Circuit Court

According to Pocahontas County Circuit Clerk Connie Carr, the following cases were heard November 2 before the Honorable Judge Jennifer P. Dent:

A hearing was held on the State’s motion to revoke bond in the case the State vs Zachary Morrison, 30, of Buckeye, wherein the defendant waived his right to a preliminary hearing and an evidentiary hearing. The court accepted the waivers and revoked Morrison’s bond. Defense counsel asked for a continuance of trial as plea negotiations are ongoing. The defendant waived his right to a speedy trail and trial is set for December 20.

Defense counsel asked for a continuance in the case the State vs Matthew J. Tuskan, 36, of Hillsboro, to allow the defendant to enroll in a treatment program. Tuskan waiv-ed his right to a speedy trial and the matter is set for a status conference/change of plea hearing March 6, 2019.

The court revoked bond in the case the State vs Timothy Lee Queen, 31, of Bartow. The defendant was remanded to custody.

A change of plea hearing was held in the case the State vs Edward Arbogast, 39, of Marlinton, wherein the defendant was not present. Defense counsel contacted Arbogast, and said he was on his way. Arbogast advised the court that he had overslept. The court reminded the defendant that he is on bond and that it could be revoked. Arbogast tendered a written plea agreement to the court, wherein he pleaded guilty to Counts I and III of the indictment, delivery of a Schedule II controlled non-narcotic substance. The court adjudged him guilty, but will withhold sentencing and referred Arbogast to the Southeastern Drug Court Program. The State moved to dismiss Count II with prejudice. The court directed that Arbogast be hooked up on Home Incarceration with monitoring, and gain a phone line as soon as possible.

A hearing on petition for revocation of probation was held in the case the State vs Jeffrey Thomas Rose, 22, of Hillsboro. Rose waived the preliminary hearing and asked for an evidentiary hearing and dispositional hearing to be set. Those hearings will be held November 21. Rose remains on present bond.

The court granted a defense motion to reduce bond in the case the State vs Gary McKenney, 68, of Marlinton. Bond was reduced to $2,000 – $1,000 personal recognizance and $1,000 cash or surety – with the added condition that McKenney is to have no contact with two specified individuals. He was remanded to custody.

Leanna Woodhouse, 43, of Marlinton, waived her evidentiary hearing on a motion to admit evidence, and will go forward with the ruling from a similar case before the court. The defense entered a motion to view the video in this matter to determine its authenticity as the video is of poor quality. The court will allow the State to present foundation for and authenticity of the video before it rules on the motion.

Defense counsel advised the court that a resolution was in the works in the case the State vs Carl Lee Kidd, 37, of Arbovale. A status/ change of plea hearing is set for November 21.

The court determined that Dorothy Marie Nutt, 39, of Hillsboro, is competent to stand trial, and the matter will proceed in Magistrate Court. Nutt was charged with forgery and uttering.

The State objected to a defense motion to quash the indictment in the case the State vs Michael A. Stewart, 38, of Buckeye. The court will take the motion under advisement and the parties were ordered to send case law concerning the issue. Stewart waived his right to a speedy trial. Jury trial is set for February 7, 2019.

The following hearings were held November 8:

Defense counsel asked for a continuance of trial in the case the State vs George Travis Underwood, 38, of Marlinton, as plea negotiations are ongoing. Trial is continued to January 31, 2019.

A pretrial conference was held in the case the State vs Miranda D. Bennett, 28, of Marlinton, wherein defense counsel advised the court that the defendant has been referred to Southeastern Drug Court Program, but her status is not known. The court granted a defense for a short continuance of trial. The matter is set for a status conference November 21.

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