Circuit Court

According to Pocahontas County Circuit Clerk Connie Carr, the following hearings were held September 19 before the Honorable Judge Jennifer P. Dent:

A hearing on a petition to revoke probation was held in the case the State vs Kimberly Vandevender, 30, of Green Bank, wherein defense counsel advised the court that her client waived her right to the initial hearing and does not contest the matter. An evidentiary hearing is set for December 5. Vandevender was indicted on eight counts, taking the identity of another person.

Defense counsel for Michael A. Stewart, 38, of Buckeye, advised the court that there is an issue with a co-defendant and a confidential informant. A motions hearing is set for September 28. Stewart was indicted on one count, conspiracy to commit a felony.

Plea negotiations are in the works in the case the State vs Joseph M. Smith, 52, of Marlinton. Smith was indicted on two counts, failure to register as a sex offender or provide notice of registration changes.

The court granted a continuance of a motions hearing in the case the State vs Kiana Woodhouse, 20, of Marlinton, as one of the witnesses in the matter was securing a crime scene in town at the time of the hearing.

A continuance was granted in a hearing of a defense motion for a continuance in the case the State vs Miranda D. Bennett, 28, of Marlinton. The defendant was not present for the hearing, and defense counsel did not know her whereabouts.

A pre-trial conference was held in the case the State vs Cody Brouwer, 24, of Marlinton, wherein defense counsel advised the court that there is an issue in this matter as it pertains to co-defendants and a confidential informant. The court will rule the same on the defense motions as to confidential informant issues in the case the State vs Anna Sheets. Brouwer was indicted on one count, Delivery of a Schedule I controlled non-narcotic substance; one count, conspiracy to commit a felony.

The following hearings were held September 20:

A pre-trial conference and a hearing on defense motion for continuance was held in the case the State vs Miranda D. Bennett, 28, of Marlinton, wherein the defendant failed to appear and a capias was issued.

A change of plea hearing was held in the case the State vs Justin A. Conley, 19, of Renick, wherein the defendant agreed to plead to a lesser offense, possession of marijuana, less than 15 grams. The court accepted the plea on a diversion agreement of probation for six months. If Conley violates the diversion agreement, adjudication will be entered and he will be subject to sentencing in the matter.

A sentencing and disposition hearing was held in the case the State vs Jennifer Fay Lambert, 30, of Mill Creek, wherein defense counsel asked for a sentence of time served or in the alternative, probation. A capias was issued June 13, 2018, for the arrest of the defendant, and the defendant knew about it a month ago and did not turn herself in. The court related that the defendant has an extensive criminal history and is not a candidate for alternative sentencing. Lambert was sentenced to 90 days in the Tygart Regional Jail and was remanded to custody.

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