probation department reported that the defendant has not kept appointments and a pre-sentence investigation report has not been done. Adkins lives three hours away. The court explained the benefits of a pre-sentence investigation report and rescheduled the matter for June 28. Adkins pleaded guilty to the misdemeanor offense of driving under the influence of alcohol, second offense, and the court adjudged him guilty of the same.

Kristopher Dale Nutter, 37, of Marlinton waived the hearing to revoke probation. An evidentiary hearing/disposition is set for May 24 in the matter. Nutter was remanded to custody.

Defense counsel for Megan Josephine Stewart, 26, of Oceana, asked that his client’s guilty plea be withdrawn, as she has successfully completed the drug court program. The matter is set for July 13 for further oral argument on the motion. The matter remains on the trial docket for May 25.

A hearing was held in the case the State vs Dustin D. Morrison, 22, of Marlinton, wherein the court heard from three witnesses and the defendant with regard to his used of drugs and violating home confinement. The court terminated Morrison’s participation in the Southeastern Drug Court Program. The court granted the state’s motion to revoke bond, as the defendant voluntarily and willingly admits to violation of his bond. Morrison was remanded to custody.

A two-day trial in Greenbrier County is set for November 16 in the case the State vs Brian J. Adams, 58, of Charlottesville, Virginia. Defense counsel asked for the continuance to the next term. Adams waived his right to a speedy trial. Not all discovery has been provided and evidence to be used from social media amounts to “thousands of pages.”

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