CALHOUN MAGISTRATE COURT RULINGS - August-September 2009 Cases

(02/08/2010)
Disposition of criminal cases in Calhoun Magistrate Court for August and September 2009.

Cases are listed by date tried, case number, defendant, age, Magistrate (Postalwait) or (Robinson) charge and disposition of case.

M = Misdemeanor - F = Felony
NCP = No Contest Plea
DUI = Driving under the influence
WCF = Worthless Check Fund
CRJ = Central Regional Jail
MVI = Motor vehicle inspection

07/28/09 - 09M-226 - State vs. Dennis Goff, 27, (Robinson) DUI. Guilty plea, assessed fine costs totaling $459.53, 30 days home confinement.

07/28/09 - 09M-227 - State vs. Dennis Goff, 27, (Robinson) Reckless driving. Dismissed per plea agreement to 09M-226.

07/28/09 - 09M-228 - State vs. Dennis Goff, 27, (Robinson) No insurance. Dismissed upon proof.

07/28/09 - 09M-229 - State vs. Dennis Goff, 27, (Robinson) No MVI. Dismissed upon state motion.

8/3/09 - 09M-236 - State vs. Levi Ernest Siers, 21, (Postalwait) Registration violation. Case dismissed upon motion of state, the defendant provided proof of valid registration for truck.

8/3/09 - 09M-237 - State vs. Levi Ernest Siers, 21, (Postalwait) No registration (trailer). Case dismissed upon motion of state, the defendant provided proof of valid registration for trailer.

8/3/09 - 09M-64 - State vs. John Phillips, adult, (Robinson) Failure to send child to school. NCP assessed fine and costs totaling $214.53.

8/3/09 - 09M-65 - State vs. John Phillips, adult, (Robinson) Failure to send child to school. Dismissed on state motion per plea agreement to 09M-64.

8/3/09 - 09M-66 - State vs. John Phillips, adult, (Robinson) Failure to send child to school. Dismissed on state motion per plea agreement to 09M-64.

8/3/09 - 09M-67 - State vs. John Phillips, adult, (Robinson) Failure to send child to school. Dismissed on state motion per plea agreement to 09M-64.

8/3/09 - 09F-33 - State vs. Shawn Anthony Pritt, 30, (Postalwait) Fraudulent schemes. Case dismissed without prejudice upon motion of the state for further investigation to be completed.

8/4/09 - 08M-131 - State vs. Teresa Ann Rogers, 37, (Robinson) Battery. Dismissed on 6 month motion.

8/10/09 - 09M-260 - State vs. Samantha Brooke Starcher, 18, (Robinson) Possession of marijuana less then 15 grams. Plea of guilty, assessed fine and costs totaling $189.50.

8/11/09 - 09M-219 - State vs. Wayne Stephen Johnson, 49, (Postalwait) Failure to dim lights. Case dismissed upon NCP to 09M-220.

8/11/09 - 09M-220 - State vs. Wayne Stephen Johnson, 49, (Postalwait) DUI. Defendant entered NCP, assessed fine and costs totaling $339.50.

8/11/09 - 09M-221 - State vs. Wayne Stephen Johnson, 49, (Postalwait) No insurance. Case dismissed upon NCP to 09M-220.

8/11/09 - 09M-222 - Wayne Stephen Johnson, 49, (Postalwait) Registration violation. Case dismissed upon NCP to 09M-220.

8/11/09 - 09M-223 - State vs. Wayne Stephen Johnson, 49, (Postalwait) Defective exhaust. Case dismissed upon NCP to 09M-220.

8/11/09 - 09F-34 - State vs. Thomas Leon Clover, 55, (Robinson) Sexual abuse. Waived to Circuit Court.

8/11/09 - 09F-35 - State vs. Thomas Leon Clover, 55, (Robinson) 3rd degree sexual assault. Waived to Circuit Court.

8/11/09 - 09F-36 - State vs. Thomas Leon Clover, 55, (Robinson) 3rd degree sexual assault. Waived to Circuit Court.

8/11/09 - 09F-40 - State vs. Gary Paul Ferrell, 40, (Robinson) Receiving/transferring stolen property. Dismissed upon state motion without prejudice.

8/11/09 - 09M-163 - State vs. Michael D. Knicely, 40, (Postalwait) Driving suspended/revoked non-DUI. Defendant entered guilty plea, assessed fine, arrest fee and costs totaling $289.50.

8/11/09 - 09M-164 - State vs. Michael D. Knicely, 40, (Postalwait) Reckless driving. Case dismissed upon guilty plea to 09M-163.

8/11/09 - 07M-170 - State vs. Michael Lee Duncan, 31, (Postalwait) Possession of a controlled substance. Case dismissed per misdemeanor statute of limitations.

8/11/09 - 07M-179 - State vs. Michael Lee Duncan, 31, (Postalwait) Obstructing an officer. Case dismissed per misdemeanor statute of limitations.

8/11/09 - 08M-158 - State vs. William (Junior) Vandal, 23, (Postalwait) Receiving stolen property. Case dismissed upon motion of the state.

8/11/09 - 08M-265 - State vs. Candace Cash, 27, (Postalwait) Destruction of property. Case dismissed upon companion felony case being settled in Circuit Court.

8/11/09 - 08M-168 - State vs. Candace Cash, 27, (Postalwait) Domestic battery. Case dismissed per misdemeanor statute of limitations.

8/11/09 - 08M-18 - State vs. Barbara Jo Walker, 46, (Postalwait) Withholding information from practitioner. Case dismissed upon companion felony case being settled in Circuit Court.

8/11/09 - 08M-19 - State vs. Barbara Jo Walker, 46, (Postalwait) Withholding information from practitioner. Case dismissed upon companion felony case being settled in Circuit Court.

8/11/09 - 08M-20 - State vs. Barbara Jo Walker, 46, (Postalwait) Withholding information from practitioner. Case dismissed upon companion felony case being settled in Circuit Court.

8/11/09 - 08M-90 - State vs. Billy Ray Hardway, 48, (Postalwait) Driving suspended-miscellaneous. Case dismissed per misdemeanor statute of limitations.

8/11/09 - 09M-37 - State vs. Heather Davis, 19, (Postalwait) Failure to attend school. Case dismissed upon the defendants graduation of high school.

8/11/09 - 09M-38 - State vs. Heather Davis, 19, (Postalwait) Failure to attend school. Case dismissed upon the defendants graduation of high school.

8/11/09 - 09M-39 - State vs. Heather Davis, 19, (Postalwait) Failure to attend school. Case dismissed upon the defendants graduation of high school.

8/11/09 - 09M-40 - State vs. Heather Davis, 19, (Postalwait) Failure to attend school. Case dismissed upon the defendants graduation of high school.

8/11/09 - 09M-41 - State vs. Heather Davis, 19, (Postalwait) Failure to attend school. Case dismissed upon the defendants graduation of high school.

8/11/09 - 09M-42 - State vs. Heather Davis, 19, (Postalwait) Failure to attend school. Case dismissed upon the defendants graduation of high school.

8/11/09 - 09M-256 - State vs. Jeffrey Duane Barr, 38, (Robinson) Domestic battery. NCP, 10 days jail with credit, assessed fine and costs totaling $174.50.

8/12/09 - 09M-257 - State vs. Toby Alden Cutshall, 38, (Robinson) Domestic battery. Dismissed by motion by state, victim does not wish to pursue.

8/12/09 - 09M-258 - State vs. Toby Alden Cutshall, 38, (Robinson) Domestic assault. Dismissed by motion by state, victim does not wish to pursue.

8/17/09 - 09M-259 - State vs. James Ricardo Roman, 42, (Postalwait) Possession of controlled substance less than 15 grams. Defendant entered guilty plea, assessed fine and costs totaling $264.50.

8/18/09 - 09M-119 - State vs. Crystal Beals, 25, (Postalwait) Domestic assault. Dismissed upon motion of the state, victim does not wish to pursue action.

8/18/09 - 09M-120 - State vs. Crystal Beals, 25, (Postalwait) Domestic battery. Dismissed upon motion of the state, victim does not wish to pursue action.

8/18/09 - 09M-261 - State vs. Brandy R. Barr, 24, (Postalwait) Domestic battery. Defendant entered NCP, sentenced to 5 days at Central Regional Jail [CRJ] with credit for time served, assessed costs of $164.50.

8/18/09 - 09M-173 - State vs. Donald Lynn Starcher, 51, (Robinson) Operating on double line. NCP, assessed fine and costs totaling $264.50.

8/18/09 - 09M-174 - State vs. Donald Lynn Starcher, 51, (Robinson) Driving while license suspended-3rd. Dismissed per plea agreement on state motion.

8/18/09 - 09M-224 - State vs. Eric D. Cunningham, 32, (Robinson) DUI. NCP, assessed fine and costs totaling $339.50, jail time credit for time served only.

8/20/09 - 08M-134 - State vs. Michael Edward Grogg, 46, (Robinson) Assault. Dismissed upon review period, no other complaints filed in time period.

8/20/09 - 08M-244 - State vs. Ronald Harris, adult, (Robinson) Peace bond. Dismissed upon review period, no other complaints filed in time period.

8/20/09 - 08M-245 - State vs. Kimberly Harris, adult, (Robinson) Peace bond. Dismissed upon review period, no other complaints filed in time period.

8/20/09 - 03M-126 - State vs. Perry Richards, 54, (Postalwait) Worthless check. Case dismissed upon guilty plea to 03M-251.

8/20/09 - 03M-127 - State vs. Perry Richards, 54, (Postalwait) Worthless check. Case dismissed upon guilty plea to 03M-251.

8/20/09 - 03M-251 - State vs. Perry Richards, 54, (Postalwait) Worthless check. Defendant entered guilty plea, assessed $25 Worthless Check Fund [WCF] and $169.50 court costs, ordered to pay $115.00 directly to victim.

8/25/09 - 09M-87 - State vs. Richard Goff, adult, (Robinson) Worthless check. No plea made, defendant paid in full $264.50 restitution and costs, no arrest made.

8/25/09 - 09M-262 - State vs. Joshua Wayne Boswell, 18, (Robinson) Battery. Guilty plea, assessed fine and costs totaling $169.50, paid in full with cash bond.

8/25/09 - 09M-263 - State vs. Joshua Wayne Boswell, 18, (Robinson) Assault. Dismissed per plea agreement.

8/25/09 - 09M-264 - State vs. Joshua Wayne Boswell, 18, (Robinson) Obstructing an officer. Dismissed per plea agreement.

8/25/09 - 09M-265 - State vs. Joshua Wayne Boswell, 18, (Robinson) Underage consumption. Guilty plea, assessed fine and costs totaling $169.50, paid in full with cash bond, 72 hours community service to sign agreement 9/8/09.

8/31/09 - 09M-277 - State vs. Michael D. Knicely, 40, (Postalwait) Driving while license revoked-2nd. Defendant entered guilty plea, assessed $1000.00 fine, and costs of $169.50, and confined to [CRJ] 6 months.

09/08/09 - 04M-302 - State vs. Jennifer Koehne, 38, (Postalwait) Worthless check. Case dismissed upon motion of the state, defendant has made restitution to victim.

09/08/09 - 04M-303 - State vs. Jennifer Koehne, 38, (Postalwait) Worthless check. Case dismissed upon motion of the state, defendant has made restitution to victim.

09/08/09 - 04M-330 - State vs. Jennifer Koehne, 38, (Postalwait) Worthless check. Case dismissed upon motion of the state, defendant has made restitution to victim.

09/08/09 - 04M-331 - State vs. Jennifer Koehne, 38, (Postalwait) Worthless check. Case dismissed upon motion of the state, defendant has made restitution to victim.

09/08/09 - 04M-332 - State vs. Jennifer Koehne, 38, (Postalwait) Worthless check. Case dismissed upon motion of the state, defendant has made restitution to victim.

09/08/09 - 04M-333 - State vs. Jennifer Koehne, 38, (Postalwait) Worthless check. Case dismissed upon motion of the state, defendant has made restitution to victim.

09/08/09 - 05M-2 - State vs. Jennifer Koehne, 38, (Postalwait) Worthless check. Case dismissed upon motion of the state, defendant has made restitution to victim.

09/08/09 - 09M-197 - State vs. John D. Hickman, 55, (Robinson) No proof of insurance. NCP, assessed fine and costs totaling $189.50.

09/08/09 - 09M-198 - State vs. John D. Hickman, 55, (Robinson) Registration violation. NCP, assessed fine and costs totaling $189.50.

09/08/09 - 09M-199 - State vs. John D. Hickman, 55, (Robinson) Improper MVI. Dismissed per plea agreement.

09/08/09 - 09M-200 - State vs. John D. Hickman, 55, (Robinson) Improper registration. NCP, assessed fine and costs totaling $189.50.

09/08/09 - 09M-272 - State vs. Tony Scott Morris, 37, (Robinson) Carrying concealed weapon. NCP, assessed fine and costs totaling $264.50.

09/08/09 - 09M-241 - State vs. Justin Roy Murphy, 21, (Robinson) DUI. Case dismissed upon NCP to 09M-246.

09/08/09 - 09M-242 - State vs. Justin Roy Murphy, 21, (Robinson) No insurance. Case dismissed upon NCP to 09M-246.

09/08/09 - 09M-246 - State vs. Justin Roy Murphy, 21, (Robinson) Expired operator's. NCP, assessed fine and costs totaling $184.50, paid in full.

09/08/09 - 09M-274 - State vs. Herbert Lee Nutter, III, 28, (Robinson) Carrying a concealed weapon. NCP, assessed fine and costs totaling $264.50 and 5 days jail with credit for time served.

09/08/09 - 09M-275 - State vs. Herbert Lee Nutter, III, 28, (Robinson) Registration violation. NCP, assessed fine and costs totaling $189.50.

09/08/09 - 09M-276 - State vs. Herbert Lee Nutter, III, 28, (Robinson) Possession less than 15 grams. NCP, assessed fine and costs totaling $164.50.

09/09/09 - 09M-273 - State vs. David Scott Jackson, 36, (Postalwait) DUI. Defendant entered guilty plea, assessed fine and costs totaling $464.50.

09/10/09 - 09M-285 - State vs. Jennifer Rose Godbey, 20 (Robinson) Possession less than 15 grams. NCP, assessed fine and costs totaling $164.50 and 6 months unsupervised probation.

09/14/09 - 09M-252 - State vs. Heather Dawn Marks, 34, (Robinson) Shoplifting. NCP, assessed fine, costs and restitution totaling $249.50.

09/14/09 - 09M-253 - State vs. Heather Dawn Marks, 34, (Robinson) Conspiracy to commit misdemeanor. Dismissed per plea agreement.

09/14/09 - 09M-254 - State vs. Douglas Wilson Marks, 38, (Robinson) Shoplifting. NCP, assessed fine, costs and restitution totaling $239.50.

09/18/09 - 09M-286 - State vs. Laverne Phillips, 61, (Postalwait) Providing false information. Defendant entered guilty plea, sentenced to 3 days at CRJ with credit for time served and assessed $164.50 costs.

09/21/09 - 09M-296 - State vs. Brittney J. McCoy, 23, (Postalwait) Worthless check. NCP, assessed fine, costs and restitution totaling $246.91.

09/22/09 - 09M-297 - State vs. Denzil Lee McKay Jr., 24, (Postalwait) Possession of a controlled substance, marijuana, Hydrocodone. NCP, assessed fine and costs totaling $264.50, placed on home confinement for 6 months 10/1/09 to 4/1/10.

09/24/09 - 09F-42 - State vs. Marvin Dean Holstein, 37, (Postalwait) Burglary. Case dismissed upon state motion, that stae would not be able to meet burden of proof, and defendant's plea to 09M-304-305-306.

09/24/09 - 09F-43 - State vs. Marvin Dean Holstein, 37, (Postalwait) Sexual abuse 1st degree. Case dismissed upon state motion, that stae would not be able to meet burden of proof, and defendant's plea to 09M-304-305-306.

09/24/09 - 09F-44 - State vs. Zachary Alan Wease, 18, (Postalwait) Possession with intent to deliver controlled substance. Defendant waived preliminary hearing. Case transferred to Circuit Court.

09/24/09 - 09M-304 - State vs. Marvin Dean Holstein, 37, (Postalwait) Petit larceny. Guilty plea, placed on 24 months unsupervised probation to run concurrent with 09M-305-306, assessed court costs totaling $164.50.

09/24/09 - 09M-305 - State vs. Marvin Dean Holstein, 37, (Postalwait) Domestic battery. Guilty plea, placed on 24 months unsupervised probation to run concurrent with 09M-304-306, assessed court costs totaling $164.50.

09/24/09 - 09M-305 - State vs. Marvin Dean Holstein, 37, (Postalwait) Destruction of property. Guilty plea, placed on 24 months unsupervised probation to run concurrent with 09M-304-305, assessed court costs totaling $164.50.

09/24/09 - 09M-10 - State vs. Roy Wayne Williams, 58, (Robinson) Battery. Dismissed, no other complaints filed in 6 month period.

09/24/09 - 09M-11 - State vs. Roy Wayne Williams, 58, (Robinson) Battery. Dismissed, no other complaints filed in 6 month period.

09/24/09 - 09M-50 - State vs. Kimberly Harris, adult, (Robinson) Failure to send child to school. Dismissed upon motion of state, child has been attending school regularly.

09/24/09 - 09M-51 - State vs. Kimberly Harris, adult, (Robinson) Failure to send child to school. Dismissed upon motion of state, child has been attending school regularly.

09/24/09 - 09M-57 - State vs. David Little, adult, (Robinson) Failure to send child to school. Dismissed upon motion of state, child is attending school regularly, and successfully attended summer school.

09/24/09 - 09M-58 - State vs. David Little, adult, (Robinson) Failure to send child to school. Dismissed upon motion of state, child is attending school regularly, and successfully attended summer school.

09/24/09 - 09M-59 - State vs. David Little, adult, (Robinson) Failure to send child to school. Dismissed upon motion of state, child is attending school regularly, and successfully attended summer school.

09/29/09 - 09M-295 - State vs. Lawrence Harold Bell, 19, (Robinson) Possession of controlled substance less than 15 grams. Guilty plea, assessed court costs of $164.50 and 6 months unsupervised probation.

09/29/09 - 09M-317 - State vs. David Allen Booher, 44, (Robinson) Driving suspended/revoked for DUI. Dismissed upon state motion - refiled with new case.

09/30/09 - 09M-287 - State vs. Derek Craig Houchin, 18, (Robinson) Leaving the scene of accident with property damage. Guilty plea, assessed fine and costs totaling $174.50, paid in full.

09/30/09 - 09M-288 - State vs. Derek Craig Houchin, 18, (Robinson) Failure to report accident. Guilty plea, assessed fine and costs totaling $174.50, paid in full.

09/30/09 - 09M-289 - State vs. Derek Craig Houchin, 18, (Robinson) Reckless driving. Dismissed per plea agreement to 09M-287-288.

09/30/09 - 09M-290 - State vs. Derek Craig Houchin, 18, (Robinson) No insurance. Dismissed upon proof and plea agreement.

Disposition of criminal cases in Calhoun Magistrate Court for October 2009 will be published Tuesday, February 9.