Circuit Court

According to Pocahontas County Circuit Clerk Connie Carr, the following hearings were held September 12 before the Honorable Judge Robert E. Richardson:

A change of plea hearing was held in the case the State vs Chastady Dawn Talkington, 34, of Elkins, wherein Talkington tendered a Kennedy plea to the lesser included offense of possession of a controlled substance. The court accepted the plea and adjudged her guilty of the misdemeanor offense. The matter was referred to the Probation Department for a pre-sentence investigation. A sentencing and disposition hearing is set for October 31. Talkington remains on current bond with the condition that she report to the Probation Department for the PSI interview. An Alford plea, is also known as a Kennedy plea in West Virginia, whereby a defendant in a criminal case does not admit to the criminal act and asserts his or her innocence.

A status conference was held in the case the State vs Buck Ryan Barker, 56, of Marlinton, wherein the court found that the defendant is competent to stand trial and answer criminal charges. The defense asked for a reduction of bond, which the court will take under advisement. Barker will have a preliminary hearing in Magistrate Court as the matter is still within that court. Bond may be reviewed there.

Amy Nicole Armstrong, 22, of Hillsboro, pleaded guilty to the charge of assault, and the state will dismiss the charge of battery. The court adjudged Armstrong guilty of the offense of assault. Defense asked that sentencing proceed that day. The court sentenced the defendant to no incarceration, fined her $100 and assessed costs in the proceeding in Magistrate Court. Restitution will be assessed if the victim seeks it.

Plea negotiations are ongoing in the case the State vs Robert Allen Eary, 20, of Cass.

In his arraignment hearing, Timothy Lee Queen, 31, of Bartow, pleaded not guilty to one count, conspiracy; and one count, delivery of a schedule II controlled non-narcotic substance.

Arraignment in the case the State vs Charles Calhoun, 33, of Marlinton, was continued until a court appointed attorney could be present. Calhoun was indicted for burning of personal property of another and third degree arson.

Defense asked to sever counts in the case the State vs Gregory Keatley, 35, of Marlinton. A status conference is set for October 3. Keatley was indicted on delivery of a Schedule II controlled non-narcotic substance and three counts delivery of a Schedule III controlled substance.

The following hearings were held September 13 before the Honorable Judge Jennifer P. Dent:

A status conference was held in the case the State vs Robert R. Hall, 61, of Hillsboro, wherein defense counsel related that the admissibility of the defendant’s statement is not contested at this time. A non-jury trial is set for October 11.

Trial is set for September 18 in the case the State vs Anna Faye Sheets, 50, of Marlinton. Sheets  was indicted on two counts, delivery of a Schedule III controlled narcotic substance; and one count, delivery of a Schedule II controlled non-narcotic substance.

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