Circuit Court

According to the Pocahontas County Circuit Clerk Connie Carr, the following cases were heard July 25 before the Honorable Judge Jennifer P. Dent:

Defense counsel asked for alternative sentencing of probation in the case the State vs Dustin D. Morrison, 23, of Marlinton. Pursuant to the plea agreement, the State stood silent for the sentencing. Morrison was sentenced to not less than one year nor more than five years in the state penitentiary with credit for 381 day served, excluding time at Anthony Correctional Center. He was fined $5,000 and assessed court costs to be paid within three years of release from West Virginia Department of Corrections. Morrison was remanded to custody.

The court allowed Jeremy Fitzgerald, 33, of Cass, to continue on the terms of his parole. Fitzgerald is working at odd jobs and is paying restitution as he can. The court advises that Fitzgerald should be paying a minimum of $50 per month.

A status conference was held in the case the State vs Matthew J. Tuskan, 35, of Hillsboro, wherein the state advised the court that plea negotiations are ongoing. Tuskan was remanded to custody.

The court removed Stuart Tingler, 32, of Millboro, Virginia, from the home incarceration program. He will be allowed to live with his parents in Millboro for employment purposes. Tingler is to have no contact with his victim, and all other terms and conditions of the deferred agreement still apply. Tingler agreed to waive extradition should any other charges occur.

Roslynn Nichole McCarty, 20, of Marlinton, appeared for her bond revocation hearing and waived her right to the hearing that day. Defense counsel asked that an evidentiary hearing be set. McCarty remains on current bond, and the State asked that the previously issued capias be withdrawn.

A pre-trial conference was held in the case the State vs William White Williams, 71, of Mountain City, Tennessee, wherein the state advised that the matter is ready for trial. The State has five witnesses. The defense has two or three. A non-jury trial is set for August 14.

A hearing on a motion for out of state travel for drug treatment was held in the case the State vs John Martin Stull, 28, of Bartow. The court denied the motion and Stull is to work with the probation officer to find an in- state treatment facility.

Trial is set for August 14 in the case the State vs Edward Arbogast, 39, of Marlinton.

A status conference was held July 26, in the case the State vs Leanna Woodhouse, 42, of Marlinton, wherein defense counsel advised the court that he was not fully prepared to go forward with the case at this time. Woodhouse waived her right to a speedy trial, and the matter was moved to the next term of court. Trial is set for November 7.

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