CALHOUN MAGISTRATE COURT RULINGS - August 2012 Cases

(09/22/2012)
Cases are listed by Magistrates, date tried, case number, defendant, age, charge and disposition of case.

M = Misdemeanor - F = Felony
NCP = No Contest Plea
DUI = Driving under the influence
W/C = Worthless check
WCF = Worthless Check Fund
BSC = Bank Service Charge
CRJ = Central Regional Jail
MVI = Motor vehicle inspection
BAC = Blood alcohol content

Disposition of criminal cases in Calhoun Magistrate Court for the month of August 2012.

Magistrate Richard Postalwait

8/07/12

12M-222 - State vs. Adam Ray Webb, 32. Possession of fishing paraphernalia without license. Case dismissed upon motion of the prosecutor.

12M-223 - State vs. Adam Ray Webb, 32. Insufficient number of flotation devices. Case dismissed upon motion of the prosecutor.

8/09/12

12F-067 - State vs. Johnathan Peck, 36. Sexual abuse by parent. Case dismissed without prejudice upon motion of the prosecutor that the victim recanted her initial statement.

12F-068 - State vs. Johnathan Peck, 36. Sexual abuse 1st degree. Case dismissed without prejudice upon motion of the prosecutor that the victim recanted her initial statement.

8/14/12

11F-081 - State vs. Sarah Ester Bracewell, 36. Delivery of a controlled substance. Case dismissed upon upon motion of the prosecutor pursuant to a plea.

12M-231 - State vs. J.D. Hess, 29. Assault. Case dismissed without prejudice upon motion of the prosecutor.

8/15/12

12M-289 - State vs. Andrew Persinger, adult. Trespassing. Defendant entered no contest plea. Assessed fine and costs totaling $185.80.

8/16/12

99M-050 - State vs. Gary Ackley, 27. Underage possession of tobacco. Case dismissed upon statute of limitations.

12M-047 - State vs. Joshua Timothy Blair, 32. Driving under the influence. Case dismissed upon motion of the prosecutor.

12M-256 - State vs. Elvis Boswell, 22. Assault. Defendant entered no contest plea. Assessed fine and costs totaling $256.80.

12M-257 - State vs. Elvis Boswell, 22. Obstructing an officer. Case dismissed upon no contest plea to 12M-257.

12M-038 - State vs. February Michelle Williams, 34. Registration violation. Case dismissed upon motion of the prosecutor that the defendant has remedied the title, registration and insurance issues.

12M-039 - State vs. February Michelle Williams, 34. No proof of insurance. Case dismissed upon motion of the prosecutor that the defendant has remedied the title, registration and insurance issues.

12M-147 - State vs. Joseph Austin Richards, 16. Speeding. Case dismissed upon motion of the prosecutor.

8/21/12

12M-287 - State vs. Leila Hardway, 40. Obstructing an officer. Defendant entered guilty plea. Assessed fine and costs totaling $185.80.

12M-309 - State vs. Okey Davis II, 39. Battery. Defendant entered no contest plea. Assessed fine and costs totaling $190.80.

12M-307 - State vs. Gary C. May, 63. Open burning of waste tires. Defendant entered no contest plea. Assessed fine and costs totaling $265.80.

12M-308 - State vs. Gary C. May, 63. Open burning. Defendant entered no contest plea. Assessed fine and costs totaling $265.80.

8/22/12

12F-074 - State vs. Okey Dean Davis II, 39. Unlawful/malicious wounding. Case dismissed upon motion of the prosecutor pursuant to plea.

12F-075 - State vs. Okey Dean Davis II, 39. Conspiracy to inflict injury. Case dismissed upon motion of the prosecutor pursuant to plea.

8/23/12

12F-082 - State vs. Dennis Cleo Wease, 57. Manufacture of controlled substance. Case dismissed upon motion of the prosecutor pursuant to plea agreement 12M-314.

12M-288 - State vs. Dennis Cleo Wease, 57. Domestic battery. Case dismissed upon motion of the prosecutor pursuant to plea agreement 12M-314.

12M-314 - State vs. Dennis Cleo Wease, 57. Possession of a controlled substance less than 15 grams. Defendant entered guilty plea. Assessed fine and costs totaling $265.80. Paid in full.

8/27/12

12M-324 - State vs. Mark Anthony Butler, 23. Left of center. Case dismissed upon motion of the prosecutor.

12M-325 - State vs. Mark Anthony Butler, 23. Driving under the influence. Defendant entered guilty plea. Assessed fine and costs totaling $465.80 (paid in full) and placed on unsupervised probation for 165 days beginning 8/28/12.

8/28/12

12M-317 - State vs. William L. Olsen, 59. Driving suspended/revoked non-DUI. Case dismissed upon motion of the prosecutor.

12M-318 - State vs. William L. Olsen, 59. No insurance. Defendant entered no contest plea. Assessed fine and costs totaling $365.80. Paid in full.

12M-319 - State vs. William L. Olsen, 59. No motorcycle endorsement. Defendant entered no contest plea. Assessed fine and costs totaling $190.80. Paid in full.

12M-320 - State vs. William L. Olsen, 59. Registration violation. Case dismissed upon motion of the prosecutor.

12F-021 - State vs. David Allen Bailey, 24. Driving suspended/revoked for DUI 3rd offense. Defendant waived preliminary hearing. Case transferred to Circuit Court.

12F-069 - State vs. David Allen Bailey, 24. Driving under the influence 3rd offense. Defendant waived preliminary hearing. Case transferred to Circuit Court.

Magistrate Teresa Carpenter

8/03/12 10M-218 - State vs. Michael B. Stevens, 35. Possession of substances for meth. Dismissed upon review and no further complaints.

11M-085 - State vs. Anthony Ballengee, 21. Speeding. Dismissed upon review and no further complaints.

11M-095 - State vs. Derek Kyle Lamp, 26. False reporting. Dismissed upon review and no further complaints.

8/06/12

12M-274 - State vs. Brittiny D. Miller, 19. Petit larceny. Dismissed by state motion pursuant to plea and restitution being made. Granted.

8/07/12

12M-290 - State vs. State vs. Gregory Lee Anderson, 34. DUI >.15. No contest plea. Assessed fine and costs totaling $460.80 and 90 days in jail to run concurrent with 12M-291. Motion for home confinement en lieu of jail set 8/27/12 at 10:30 a.m. for home confinement order.

12M-291 - State vs. State vs. Gregory Lee Anderson, 34. Driving suspended DUI. No contest plea. Assessed fine and costs totaling $265.80 and 90 days in jail to run concurrent with 12M-290. Motion for home confinement en lieu of jail set 8/27/12 at 10:30 a.m. for home confinement order.

12F-072 - State vs. Okey Davis, Jr., 59. Unlawful/malicious wounding. After a full preliminary hearing probable cause found. Case bound over to Circuit Court.

12F-073 - State vs. Okey Davis, Jr., 59. Conspiracy to inflict injury. After a full preliminary hearing probable cause found. Case bound over to Circuit Court.

11M-192 - State vs. Gregory Lee Anderson, 34. Driving suspended/revoked for DUI. Charges dismissed per plea agreement to 12M-290 and 12M-291.

12F-078 - State vs. Gregory Lee Anderson, 34. Driving under the influence 3rd offense. Charges dismissed per plea agreement to 12M-290 and 12M-291.

12F-079 - State vs. Gregory Lee Anderson, 34. Driving suspended/revoked for DUI 3rd offense. Charges dismissed per plea agreement to 12M-290 and 12M-291.

8/16/12

12M-043 - State vs. James Scott Morford, 28. Obstructing an officer. Dismissed upon joint motion.

12M-043 - State vs. James Scott Morford, 28. Providing false information to WV State Police. Dismissed upon joint motion.

12M-169 - State vs. Caleb Michael Schoolcraft, 18. Reckless driving. Plea of no contest. Assessed fine and costs totaling $190.80.

12M-209 - State vs. Caleb Michael Schoolcraft, 18. Illegal possession wildlife (baby fox) Dismissed upon plea agreement to 12M-169.

8/21/12

12M-232 - State vs. Brandon Foster Welch, 27. Speeding. No contest plea. Assessed fine and costs totaling $215.80.

12M-233 - State vs. Brandon Foster Welch, 27. Registration violation. Dismissed upon plea agreement to 12M-232.

12M-234 - State vs. Brandon Foster Welch, 27. No motorcycle endorsement. Dismissed upon plea agreement to 12M-232.

12M-218 - State vs. Douglas Clay Marks, 19. DUI under 21 - 1st. Plea of no contest. Assessed fine and costs totaling $250.80.

12M-219 - State vs. Douglas Clay Marks, 19. Underage consumption. Dismissed upon plea agreement to 12M-218.

8/22/12

12M-266 - State vs. Chester Cunningham, 57. DUI >.15. Plea of no contest. Assessed fine and costs totaling $340.80 and 5 days in jail beginning 9/5/12 at 8 a.m.

8/30/12

12M-027 - State vs. Donna Sampson, 36. Domestic battery. No contest plea. Assessed fine and costs Totaling $190.80.

12M-328 - State vs. Phillip Wayne Farson, 55. Domestic battery. No contest plea. Assessed fine and costs totaling $215.80 and 5 days in jail with credit.

8/31/12

12M-329 - State vs. Phillip Wayne Farson, 55. Driving suspended/revoked non-DUI 2nd offense. No contest plea. Assessed fine and costs totaling $265.80.