McCumbers Request for Probation Accepted

Judge R. Craig Tatterson held court in Calhoun County on Tuesday, May 28th, 2024. Two juvenile cases and one criminal case was on the docket for hearings.

David McCumbers appeared for hearing on the defendant’s motion for Parole from Home Incarceration in Case 23F4 having been convicted of Possession with Intent to Deliver Marijuana.

Attorney for the defendant, Daniel Minardi, argued on behalf of the defendant that he had nearly serve one year of the one to five year sentence imposed by Judge Anita Ashley on September 5th of 2023. Minardi said that other than one issue of a failed drug screen in the beginning his client had been fully compliant. Because of medical issues and a limited criminal history be believes that Mr. McCumbers would be a good candidate for Probation.

Prosecuting Attorney Michael Hicks informed Judge Tatterson that he had spoken to Sheriff Graham Knight who confirmed that the defendant had been compliant and his fees had been paid. He further informed Judge Tatterson that if the court was inclined to give the defendant probation it should be noted that the defendant uses medical marijuana. 

Judge Tatterson stated the defendant motion for probation was accepted under the standard rules with an expiration at five years. As for the medical marijuana use, it is up to the Judge to permit the use of medical marijuana but the advisory of the Supreme Court says that it is permissible while on probation, so the defendant will be allowed to continue use.