According to Circuit Clerk Connie Carr, the following cases were heard by Judge James J. Rowe on Friday, October 19:
State vs. Randall Bibb. Public defender Susan Breece stated the indictment of Bibb has incorrect information, including the defendant’s state of residence at the time of the indictment.
Breece also said she has not received any discovery concerning the alleged victim, after asking Prosecuting Attorney Donna Price to provide discovery.
Price said the discovery is a “mirror image” of what was filed in the old case against Bibb.
Judge Rowe said that case law and rules of criminal procedure state plainly that the defendant has to be put on notice of charges and indicated this matter is clearly not ready for trial.
The matter is set for a hearing in November. Price is required to provide discovery within seven days. Bibb remains free on bond.
State vs. John A. Shinaberry. Breece said the discovery provided by Price does not clarify which cows were allegedly stolen or where they were, only pictures of cows in a field were provided. Breece added that the indictment is incorrect because the dates were blank.
Price explained that the victim in the matter had a pasture lot adjacent to the defendant’s lot on the United States Forest Service. DNA testing was provided concerning a calf at market and confirmed it to be fathered by the victim’s bull.
Rowe said the state needs to adequately provide discovery to Breece. The matter is set for a pre-trial conference October 25.
State vs. William J. Russell. The matter is set for a status hearing in November. Russell’s bond will remain in effect.