Circuit Court News
According to Circuit Clerk Connie Carr, Judge James Rowe presided over hearings in Pocahontas County on Wednesday, July 11.
State vs. Edwin Kinnison. Kinnison was remanded to custody with the admonishment from Rowe that he obtain employment and a residence and comply with the home confinement program. Kinnison's bond was revoked and he waived his right to an evidentiary hearing. Kinnison, 55, of Marlinton, was charged with failure to pay child support.
State vs. William Warren McLaughlin. A charge of delivery of a controlled substance against McLaughlin, 31, of Marlinton, were dismissed because defense counsel had not received lab reports. Prosecuting Attorney Donna Price said she also had not received lab reports and asked for the dismissal.
State vs. Christina Taylor. Taylor waived her right to a speedy trial and was scheduled for a status conference on August 10. Taylor, 35, of Cass, is charged with two counts delivery of a controlled substance.
State vs. Crystal Dawn Baker. Baker, 29, of Marlinton, has completed Day Report and Drug Court Programs as well as completed her Associate's Degree in Business Administration. Baker related to the court that her case has been delayed time after time, and she asks that it be put on the docket. Price asked for the charges against Baker to be dismissed because of her progress. The arresting officer was not present, and Rowe set the matter for a status conference on July 17.
State vs. Shane Currence. Currence, 31, of Belington, pled guilty to attempted grand larceny. Currence was originally indicted for Grand Larceny. Currence's case was referred to the Probation Department. Sentencing was set for September 7. Currence was remanded to custody.
State vs. Roger W. Teter, Jr. Rowe said Teter had shown no remorse, according to the pre-sentence report. Teter was sentenced to six months in the regional jail for Improper Use of Vehicle Registration, and fined $500. He was also sentenced to six months in the regional jail for possession of a controlled substance and six months for petit larceny. Rowe said the sentences were to run consecutively. Teter was remanded to custody.
State vs. Christopher Gumm. A charge of possession of a controlled substance against Gumm, 33, of Marlinton was dismissed.
State vs. George Bradley Sewell. Sewell, 31, of Hillsboro, was remanded to custody because Rowe said he had not complied with Day Report Program by being disruptive and inattentive. Rowe reinstated an earlier sentence of one-to-five years for grand larceny and transferring stolen goods.
State vs. Derek Hannah. Rowe denied a motion for a reconsideration of sentence. The hearing stemmed from a plea last year to a 2007 charge of burglary. Hannah's defense counsel told Rowe his client had completed 11 months at Anthony Correctional Center and has full-time employment.
In a hearing with Prosecuting Attorney Donna Price, Rowe asked the prosecutor what she is doing to resolve the matter of orders not being prepared for the court since the issuance of a letter giving her 30 days to comply. Price said she first began working on cases in a list given to her by Judge Joseph Pomponio, but has been hampered by the fact that some of the orders, which former Prosecuting Attorney Walt Weiford had not prepared, related to old cases. Price indicated she was responsible for preparing these orders, as well. Rowe asked for a list of the orders not prepared and a response with an explanation. A further hearing will be held August 24.
In a post-trial motion, defense attorney Michael Whitt asked Rowe to overturn the verdict in State vs. Charles Stull. Stull was convicted of voluntary manslaughter on June 29. Whitt said Price had not produced any evidence of malice, heat of passion or animosity toward the victim, 20-year-old Jesse Bennett. Price said the jury went through the proper channels asking questions and following the jury instructions. Rowe agreed and said the jury found intent simply by the defendant having a loaded gun.
The judge ruled the verdict will stand. Stull's co-counsel, Gene Simmons, asked that Stull be transported to the Southern Regional Jail.