Christian County Prosecuting Attorney, Amy J. Fite announced today that 1st Assistant Prosecuting Attorney, Donovan Dobbs argued before the Missouri Supreme Court today in Jefferson City, Missouri. The case of State ex rel. Missouri Public Defender Commission, Cathy R. Kelly and Rod Hackathorn v. The Honorable John S. Waters and the Honorable Mark Orr centered around the indigent defendant Jared Blackshear and his constitutionally mandated right to an attorney. Mr. Blackshear could not afford an attorney and had made application to the Missouri Public Defender. Christian County Associate Circuit Judge John Waters appointed the public defender to represent Mr. Blackshear over the objection and refusal of the public defender. Mr. Dobbs argued to the Supreme Court today that Judge Waters was mandated by Missouri Supreme Court rule to appoint counsel to Jared Blackshear and that he took the only course of action available to him when he appointed the Missouri Public Defender. Under Missouri law, the Missouri Public Defender is required to represent indigent defendants who cannot afford to employ their own attorneys. When the Missouri Public Defender refused to follow their statutory mandate and represent Mr. Blackshear on his burglary and stealing charges, Judge Waters appointed them anyways. At issue is whether the Missouri Public Defender has the right to refuse their statutory mandated role and refuse to represent indigent defendants that cannot afford to hire counsel.

When the Supreme Court handed down the writ of temporary prohibition that lead to argument today, Jared Blackshear was preparing to enter a plea on the pending charges, the defendant remained in the Christian County jail for months until Christian County Prosecuting Attorney Amy Fite took office in January and proceeded to petition the Missouri Supreme Court to allow 38th Circuit Judge Mark Orr the authority to accept the defendant’s plea.

Mr. Blackshear is currently serving a five (5) year sentence on the original charges that prompted the public defender to request it’s writ. For more information about the case and to hear the oral arguments please visit the Missouri Supreme Court Website at: http://www.courts.mo.gov/SUP/index.nsf/fe8feff4659e0b7b8625699f0079eddf/54281b8baa6276fb8625792f00758376?OpenDocument

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Christian County Prosecuting Attorney, Amy J. Fite announced today that DENNIS WALKER, dob: 11/16/1958 of Sparta, Missouri plead guilty to Attempted Manufacture of Methamphetamine a class B felony in front of Christian County Circuit Judge Mark Orr. Judge Orr sentenced DENNIS WALKER to serve fifteen years in the Missouri Department of Corrections. At the request of the State, probation was denied. The class B felony  of attempted manufacture of a controlled substance carries a range of punishment of five to fifteen years in the Missouri Department of Corrections.

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The Christian County Prosecutor’s office was featured in the October issue of the Voice. The story highlighted the improvements and progress in the prosecutor’s office. The Voice a monthly newsletter published by the Missouri Department of Public Safety Crime Victim Services Unit. The Voice highlights services available to victims in the state as well as what is going on with service providers. The newsletter is distributed throughout the State of Missouri.

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Christian County Prosecuting Attorney, Amy J. Fite announced today that JAMES MAGGARD, dob: 4/1/1982 of Ozark, Missouri plead guilty to two counts of the class C felony of possession of a controlled substance in two separate cases in front of Christian County Circuit Judge Mark Orr. The events occurred on February 19, 2010 and June 2, 2010.

In both cases, JAMES MAGGARD was set to begin a jury trial this morning. Prior to the beginning of trial, JAMES MAGGARD entered an open plea. There was no plea agreement and sentencing will determined by the court. The State was ready to proceed and was prepared to go to trial on both cases.

On February 19, 2010, JAMES MAGGARD was found parked in the middle of 9th street by Ozark Police at 2:35 a.m. Officers found JAMES MAGGARD to be under the influence of some substance. During a search they located oxycodone, a controlled substance inside the vehicle.

On June 2, 2010, JAMES MAGGARD was found in the Ozark Wal-Mart paring lot at 4:35 a.m. passed out behind the wheel of a running vehicle. Officers found JAMES MAGGARD to be under the influence of some substance. They found in his hand a fake battery. Inside the fake battery, the officers found oxymorphone, a controlled substance.

Formal sentencing is set for November 18, 2011. Each count of the class C felony of possession of a controlled substance has a range of punishment of one (1) day to one (1) year in the Christian County Jail, or up to seven (7) years in the Missouri Department of Corrections, and/or a fine not to exceed $5,000.

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Christian County Prosecuting Attorney, Amy J. Fite announced today that TRAVIS BISHOP, dob: 4/3/1991 of Rogersville, Missouri plead guilty to two counts of the class C felony of assault in the second degree and one count of the class D felony of leaving the scene of an accident in front of Christian County Circuit Judge Mark Orr.

The case was to proceed to jury trial on September 26, 2010. Prior to the beginning of trial, TRAVIS BISHOP entered an open plea. There was no plea agreement and sentencing will determined by the court. The State was ready to proceed and was prepared to go to trial.

On August 10, 2010, TRAVIS BISHOP was operating a 1997 Nissan on State highway U. There were 3 passengers inside the vehicle. The Missouri Highway Patrol determined that the defendant was driving too fast for the road condition. Two of the passenger sustained serious injuries including one who may be permanently paralyzed from the waist down. Before help arrived at the scene, TRAVIS BISHOP left the scene and returned to his home. He ultimately turned himself into law enforcement.

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