2007-05-17 / Court News

34TH CIRCUIT COURT

Judge Michael Baumgartner

Judge Michael Baumgartner heard these cases in 34th Circuit Court, Roscommon, May 7:

No. 06-72-6076, Phoenix Digital Solutions, Inc., vs. Pines Gallery, plaintiff's case was dismissed and the counter claim is still open; No. 06-72-6212, Lyon Township vs. Michael J. Cook, defendant was not present at settlement conference and default can be issued; No. 06- 72-6083, PHH Mortgage Corporation vs. Gregory P. Schmittler, order confirming sale was approved and signed; No. 05-72-5345, Robert Opolski vs. Allstate Insurance Company, defendant's motion for summary disposition was granted and case evaluation was cancelled; No. 05-72-5429, Joshua L. Keidel vs. Michael Shayna, after several motions, a settlement was reached and put on record; No. 06-72-6130, Norman Bedger vs. Hilltop Michigan Healthcare, order was granted and signed on plaintiff's motion to approve partial settlement; No. 07- 72-6518, Sandra J. Hoskins vs. Keith Hoskins, defendant's motion to amend complaint was granted; and No. 06-72-5832, Alice Mollison vs. Clifford Morse, settlement conference heard at property and not in court.

Baumgartner presided in 34th Circuit Court May 8; however, Judges Douglas Dosson and Daniel Sutton also presided over several cases in his stead:

Jody W. Rolland, 34, Houghton Lake, stood mute to charges of driving while intoxicated, third offense, and assault of a prison employee. A pretrial will be set.

Robert J. Emery Jr., 20, Roscommon, pleaded guilty to two counts of probation violation and was sentenced to five months in jail with credit for 50 days, and was discharged from probation without improvement. His sentence is concurrent with any other sentence.

Erin D. Lienau, 43, Roscommon, was sentenced to 12 months in jail with credit for 70 days, 24 months probation, $750 in fines and costs, a $500 attorney fee, a $400 cost of prosecution fee and $120 in other court assessments. Lienau had pleaded guilty to driving while intoxicated, third offense.

Darrick W. Rayment, 23, Houghton Lake, was sentenced to 13 months to 14 years in prison (concurrent to another sentence), a $500 attorney fee and $120 in other court assessments. Rayment had pleaded guilty to three counts of uttering and publishing.

Robert W. Jerore, 18, Prudenville, was sentenced to 12 months in jail with credit for 48 days, 36 months probation, $500 in fines and costs, $4,603.71 restitution, a $500 attorney fee and $120 in other court assessments. He was also sentenced to 11 months in jail with credit for 58 days, 36 months probation and $120 in other court assessments. He had pleaded guilty to two counts of breaking and entering with intent to commit larceny.

Amy M. Hart, 34, Roscommon, pleaded guilty to probation violation and was sentenced to 30 days in jail and continued probation.

Bradley W. Lennox, 26, Houghton Lake, pleaded guilty to driving while intoxicated, third offense, as amended, and charges of driving with a suspended license and transporting alcohol in an open container were dismissed. He will be sentenced later.

Suzanne R. Govan, 48, Armada, stood mute to charges of possession of less than 25 grams of a controlled substance and driving with a suspended license. A pretrial will be set.

John P. Myers, 43, St. Helen, pleaded guilty to probation violation and was ordered to pay $200 per month, and his probation was extended.

Christopher L. Miller, 35, pleaded guilty to failure to pay child support and will be sentenced later.

Corey H. Livingston, 44, Prudenville, pleaded guilty to first degree retail fraud and will be sentenced later.

Johnny O. Carnahan, 19, Prudenville, pleaded guilty to possession of analogues, and a charge of possession of less than 25 grams of morphine was dismissed. He also pleaded guilty to attempted possession of a controlled substance. Carnahan will be sentenced later.

Rodger L. Bailey, 25, Houghton Lake, pleaded guilty to failure to register as a sex offender and will be sentenced later.

Robert M. Hawley, 24, St. Helen, was sentenced to nine months in jail with credit for 69 days, a $500 attorney fee and $120 in other court assessments. He had pleaded guilty to breaking and entering with intent.

Richard D. Shurter III, 18, Grayling, was sentenced to six months in jail with credit for 57 days, $500 in fines and costs, a $500 attorney fee and $120 in other court assessments. He had pleaded guilty to prisoner in possession of contraband and possession of less than 25 grams of a controlled substance.

George S. Budzynski, 18, Prudenville, was sentenced to a oneyear delay of sentence, $250 in costs, a $1,500 attorney fee and $120 in other court assessments. He had pleaded guilty to second degree home invasion.

Jon D. Dirette, 44, Houghton Lake, was sentenced to 56 days in jail with credit for 56 days, 18 months probation, $500 in fines and costs, a $500 attorney fee and $120 in other court assessments. Dirette had pleaded guilty to failure to pay child support.

Edward D. Taylor, 21, St. Helen, pleaded guilty to two counts of delivery/manufacture of marijuana, and two counts were dismissed. He will be sentenced later.

Dale A. Reed II, 52, Higgins Lake, stood mute to a charge of driving while intoxicated, third offense. A pretrial will be set.

Steven D. Christensen, 44, Roscommon, had filed a motion to set aside conviction, but did not appear and therefore, the motion was not granted.

Levi W. Hazelton, 20, Roscommon, was sentenced to 18 months probation, $500 in fines and costs, $635 restitution, and $120 in other court assessments for breaking and entering with intent. A second count was dismissed.

Cody B. Hazelton, 18, Roscommon, was sentenced to 18 months probation, $250 in costs, $126 restitution, and $120 in other court assessments. He had pleaded guilty to breaking and entering with intent.

Thomas G. Tyson Jr., 19, Roscommon, was sentenced to 138 days in jail with credit for 38 days, 18 months probation, $150 in costs, a $500 attorney fee, and $120 in other court assessments. Tyson had pleaded guilty to breaking and entering with intent. Another breaking and entering charge was dismissed.

Ryan M. Bosworth, 21, Roscommon, was sentenced to $250 in costs, $635 restitution, and $120 in other court assessments. He had pleaded guilty to breaking and entering with intent.

Richard A. Koths, 24, Traverse City, was sentenced to a one-year delay of sentence, $400 in costs, and $120 in other court assessments. Koths had pleaded guilty to delivery/ manufacture of marijuana.

Amanda J. Bearden, 27, Roscommon, was sentenced to five months in jail with credit for four days, 18 months probation, $1,480.11 restitution, $1,000 in fines and costs, and $120 in other court assessments. Bearden had pleaded guilty to second degree home invasion.

No. 07-72-6499, Marc W. McFry, vs. Michigan Secretary of State, driver's license restoration was granted.

Lawsuits filed

No. 6639, In re: Devette Kerekes, St. Helen, transfer of structured settlement proceeds; No. 6640, James and Sue Phillips, Houghton Lake, vs. Michael J.G. Coon, Prudenville, complaint for money damages; No. 6641, Randolph Fink, Roscommon County, vs. Michigan Secretary of State, petition for restoration of driver's license; No. 6643, Structured Asset Funding, LLC, re: Darlene E. Dore, application for court approval of a transfer of a structured settlement; and No. 6646, Joan P. Porter, Prudenville, vs. Jon J. Kipke, Gladwin, property dispute.

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