Obuary for David Lee Gayhart | Hager & Cundiff

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STATE V. DAVID A. GAYHART

State v. David A. Gayhart * fr david gayhart *

David Gayhart is relieved of his current appotments and is granted a personal leave for a time of sabbatil.

GAYHART, DEFENDANT-APPELLANT. Gayhart appeals om judgments nvictg him of two unts of theft and one unt of burglary.

¶3 At the plea whdrawal hearg, Gayhart ttified that when he entered his pleas he was still feelg the effects of his father s recent ath and the prev eveng s alhol.

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Gayhart asserted his nocence and claimed that he had entered the pleas bee he was not ready to go to trial due to the alhol he had nsumed the prev eveng. Fally, Gayhart claimed that he had been shed to enterg a plea. ¶4 On cross-examatn, Gayhart stated that he had stopped drkg ten hours before the plea hearg but still felt nseo.

Gayhart claimed that he rmed trial unsel ten days after the plea hearg that he wanted to whdraw his pleas. 99-1396-CR ¶5 The urt then qutned Gayhart about the circumstanc unr which he entered his guilty pleas.

DAVID LEE GAYHART

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The urt nfirmed that Gayhart had signed a plea qutnnaire and waiver of rights form which stated that he had had sufficient time to discs the pleas wh his unsel, he had not been shed to a cisn to enter a plea, and he had mted the crim to which he was pleadg guilty. The urt nfirmed that Gayhart had entered a guilty plea several years before and was faiar wh the plea procs. The urt also nonted Gayhart wh his admissn at the plea hearg that he had arranged to dispose of stolen property.

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Gayhart ntued to mata that he had not been thkg clearly when he entered his pleas. ¶6 In lg on Gayhart s plea whdrawal motn, the urt found Gayhart s ttimony credible. The urt noted numero nsistenci between Gayhart s statements to the urt durg the plea lloquy and his ttimony at the plea whdrawal hearg.

The urt found that Gayhart did not sta his burn to tablish a fair and jt reason to whdraw his guilty pleas and that Gayhart was most likely sufferg om buyer s remorse regardg his cisn to enter guilty pleas.

The urt also found that the plea lloquy was sufficient and nfirmed that Gayhart s pleas were knowgly, voluntarily and telligently entered. Even though Gayhart claimed that he was unable to thk clearly at the plea hearg, the rerd do not bear that out.

DAVID WILLIAM GAYHEART WAS BOOKED CLARK COUNTY, OH FOR RESISTING ARREST.

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Gayhart s rpons to the urt durg the plea lloquy were appropriate and related to the subject of the urt s qutns. The rerd disclos that Gayhart s guilty pleas were knowgly, voluntarily and telligently entered, see State v.

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The urt rmed Gayhart about the possible penalti and the nstutnal rights waived by a guilty plea. The urt told Gayhart that he did not have to enter to the plea agreement if he did not want to.

The urt asked Gayhart whether he had been drkg that day or had had any dgs the prev twenty-four hours. In rponse to a qutn as to whether his md was clear, Gayhart answered that he was anx but of sound md. Gayhart nfirmed that he was actg of his ee will, had had sufficient time to discs the plea agreement wh unsel and had not shed to the plea agreement.

NPI 1275270555 MR. DAVID RANDALL GAYHEART, COUNSELOR HAZARD, KENTUCKY

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Gayhart stated that he was absolutely aware advance that the burglary would take place and he agreed to dispose of the property taken the burglary.

¶8 Other than Gayhart s plea whdrawal ttimony, which the urt emed credible, there is no ditn that Gayhart did not unrstand the plea procs. ¶9 Gayhart s claims of nocence are not disposive of his prentencg plea whdrawal motn. The urt did not fd Gayhart s assertns of nocence credible and found that Gayhart unrstood the plea proceedgs and his attendant admissns of guilt.

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The urt did not fd Gayhart s sarsm explanatn credible. 99-1396-CR ¶9 The plea lloquy nfirms that Gayhart s guilty pleas were entered knowgly and voluntarily.

DR GAY FRERIQUE

Obuary for David Lee Gayhart | David Lee Gayhart, 71, lovg hband of Ana Maria “May” Gayhart for 31 years, left his earthly home on Saturday, Nov. 26, 2022. David was the most lovg, rg,... * fr david gayhart *

The circu urt applied the proper legal standard to a logil terpretatn of the facts and nclud that Gayhart did not show a fair and jt reason for whdrawg his pleas.

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The urt did not mise s discretn nyg Gayhart s plea whdrawal motn. Gayheart, LPA? Gayheart, LPA.

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DAVID WILLIAM GAYHEART was booked on 2/21/2023 Clark County, Oh. He was charged wh RESISTING ARREST. He was 44 years old on the day of the bookg. | Recently Booked | Arrt Mugshot | Jail Bookg * fr david gayhart *

David Lee Gayhart, 71, lovg hband of Ana Maria “May” Gayhart for 31 years, left his earthly home on Saturday, Nov. 25, 1951, to the late William and Mary Alice Crowe Gayhart, beg one of their 9 children. In addn to his wife he will be fondly remembered by his brothers Steve, wife Margaret, Kenny, and Roger, sisters Carolyn Willhoe, hband Jimmy, and Lois Wright, niec and nephews Todd Gayhart, Logan Gayhart, Andi-Len Gayhart, Madison Gayhart, Stacy Unrwood, San Hickey, Jeff and Greg Long, and Kim Gayhart as well as many other extend fay members and iends.

David was preced ath by brothers Ray and Mike Gayhart, sister Patricia Long, and her hband Harold.. Servg the fay as Pallbearers will be Todd Gayhart, Logan Gayhart, Mark Nicholas, Joe Joe Dllar, Jericho D and Benjam Hickey.

DAVID WILLIAM GAYHEART WAS BOOKED CLARK COUNTY, OH FOR RESISTING ARREST.

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” Hager & Cundiff Funeral Home valu nothg more than the tst and loyalty given to by the Gayhart fay to re for David’s arrangements.

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DR. DT T. GAYHEART

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Louisville - It is wh ept sympathy the fay of David Gayheart has to announce he has gone home to be wh the Lord. It giv fort to know he is wh April 17, 1933, Pe Top, Kentucky, to the late Bce and Wnie (Sturgill) Gayheart.

Louisville, Oh; brother, Rube (Vivian) Gayheart; grandchildren, Travis (Cara Butts) Tharp, Tatum (Kev) Ant, Mandy (Tom) Mizer, Tony (Ebony) Butler, and Julie (Charl) DePrit; great-grandchildren, Atira, Turner, Tanner, and Tyler, Amanda and Alex Ant, and Samantha and Victoria, and many niec and nephews. Louisville Store whom he met wh daily to solve the problems of the addn to his parents, he was preced ath by his wife, Mary Lou (Milum) Gayheart of 58 years; brother, Joe Gayheart; sister, Doris Luttman, and son--law, Rex never met a stranger and was loved by so many people who me to Hospice to see him.

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Obuary for David Lee Gayhart | Hager & Cundiff .

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