Judge James Kimbler's Blog

Judge Collier's Criminal Docket for December 27, 2011

2012-01-03T01:56:00.000-08:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court December 27:

Christine Detweiller, 44, of Seymour Street NW in Massillon, was sentenced to seven years in prison on one count of Attempted Murder; one count of Aggravated Burglary, a first-degree felony; and two counts of Felonious Assault, both of which are second-degree felonies.

Eric Foster, 19, of Lodi Road in Lodi, was sentenced to nine months in prison for a probation violation on an original charge of Trafficking in Drugs, a fifth-degree felony.

Michael Fairchild, 34, of Glen Cove Commons in Brunswick, was sentenced to three years of community control sanctions, with 90 days in jail and 90 days of electronic monitoring, on one count of Possession of Drugs, a fifth-degree felony. His driver’s license was suspended for six months.

Angela Demchak, 33, of Fillmore Drive in Brunswick, pleaded guilty to one count of Possession of Heroin, a fifth-degree felony. Sentencing is scheduled for February 6.

Mark Evans, 40, of Greenwich Road in Seville, pleaded not guilty to one count of Trespass Into Habitation, a fourth-degree felony and one count of Assault, a first-degree misdemeanor. A jury trial is scheduled for March 26.

Matthew Farmer, 20, of North Huntington Street in Medina, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for February 22.

Heather Hursky, 24, of Hametown Road in Doylestown, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trail is scheduled for February 8.

Jennifer Swingle, 34, of Alger Road in Lakewood, pleaded not guilty to one count of Telephone Harassment, a fifth-degree felony. A jury trial is scheduled for February 1.

Brooke Tummino, 22, of Bayridge Boulevard in Willowick, pleaded not guilty to one count of Trafficking in Cocaine and one count of Possession of Drugs, both of which are fifth-degree felonies. The charges carry a forfeiture specification. A jury trial is scheduled for March 26.

Judge Kimbler's Criminal Docket for December 22, 2011

2012-01-03T01:55:00.000-08:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court December 22:

Stefanie Gore, 21, of Chestnut Street in Sterling, was sentenced to nine months in prison on one count of Trafficking in Oxycodone, a third-degree felony; one count of Trafficking in Drugs, a fourth-degree felony; one count of Receiving Stolen Property, a fifth-degree felony; and three counts of Theft, all of which are fifth-degree felonies. Her driver’s license was suspended for six months.

Millicent Jones, 48, of Yellow Springs, was sentenced to nine months in prison in one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony. Her driver’s license was suspended for six months.

Joseph Molnar, 19, of Rocklyn Drive in Brunswick, was sentenced to one year in prison on one count of Assault of a Peace Officer, a fourth-degree felony; one count of Vandalism, a fifth-degree felony, and one count of Harassment with a Bodily Substance, a fifth-degree felony.

Terry Pugh, 50, of West Union Street in Medina, was sentenced to three years of community control sanctions on one count of Having Weapons While Under Disability, a third-degree felony.

Erik Sullen, 20, of Station Road in Valley City, was sentenced to three years of community control sanctions, with 90 days of house arrest, on three counts of Trafficking in Drugs, two of which are third-degree felonies and one of which is a fourth-degree felony.

Jordan Williams, 23, of Avery Road in Peebles, was sentenced to 18 months in prison on two counts of Robbery, both of which are third-degree felonies.

Kenneth Belcher, 38, of Miner Drive in Medina, pleaded no contest to the following charges: one count of Possession of Drugs, a third-degree felony; one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony; two counts of Complicity to Commit Illegal Processing of Drug Documents, both of which are fourth-degree felonies; and nine counts of Illegal Processing of Drug Documents, five of which are fourth-degree felonies and four of which are fifth-degree felonies. Sentencing is scheduled for January 26.

Robert Bennett, 28, of 21st Street in Barberton, pleaded no contest and was sentenced to 18 months in prison on one count of Failure to Comply with a Police Officer, a third-degree felony; one count of Attempted Tampering with Evidence, a fourth-degree felony; and one count of Possession of Drugs, a fifth-degree felony. His driver’s license was suspended for six months.

Ronald DeFranco, 48, of Hartman Road in Wadsworth, pleaded not guilty to one count of Unlawful Sexual Conduct with a Minor, a third-degree felony. A jury trial is scheduled for February 21.

Trevor Freeman, 18, of Grafton Road in Brunswick, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for February 21.

Shayne Grady, 25, of Trease Road in Wadsworth, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for January 17.

Miranda Jarochovic, 23, of Glenbrook Drive in Brunswick, pleaded not guilty to one count of Receiving Stolen Property, Checks, a fifth-degree felony. A jury trial is scheduled for February 22.

Jason Jenkins, 33, of Front Street in Burbank, pleaded not guilty to one count of Trafficking in Heroin within the Vicinity of a Juvenile or School, a fourth-degree felony. A jury trial is scheduled for February 22.

Jesse Parks, 25, of Beverly Hills Drive in Brunswick, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for February 21.

Eric Robinson, 25, of Water Street in Wadsworth, pleaded not guilty to one count of Trafficking in Marijuana, a fifth-degree felony. The charge carries a forfeiture specification. A jury trial is scheduled for February 22.

David Sheers, 38, of Root Road in Spencer, pleaded not guilty to one count of Illegal Manufacture of Drugs, a fourth-degree felony. A jury trial is scheduled for February 22.

Judge Kimbler's Criminal Docket for December 15, 2011

2011-12-21T07:08:00.000-08:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court December 15:

Aaron Bain, 26, of Kepler Avenue in Canal Fulton, was sentenced to two years in prison on one count of Burglary, a second-degree felony.

Arnexts Blanc, 26, of Florida, was sentenced to 180 days in jail on one count of Receiving Stolen Property, a fourth-degree felony.

Rachel Cuevas, 38, of Arizona, was sentenced to three years of community control sanctions, with 160 days of home arrest, on one count of Possession of Marijuana, a third-degree felony.

Jeremy Diestler, 21, of Neff Road in Medina, was sentenced to two years in prison on one count of Robbery, a third-degree felony, and one count of Receiving Stolen Property, a fifth-degree felony.

Amanda Hickman, 25, of Brady Lake Road in Ravenna, was sentenced to three years of community control sanctions on one count of Theft, a fifth-degree felony. She also was ordered to pay $776 restitution.

Marc Bates, 35, of Avon Lake Road in Lodi, pleaded not guilty to the following charges: one count of Burglary, a second-degree felony; one count of Theft of Motor Vehicle, a fourth-degree felony; and two counts of Breaking and Entering, both of which are fifth-degree felonies. A Repeat Violent Offender Specification is attached to the charges. A jury trial is scheduled for February 6.

Dylan Crosier, 19, of Dogwood Trail in Medina, pleaded not guilty to one count of Trafficking in Marijuana, a fifth-degree felony. A jury trial is scheduled for February 14.

Holly Klembara, 50, of Foster Road in Wellington, pleaded not guilty to one count of Possession of Dangerous Drugs, a fifth-degree felony. A jury trial is scheduled for February 15.

Laura Kobak, 46, of Center Road in Brunswick, pleaded not guilty to one count of Illegal Conveyance of Weapons or Prohibited Items onto Grounds of Detention Facility or Institution, a third-degree felony, and one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for February 21.

Jonathan Lorincz, 19, of Nave Road S.E. in Massillon, pleaded not guilty to one count of Trafficking in Drugs and one count of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for February 15.

Mary Maynard, 35, of West Erie Avenue in Lorain, pleaded not guilty to one count of Forgery, a fifth-degree felony. A jury trial is scheduled for February 21.

James McClain, 26, of Eastern Road in Doylestown, pleaded not guilty to one count of Aggravated Burglary, a first-degree felony and one count of Robbery, a second-degree felony. A jury trial is scheduled for February 13.

Sean Rush, 43, of Plainview Road in Mansfield, pleaded not guilty to one count of Theft of a Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for February 13.

Jessica Smiley, 19, of Northeast Avenue in Tallmadge, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for February 22.

Tanner Smith, 23, of Root Road in North Ridgeville, pleaded not guilty to one count of Theft and one count of Safecracking, both of which are fourth-degree felonies. A jury trial is scheduled for February 13.

Jason Zappe, 27, of West Liberty Street in Medina, pleaded not guilty to one count of Trafficking in Marijuana within the Vicinity of a Juvenile, a fourth-degree felony and one count of Theft, a first-degree misdemeanor. A jury trial is scheduled for February 14.

Judge Collier's Criminal Docket for December 7, 2011

2011-12-21T07:07:00.000-08:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court December 7:

Quay Barber, 45, of Birch Hill Drive in Medina, pleaded no contest to one count of Complicity to Commit Burglary, a second-degree felony and one count of Theft of Drugs, a fourth-degree felony. Sentencing is scheduled for January 23.

Tiffany Barnett, 23, of Miner Drive in Medina, pleaded no contest to one count of Theft, a fifth-degree felony. Sentencing is scheduled for January 23.

Andrew Downs, 20, of Sibley Avenue in Columbus, pleaded no contest to one count of Possession of Drugs, a fifth-degree felony. Sentencing is scheduled for January 23.

Elliot Smith, 42, of Dunbar Circle in Medina, pleaded guilty and was sentenced to one year in prison on one count of Attempted Felonious Assault, a third-degree felony.

Judge Collier's Criminal Docket for December 5, 2011

2011-12-21T07:04:00.000-08:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court December 5:

David Cherconis, 49, of Lakeview Drive in Brunswick, was sentenced to five years of community control sanctions, with 180 days of electronic monitoring, on one count of Domestic Violence, a third-degree felony.

William Koch, 57, of Osborne Road in Columbia Station, was sentenced to one year in prison on two counts of Gross Sexual Imposition, both of which are fourth-degree felonies. He also was labeled a Tier I Sex Offender.

David Lynch, 45, of Elyria Street in Lodi, was sentenced to nine years in prison on one count of Attempted Murder, with a Firearm Specification, and one count of Having Weapons While Under Disability, a third-degree felony.

Joshua Roper, 25, of Lisa Court in Lodi, was sentenced to nine months in prison on one count of Misuse of Credit Cards, Elderly, a fifth-degree felony.

Ryan Barth, 26, of North Broadway in Medina, pleaded not guilty to one count of Aggravated Burglary, a first-degree felony and one count of Burglary, a second-degree felony. A jury trial is scheduled for January 9.

Jeffery Davis, 31, of Medina, pleaded not guilty to two counts of Forgery, both of which are fifth-degree felonies. A jury trial is scheduled for February 27.

Buster Emerson, 38, of Broad Street in Wadsworth, pleaded guilty and was sentenced to one year in prison on one count of Failure to Comply with a Police Officer, a third-degree felony.

Fredric Frazier, 50, of Prospect Street in Medina, pleaded not guilty to five counts of Pandering Sexually Oriented Matter Involving a Minor, all of which are second-degree felonies. A jury trial is scheduled for January 30.

Derrick Kenney, 23, of Kewanee Avenue in Cleveland, pleaded guilty and was sentenced to years in prison on one count of Robbery, a second-degree felony.

James Mathes, 38, of Bronson Street in Medina, pleaded not guilty to one count of Passing Bad Checks, a fifth-degree felony. A jury trial is scheduled for February 13.

Raymond Ruiz, 55, of Halifax Lane in Medina, pleaded not guilty to the following charges: one count of Extortion, a third-degree felony; one count of Identity Fraud, a third-degree felony; one count of Unauthorized Use of Property or Computer or Telecommunications Property, a fourth-degree felony; and one count of Telecommunications Harassment, a first-degree misdemeanor. A jury trial is scheduled for March 5.

Judge Kimbler's Criminal Docket for December 2, 2011

2011-12-03T03:13:00.000-08:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court December 2:

Brandy Arnold, 30, of Manhattan Avenue in Brunswick, was sentenced to three years of community control sanctions, with a period of time in a Community Based Correction Facility, on one count of Deception to Obtain a Dangerous Drug, a fifth-degree felony.

Joshua Bragg, 20, of Wooster Street in Lodi, was sentenced to 180 days in jail for a probation violation on an original of Trafficking in Marijuana, a fifth-degree felony.

Gary Buckingham, 34, of West Britton Road in Burbank, was sentenced to one year in prison on three counts of Trafficking in Heroin, one of which is a third-degree felony and two of which are fourth-degree felonies.

Drake Chiccarelli, 43, of Regal Avenue in Brunswick, was sentenced to one year of community control sanctions, with 180 days in jail, on two counts of Theft of a Motor Vehicle, both of which are fourth-degree felonies and one count of Possession of Cocaine, a fifth-degree felony. He also was ordered to pay $500 restitution.

Nick Crowe, 51, of Seville Road in Wadsworth, was sentenced to 180 days in jail on one count of Domestic Violence, a fourth-degree felony.

James Kaley, 29, of Industry Drive in Atwater, was sentenced to six months in prison on one count of Theft, a fifth-degree felony.

Joseph Barnum, 42, of Lake Road in Chippewa Lake, pleaded not guilty to two counts of Theft from the Elderly, one of which is a fourth-degree felony and one of which is a fifth-degree felony. A jury trial is scheduled for February 6.

Louis Bologna, 29, of Hudson Drive in Stow, pleaded not guilty to one count of Failure to Comply with a Police Officer and one count of Receiving Stolen Property, Motor Vehicle, both of which are fourth-degree felonies. A jury trial is scheduled for February 7.

Joseph Bush, 38, of Lake Road in Chippewa Lake, pleaded no contest to two counts of Trafficking in Drugs within the Vicinity of a School or Juvenile, one of which is a second-degree felony and one of which is a third-degree felony. Sentencing is scheduled for January 5.

William Egut, 31, of Sunhaven Drive in Medina, pleaded not guilty to the following charges: one count of Menacing by Stalking, a fourth-degree felony; one count of Telephone Harassment, a first-degree misdemeanor; and one count of Criminal Damaging, a second-degree felony. A jury trial is scheduled for February 14.

Eric Foster, 19, of Lodi Road in Lodi, pleaded not guilty to one count of Trespass Into Habitation, a fourth-degree felony, and one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for February 14.

David Frank, 34, of West 130th Street in Hinckley, pleaded not guilty to one count of Identity Fraud, a third-degree felony and one count of Forgery, a fourth-degree felony. A jury trial is scheduled for February 6.

Thomas Jancik, 29, of East Reagan Parkway, pleaded not guilty to five counts of Pandering Sexually Oriented Matter Involving a Minor, all of which are second-degree felonies. A jury trial is scheduled for February 6.

John Leiken, 18, of Brambleside Drive in Brunswick, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for February 7.

John Lester, 36, of North Inlet Drive in Strongsville, pleaded not guilty to six counts of Aggravated Vehicular Assault, four of which are third-degree felonies and two of which are fourth-degree felonies. A jury trial is scheduled for February 6.

Amber Perkins, 32, of Wagon Trail in Medina, pleaded not guilty to two counts of Theft, both of which are fifth-degree felonies. A jury trial is scheduled for February 8.

Cara Schofield, 27, of 25th Street in Cuyahoga Falls, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for February 8.

Aaron Schumacher, 24, of Brookpoint Drive in Medina, pleaded not guilty to six counts of Pandering Sexually Oriented Matter Involving a Minor, all of which are second-degree felonies. A jury trial is scheduled for February 8.

Thomas Wick, 36, of Courtland Oval in Brunswick, pleaded not guilty to two counts of Menacing by Stalking, both of which are fourth-degree felonies. A jury trial is scheduled for February 14.

Judge Collier's Criminal Docket for November 28, 2011

2011-12-03T03:12:00.000-08:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court November 28:

Michael Nabors, 24, of Jones Road in Wellington, was sentenced to five years of community control sanctions on one count of Possession of LSD, a fifth-degree felony, and one count of Possession of Drugs, a first-degree misdemeanor. His driver’s license was suspended for six months.

Martsin Prokopovich, 20, of New Jersey, was sentenced to five years of community control sanctions on one count of Theft of a Motor Vehicle, a fourth-degree felony. He also was ordered to pay $4,300 restitution to the victim.

Marc Dukles, 27, of Anderson Drive in Brunswick, pleaded not guilty to two counts of Trafficking in Drugs, both of which are fourth-degree felonies. A jury trial is scheduled for January 17.

Meghan Mora, 29, of Cowley Road in Columbia Station, pleaded not guilty to the following charges: one count of Burglary, a second-degree felony; one count of Theft of a Motor Vehicle, a fourth-degree felony; and two counts of Breaking and Entering, both of which are fifth-degree felonies. A jury trial is scheduled for January 25.

Judge Collier's Criminal Docket for November 21, 2011

2011-11-29T03:12:00.000-08:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Collier's court on November 21, 2011:

John Reichle, 58, of Montgomery Drive in Brunswick, was sentenced to 17 months in prison on one count of Gross Sexual Imposition, a fourth-degree felony. He also was labeled a Tier I Sex Offender.

Eric Sauers, 46, of West Walnut Street in Wadsworth, was sentenced to three years of community control sanctions on one count of Trafficking in Heroin, a fifth-degree felony.

Charles Smith, 28, of Springbrook Drive in Medina, was sentenced to two years in prison on one count of Trafficking in Oxycodone, a third-degree felony. His driver’s license was suspended for six months.

Tiffany Baines, 30, of Exchange Park Drive in Medina, pleaded not guilty to one count of Theft and one count of Safecracking, both of which are fourth-degree felonies, and one count of Possession of Criminal Tools, a fifth-degree felony. A jury trial is scheduled for February 21.

Vincent Clark, 31, of Lafayette Road in Medina, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for February 21.

Jesse Coble, 28, of Bevan Road in Barberton, pleaded guilty to one count of Burglary, a third-degree felony and one count of Theft, a fifth-degree felony. Sentencing is scheduled for December 29.

Randall Finkel, 26, of state Route 58 in Wellington, pleaded guilty to one count of Possession of Marijuana, a third-degree felony; one count of Trafficking in Marijuana, a fourth-degree felony; and one count of Theft, a fifth-degree felony. Sentencing is scheduled for January 3.

Douglas Haynes, 31, of Arrow Court in Elyria, pleaded not guilty to one count of Deception to Obtain Dangerous Drugs, a fifth-degree felony. A jury trial is scheduled for February 21.

Kristy McKinley, 34, of Woodfield Lane in Brunswick, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for February 22.

Ryan Novick, 26, of West Washington Street in Medina, pleaded not guilty to two counts of Breaking and Entering, both of which are fifth-degree felonies. A jury trial is scheduled for February 22.

Judge Kimbler's Criminal Docket for November 18, 2011

2011-11-29T03:10:00.000-08:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Kimbler's court on November 18, 2011:

Carlos Alexander, 21, of Florida, was sentenced to six months in prison on one count of Receiving Stolen Property, a fourth-degree felony.

Timothy Axford, 52, of Chatham Road in Spencer, was sentenced to three years of community control sanctions on two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. His driver’s license was suspended for six months.

Adonis Bell, 32, of Harding Street in Medina, was sentenced to one year in prison on two counts of Attempted Unlawful Sexual Conduct with a Minor, both of which are fourth-degree felonies. He also was labeled a Tier II Sex Offender.

Homer Jarvis, 35, of East Easton Road in Creston, was sentenced to three years of community control sanctions on one count of Burglary, a third-degree felony.

Matthew Avon, 30, of Lafayette Road in Medina, pleaded not guilty to the following charges: two counts of Rape, both of which are first-degree felonies; one count of Sexual Battery, a third-degree felony; one count of Unlawful Sexual Conduct with a Minor, a third-degree felony; and one count of Importuning, a fifth-degree felony. A jury trial is scheduled for January 9. He remains in the Medina County Jail on $120,000 bond.

Matthew Barzal, 31, of Boneta Road in Medina, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for January 17.

Ralph DiVincenzo, 21, of Muntz Road in Valley City, pleaded not guilty to the following charges: one count of Theft and one count of Safecracking, both of which are fourth-degree felonies; two counts of Breaking and Entering; and two counts of Possessing Criminal Tools, all of which are fifth-degree felonies. A forfeiture specification is attached to the charges. A jury trial is scheduled for January 24.

Danielle Smith, 24, of Babcock Road in Hinckley, pleaded not guilty to two counts of Attempted Theft of a Motor Vehicle, both of which are fourth-degree felonies. A jury trial is scheduled for January 18.

Judge Collier's Criminal Docket for November 14, 2011

2011-11-29T03:08:00.000-08:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Collier's court on November 14, 2011:

Antonio Bland, 23, of Banbury Circle in Warrensville Heights, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Unlawful Sexual Conduct with a Minor, a fourth-degree felony. A jury convicted Bland of the charge earlier in the month. He also was labeled a Tier II Sex Offender.

Ryan Foster, 38, of Rob Street NW in Massillon, was sentenced to 13 years in prison on one count of Attempted Murder, a first-degree felony; one count of Aggravated Burglary, a first-degree felony; and one count of Tampering with Evidence, a third-degree felony.

Ross Frame, 24, of Buffham Road in Seville, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Theft of a Dangerous Drug, a fourth-degree felony.

Melissa Jones, 51, of Wadsworth Road in Medina, was sentenced to two years in prison on five counts of Unlawful Sexual Conduct with a Minor, all of which are third-degree felonies; one count of Corrupting Another with Drugs, a fourth-degree felony; and one count of Contributing to the Unruliness of a Minor, a first-degree misdemeanor. She also was labeled a Tier II Sex Offender.

Nacole Fowler, 25, of College Street in Wadsworth, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for February 13.

Shannon Hurley, 41, of Barra Drive in Brunswick, pleaded not guilty to one count of Unlawful Sexual Conduct with a Minor, a third-degree felony and two counts of Contributing to the Unruliness/Delinquency of a Minor, both of which are first-degree misdemeanors. A jury trial is scheduled for February 13.

John Keller, 31, of Pearl Road in Brunswick, pleaded not guilty to one count of Trafficking in Drugs within the Vicinity of a Juvenile or School, a third-degree felony and one count of Trafficking in Drugs, a fifth-degree felony. A jury trial is scheduled for February 13.

Thomas Wick, 36, of Courtland Oval in Brunswick, pleaded not guilty to two counts of Theft, both of which are fifth-degree felonies. A jury trial is scheduled for December 21.

Michael Zahurak, 21, of Lakewood, pleaded guilty to one count of Burglary, a third-degree felony. Sentencing is scheduled for December 27.

Medina County Probation Department Awarded Grants from State

2011-11-28T08:29:00.001-08:00

Judge James L. Kimbler announced on Monday, November 28, 2011, that the Department of Correction and Rehabilitation has given the Medina County Probation Department permission to apply for a $253,454.00 grant to the Medina County Adult Probation Department. This grant will be used over the next 18 months to put offenders on home incarceration and to place offenders in half-way houses in Summit and Cuyahoga Counties.

Veronica Perry, Chief Probation Officer of the Medina County Adult Probation Department, applied for the grant in October of 2011. The grant was made available following the adoption of House Bill 86, the new criminal sentencing bill that took effect on September 30, 2011.

Ms. Perry also announced on Monday that her department has received also received permission from the Department to apply for a technology grant. This grant will be used to gather and store electronic data about offenders. This date will the be used by the Department of Corrections and Rehabilitation to track the efficiency of sanctions that are used to punish Ohio's offenders.

Jury Awards Nova Woman Verdict of $233,000.00

2011-11-28T08:28:00.001-08:00

On Wednesday, November 24, 2011, a jury in Judge Kimbler's court returned a verdict of $233,000.00 in favor of Irma Hardesty of Nova, Ohio. The verdict was for damages sustained in an automobile collision at the intersection of Route 224 and Route 301 in Homerville in southern Medina County. The accident took place on November 18, 2007.

The jury broke down the damages as follows: $30,000.00 for medical bills; $3,000.00 for other economic damages; and $200,000.00 for non-economic damages. Prior to trial Mrs. Hardesty had offered to settle the case for $130,000.00.

There were two defendants. One was the person who Mrs. Hardesty alleged caused the accident, Lynn Dupree, and the other was Westfield Insurance Group, which had issued a underinsured motorist policy to Mrs. Hardesty.

During the trial Mrs. Hardesty settled with Mrs. Dupree's insurance company for $85,000.00. Westfiled then tendered that amount to Mrs. Hardesty in order to keep Mrs. Dupree in the lawsuit. Westfield offered $5,000.00 to settle the underinsured motorist claim in response to Mrs. Hardesty's demand of $30,000.00 following the tender of the $85,000.00 from Westfield.

The jury trial took three days. It started on Monday and finished on Wednesday

Holman Named "Prosecutor of the Year" by Fellow Prosecutors

2011-11-17T07:00:00.001-08:00

Dean Holman, Medina County Prosecutor, has been selected “2011 Prosecutor of the Year,” by the Ohio Prosecuting Attorneys Association.

Holman was selected for the award by the OPAA’s Awards Committee, based on nomination. He was among the state’s 88 county prosecutors who were eligible for the award. He was notified by phone of his selection.

“It is gratifying to be recognized by my peers,” Holman said. “It is an honor to lead the Medina County Prosecutor’s Office. I am only as good as my staff. This award reflects well on their hard work and dedication.” He oversees 15 assistant prosecutors and 12 support staff, who work in the Criminal, Juvenile, Civil and Child Support divisions.

Although Holman is the County Prosecutor, he remains first and foremost a trial lawyer.

In 2011, he tried the Aggravated Murder case of Dennis Auerswald, secured a conviction and a sentence of 30 years to life. He also has handled other violent felonies, including Attempted Murder, Felonious Assault and Rape cases.

Other notable cases include the trials and convictions of Steven Bozsik, Aggravated Murder; Lynn Curtis, Rape; Steven Latham, Felonious Assault on Police Officers; Michael Drippon, Murder; and Shaun Cleland, Aggravated Murder.

Holman said his most interesting trial was the case of the State of Ohio vs. Alton Cromartie, in 2006. The defendant was charged with Felonious Assault, along with numerous other violent charges.

“Cromartie was one of the most dangerous, intelligent and diabolical defendants I have seen,” Holman said. The defendant was sentenced to 19 years in prison in November, 2006.

Holman was elected Medina County Prosecuting Attorney in 1988 and re-elected to that position again in 1992, 1996, 2000, 2004 and 2008. Prosecutor Holman received his undergraduate and law degree from the University of Akron.

Holman was an assistant Medina County Prosecutor from 1981 to 1984, when he argued the case of the State of Ohio vs. Teresa Bickerstaff before the Ohio Supreme Court. He was the chief assistant prosecutor in Huron County from 1985 to 1986. He maintained a private law practice in Brunswick from 1985 to 1997.

He is a member and board member of the Brunswick Optimist Club, past member of the Brunswick Chamber of Commerce, past member of the Board of Directors of the Brunswick Salvation Army and of the Board of Directors of the Cleveland Baseball Foundation.

He is a member of the OPAA executive committee and also has served as president, secretary and treasurer of the organization.

Holman will be recognized and receive his award at OPAA’s annual dinner in Columbus December 1.

For more information contact:
Scott Salisbury
330-723-9543

Jury Finds Woman Guilty of RSP of a License Plate

2011-11-16T05:10:00.000-08:00

A jury in Judge Kimbler's court found Danielle E. Schmolz, formerly of Hemlock Court in Brunswick, guilty of Receiving Stolen Property on Tuesday, November 15, 2011. Ms. Schmolz was indicted after police found a stolen temporary tag on her vehicle. The tag on Ms. Schmolz's vehicle had expired about a week before the other tag went missing. The stolen tag was from a vehicle in the same Brunswick apartment complex and was on a vehicle that was the same make and model as Ms. Schmolz's vehicle, but a different model year. Under Ohio law receiving stolen property in the form of a license plate or temporary tag is a fifth degree felony.

Although Ms. Schmolz initially told the police that the tag was hers and that she had purchased it in Medina, she changed her statement when the officer pointed out that the tag didn't match her vehicle's vehicle identification number. She then told the police that she had heard people talking about taking the tag but she declined to give the police officer investigating the theft the name of the people.

The trial started on Monday afternoon and concluded on Tuesday afternoon. The jury deliberated about an hour before reaching its verdict. Following the verdict, Judge Kimbler continued Ms. Schmolz's bond and ordered a pre-sentence investigation. Sentence will be imposed on January 5, 2012.

Judge Kimbler's Criminal Docket for November 10, 2011

2011-11-13T00:00:00.000-08:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court November 10:

Crystal Cook, 28, of Guilford Road in Seville, was sentenced to three years of community control sanctions on one count of Trafficking in Oxycodone, a third-degree felony. Her driver’s license was suspended for six months.

Jeffrey Davis, 24, of North Red Rock Drive in Strongsville, was sentenced to three years of community control sanctions on one count of Failure to Comply with a Police Officer, a fourth-degree felony.

Jerrold Green, 40, of Gibbard Street in Columbus, was sentenced to two years in prison on one count of Possession of Crack Cocaine, a second-degree felony and one count of Tampering with Evidence, a third-degree felony.

Shane Jones, 32, of Wall Road in Rittman, was sentenced to three years of community control sanctions on one count of Possession of Cocaine; one count of Receiving Stolen Property; and one count of Theft of a Credit Card, all of which are fifth-degree felonies.

Jacqueline Rogers, 65, of Dunbar Circle in Medina, was sentenced to three years of community control sanctions on one count of Trafficking in Oxycodone, a third-degree felony and one count of Trafficking in Drugs, a fourth-degree felony. Her driver’s license was suspended for six months.

Wayne Roper Jr., 19, of Warren, was sentenced to 159 days in jail on one count of Theft of a Firearm, a third-degree felony.

Lewis Urconis, 19, of Dover Road in Apple Creek, was sentenced to three years of community control sanctions on one count of Trafficking in Drugs, a fourth-degree felony. His driver’s license was suspended for six months.

Robert Wehner, 43, of Ruth Drive in Brunswick, was sentenced to three years of community control sanctions on one count of Possession of Cocaine, a fifth-degree felony and one count of Theft, a first-degree misdemeanor. He was ordered to pay $2,018.65 in restitution.

Trevor Freeman, 18, of Grafton Road in Brunswick Hills, pleaded not guilty to one count of Receiving Stolen Property, Firearm, a fourth-degree felony. A jury trial is scheduled for January 17.

Brennen Jenewein, 23, of Glenbrook Drive in Brunswick, pleaded not guilty to one count of Trafficking in Marijuana, a fifth-degree felony. A jury trial is scheduled for January 17.

Willie Nix, 41, of Cumberland Avenue in Cleveland, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for January 17.

Michael Romito, 19, of Emerald Lane in Brunswick, pleaded not guilty to one count of Theft of a Credit Card, a fifth-degree felony. A jury trial is scheduled for January 18.

Timothy Sinclair, 29, of Granger Road in Medina, pleaded no contest to one count of Trafficking in Marijuana, a fifth-degree felony. Sentencing is scheduled for December 22.

Judge Collier's Criminal Docket for November 7, 2011

2011-11-12T23:55:00.001-08:00

Submitted by Dean HolmanMedina County Prosecutor

The following people appeared in court November 7:

James Brumbaugh, 40, of North Lane in Willoughby, was sentenced to five years of community control sanctions, with 62 days in jail, on two counts of Driving Under the Influence of Drugs or Alcohol, both of which are fourth-degree felonies. He also was ordered to pay a $1,500 fine. His driver’s license was suspended for life and his vehicle was ordered to be forfeited to law enforcement.

Ronald Graves, 48, of Lodi Road in Lodi, was sentenced to one year in prison for a probation violation on two original charges of Burglary, one of which is a second-degree felony and one of which is a fourth-degree felony.

Domenic Humenik, 31, of Princeton Drive in Brunswick, was sentenced to three years of community control sanctions, with 180 days in jail, on one count of Possession of Heroin, a fifth-degree felony. His driver’s license was suspended for six months.

Randy Newberry, 31, of Fraze Road in Marshallville, was sentenced to three years of community control sanctions, with 180 days in jail, on one count of Possession of Cocaine and one count of Possession of Heroin, both of which are fifth-degree felonies. His driver’s license was suspended for six months.

Angela Demchak, 33, of Fillmore Drive in Brunswick, pleaded to not guilty one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for December 12.

Casey Gardner, 24, of Ridgeview Drive in Medina, pleaded not guilty to four counts of Forgery, all of which are fifth-degree felonies. A jury trial is scheduled for December 28.

Michael Myers, 22, of Fairmont Avenue in Rittman, pleaded guilty to one count of Possession of Cocaine and one count of Possession of Heroin, both of which are fifth-degree felonies. Sentencing is scheduled for December 19.

David Pack, 55, of High Street in Wadsworth, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for December 19.

David Soban, 23, of Crocus Place in Barberton, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for December 14.

Joseph Stazzon, 47, of West 60th Street in Cleveland, pleaded not guilty to one count of Rape, a first-degree felony. The charge carries a Repeat Violent Offender specification. A jury trial is scheduled for December 19. He remains in Medina County Jail on $200,000 bond.

Joseph Yatsko, 18, of Babcock Road in Hinckley, pleaded no contest to one count of Possession of Drugs, a fifth-degree felony. Sentencing is scheduled for December 19.

Medina Man Pleads to Burglary, Gets Two Years in Prison

2011-11-08T03:33:00.000-08:00

David W. Klein, 25, of Columbia Road in Medina, appeared in Judge Kimbler's court on Monday, November 7, 2011 and entered a plea of guilty to two burglary charges. The charges involved two separate incidents.

Klein was originally charged with one count of aggravated burglary and one count of burglary. In exchange for Klein entering a guilty plea on both charges, the State reduced the first count from a first degree felony to a second degree felony. Both the State and Klein then recommended to Judge Kimbler that he impose a two year prison sentence. Judge Kimbler concurred with the recommendation. Judge Kimbler also gave Klein credit for 162 days spent in the Medina County Jail awaiting trial on the burglaries.

There is a co-defendant whose charges are still pending. His case is set for trial.

Judge Kimbler's Criminal Docket for November 4, 2011

2011-11-07T06:50:00.001-08:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court November 4:

Jason Clark, 22, of Kimmich Drive in Brunswick, was sentenced to one year of community control sanctions on one count of Receiving Stolen Property, a fifth-degree felony.

Paul Jugov, 46, of High Point Drive in Medina, was sentenced to three years of community control sanctions, with a period of time in a Community Based Corrections Facility, on two counts of Trafficking in Drugs, one of which is a third-degree felony and one of which is a fourth-degree felony.

Kristen Thompson, 22, of Mills Street in Wadsworth, was sentenced to two years in prison on one count of Aggravated Vehicular Assault, a third-degree felony. Her driver’s license was suspended for four years.

Jackie Powell, 39, of South East Street in Medina, was sentenced to three years of community control sanctions on one count of Trafficking in Crack Cocaine, a fourth-degree felony and two counts of Permitting Drug Abuse, both of which are fifth-degree felonies.

Shane Powers, 38, of Ryan Road in Medina, was sentenced to 95 days in jail on one count of Violation of a Protection Order, a fifth-degree felony.

Susan Canfield, 38, of South Seneca Street in Rittman, pleaded not guilty to one count of Receiving Stolen Property, Credit Card, a fifth-degree felony. A jury trial is scheduled for January 11.

John Dorko, 19, of Harding Street in Medina, pleaded not guilty to one count of Theft of a Credit Card and one count of Breaking and Entering, both of which are fifth-degree felonies. A jury trial is scheduled for January 11.

Michael Smith, 38, of Kent Court in Akron, pleaded not guilty to one count of Illegal Manufacture of Drugs, a third-degree felony and one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for January 11.

Jordan Williams, 23, of Avery Road in Peebles, pleaded guilty to two counts of Robbery, both of which are third-degree felonies. Sentencing is scheduled for December 15.

Judge Collier's Criminal Docket for October 31, 2011

2011-11-07T06:48:00.000-08:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court October 31:

Jeremy Diestler, 21, of Neff Road in Medina, was sentenced to 18 months in prison on one count of Receiving Stolen Property, Firearms, a fourth-degree felony.

Michael Hixson, 20, of Friendship Street in Medina, was sentenced to nine months in prison on two counts of Trafficking in Drugs, one of which is a third-degree felony and one of which is a fourth-degree felony. The fourth-degree charge carries a forfeiture specification.

Michael Bougher, 20, of Park Street in Wadsworth, pleaded no contest to one count of Felonious Assault, a second-degree felony. Sentencing is scheduled for December 12.

Dennis Byrne, 50, of Gaylann Drive in Brunswick, pleaded guilty to one count of Trafficking in Marijuana within the Vicinity of a Juvenile, a fourth-degree felony. Sentencing is scheduled for December 12.

Michael Fairchild, 34, of Glen Cove Commons in Brunswick, pleaded guilty to one count of Possession of Drugs, a fifth-degree felony. Sentencing is scheduled for December 12.

Lynn Huffman, 35, of Birch Hill Drive in Medina, pleaded not guilty to one count of Burglary, a second-degree felony and one count of Theft of a Drug, a fourth-degree felony. A jury trial is scheduled for December 12.

David Johnson Jr., 23, of Granger Road in Medina, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for February 6.

Edward Korzinski Jr., 44, of Tudor Avenue in Brunswick, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for February 6.

James Piskac, 21, of Woodling Way in Medina, pleaded not guilty to one count of Assault on a Peace Officer, a fourth-degree felony and two counts of Obstructing Official Business, both of which are fifth-degree felonies. A jury trial is scheduled for February 6.

Andrew Salchenberg, 27, pleaded guilty and was sentenced to six months in jail on one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony.

Elizabeth Wheeler, 22, of Liberty Street in Seville, pleaded not guilty to one count of Trafficking in Marijuana within the Vicinity of a Juvenile, a fourth-degree felony and one count of Trafficking in Marijuana, a fifth-degree felony. A jury trial is scheduled for February 6.

Judge Kimbler's Criminal Docket for October 27, 2011

2011-10-28T06:38:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court October 27:

Robert Blazek, 22, of Sharon Copley Road in Medina, was sentenced to three years of community control sanctions on two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A forfeiture specification is attached to the charges. His driver’s license was suspended for six months.

Kristopher Buterbaugh, 23, of Lodi Road in Lodi, was sentenced to one year in prison on the following charges: one count of Burglary, a second-degree felony; one count of Trafficking in Oxycodone, a third-degree felony; and one count of Possession of Criminal Tools, a fifth-degree felony. His driver’s license was suspended for six months.

Tabitha Lavender, 19, of Prospect Street in Lodi, was sentenced to three years of community control sanctions, with 30 days of house arrest, on one count of Misuse of Credit Cards, Elderly, and one count of Theft of Credit Cards, Elderly, both of which are fifth-degree felonies.

Matthew Myers, 39, of Greenwich Road in Homerville, was sentenced to nine months in prison on one count of Failure to Comply with a Police Officer, a third-degree felony.

Ricki Back, 34, of Lafayette Road in Medina, pleaded not guilty to two counts of Theft of Credit Cards, both of which are fifth-degree felonies. A jury trial is scheduled for December 21.

Kenneth Belcher, 38, of Miner Drive in Medina, pleaded not guilty to the following charges: one count of Possession of Drugs, a third-degree felony; one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony; two counts of Complicity to Commit Illegal Processing of Drug Documents, both of which are fourth-degree felonies; three counts of Illegal Processing of Drug Documents, all of which are fourth-degree felonies; and one four counts of Illegal Processing of Drug Documents, all of which are fifth-degree felonies. A jury trial is scheduled for January 3.

Benjamin Gordon, 24, of Harlem Road in Galena, pleaded not guilty to one count of Burglary, a second-degree felony and one count of Theft, a fifth-degree felony. A jury trial is scheduled for December 20.

Samantha Nelson, 25, of High Street in Wadsworth, pleaded not guilty to three counts of Forgery, both of which are fifth-degree felonies. A jury trial is scheduled for January 4.

Terry Pugh, 50, of West Union Street, pleaded no contest to one count of Having Weapons While Under Disability, a third-degree felony. Sentencing is scheduled for December 8.

Judge Collier's Criminal Docket for October 24, 2011

2011-10-28T06:37:00.001-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court October 24:

Jeffrey Turner, 25, of Abbeyville Road in Medina, was sentenced to three years of community control sanctions on two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. His driver’s license was suspended for six months.

Thomas Ady, 35, of Cherokee Lane in Creston, pleaded not guilty to one count of Illegal Processing of Drug Documents, a fourth-degree felony. A jury trial is scheduled for January 23.

Aaron Bain, 25, of Kepler Avenue in Canal Fulton, pleaded no contest to one count of Burglary, a second-degree felony. Sentencing is scheduled for December 15.

Quay Barber, 45, of Birch Hill Drive in Medina, pleaded not guilty to one count of Burglary, a second-degree felony, and one count of Theft of Drugs, a fourth-degree felony. A jury trial is scheduled for December 7.

Samuel Bissell Jr., 31, of Arkansas, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for November 21.

Shanna Bissell, 38, of Arkansas, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for November 21.

Jeremy Diestler, 21, of Neff Road in Medina, pleaded no contest to one count of Receiving Stolen Property and guilty to one count of Robbery, a third-degree felony. Sentencing is scheduled for December 15.

Adam Hefflin, 22, of South Huntington Street in Medina, pleaded no contest to one count of Violation of a Protection Order, a fifth-degree felony. Sentencing is scheduled for December 15.

Anthony Konopinski, 20, of Guilford Road in Seville, pleaded no contest to one count of Failure to Comply with a Police Officer, a third-degree felony. Sentencing is scheduled for December 5.

Shary Kovach, 29, of Lafayette Road in Medina, pleaded not guilty to one count of Misuse of Credit Cards, a fifth-degree felony. A jury trial is scheduled for January 23.

David Lynch, 45, of Elyria Street in Lodi, pleaded no contest to the following charges: two counts of Attempted Murder, both of which carry a firearm specification; one count of Felonious Assault, a second-degree, which also carries a firearm specification; and one count of Having Weapons While Under Disability, a third-degree felony. Sentencing is scheduled for December 5.

Justin Seliskar, 32, of Sturbridge Drive in Medina, pleaded no contest and was sentenced to nine months of community control sanctions on one count of Having Weapons While Under Disability, a third-degree felony.

Loni Yates, 23, of West Union Street, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for January 25.

HB 86 Survey Form

2011-10-21T13:21:00.001-07:00

Please click on link to take a short survey about questions and/or problems you are having with HB 86. HB 86 Survey

Judge Kimbler's Criminal Docket for October 20, 2011

2011-10-21T07:15:00.001-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court October 20:

Lisa Breedlove, 32, of East Homestead Street in Medina, was sentenced to four years in prison on one count of Burglary, a second-degree felony.

Charles Smith, 28, of Springbrook Drive in Medina, was sentenced to six months in jail on one count of Trafficking in Heroin, a fifth-degree felony. His driver’s license was suspended for six months.

Dontayvis Bankston, 38, of Young Street in Medina, pleaded not guilty to one count of Felonious Assault, a second-degree felony. A jury trial is scheduled for December 20.

Robert Bennett, 28, of 21st Street in Barberton, pleaded not guilty to the following charges: one count of Failure to Comply with a Police Officer, a third-degree felony; one count of Attempted Tampering with Evidence, a fourth-degree felony; and one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for December 19.

Scott Kitchen, 24, of Doylestown, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. The charge carries a forfeiture specification. A jury trial is scheduled for December 19.

Heather Weaver, 25, of Third Street in Wadsworth, pleaded not guilty to one count of Trafficking in Drugs, a fourth-degree felony. A jury trial is scheduled for December 21.

Judge Collier's Criminal Docket for October 17, 2011

2011-10-21T07:13:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court October 17:

Jason Claycomb, 40, of Bigelow Drive in Chippewa Lake, was sentenced to two years of community control sanctions, with six months in jail, on one count of Driving Under the Influence of Drugs or Alcohol, a fourth-degree felony. The charge carries the specification that the defendant has either been convicted of or pleaded guilty to five or more equivalent offenses within the last twenty years. His driver’s license was suspended for life and his vehicle was ordered to be forfeited to law enforcement.

Sarah Cusick, 29, of North Court Street in Medina, was sentenced to six months in jail for a probation violation on an original charge of Possession of Heroin, a fifth-degree felony.

Lee Long, 23, of Canterbury Lane in Medina, was sentenced to one year in prison on to two counts of Trafficking in Drugs, both of which are third-degree felonies.

Eric Miller, 29, of West Washington Street in Medina, was sentenced to six months in jail for a probation violation on two original charges of Trafficking in Marijuana, both of which are fifth-degree felonies.

Lynn Power, 62, of Meadow Gateway Boulevard in Medina, was sentenced to four years in prison on one count of Gross Sexual Imposition, a third-degree felony. He also was labeled a Tier II Sex Offender.

Vonte Richmond, 57, of Blue Stone Road in Cleveland, was sentenced to one year of community control sanctions on one count of Breaking and Entering, a fifth-degree felony.

Michelle Yonts, 41, of Lawn Avenue in Cleveland, was sentenced to two years of community control sanctions, with six months in jail, on one count of Theft of a Dangerous Drug, a fourth-degree felony.

Buster Emerson, 38, of Broad Street in Wadsworth, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for December 7.

Scott Emick, 41, of East 212th Street in Euclid, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for January 17.

Shin Kim, 42, of Chatham Way in Mayfield Heights, pleaded not guilty to one count of Felonious Assault, a second-degree felony. A jury trial is scheduled for January 17.

Kimberly Lawson, 35, of Kentucky Avenue in Akron, pleaded not guilty to one count of Illegal Manufacture of Drugs, a third-degree felony. A jury trial is scheduled for January 18.

Amy Robinson, 36, of Helen Avenue in Brunswick, pleaded not guilty to one count of Theft from the Elderly, a first-degree felony. A jury trial is scheduled for January 17.

Samantha Swingle, 21, of West Washington Street in Medina, pleaded not guilty to one count of Theft of Credit Cards, a fifth-degree felony. A jury trial is scheduled for January 18.

Jessica Turpin, 23, of Abbeyville Road in Medina, pleaded not guilty to one count of Theft and one count of Theft from the Elderly, both of which are fifth-degree felonies. A jury trial is scheduled for January 23.

Clinton Vojtech, 34, of West Buckeye Street in West Salem, pleaded not guilty to four counts of Trafficking in Marijuana, all of which are fifth-degree felonies. A jury trial is scheduled for January 18.

Fired Brunswick Fire Captain Wins Appeal, New Trial Ordered

2011-10-17T09:24:00.000-07:00

On Monday, October 17, 2011 the Court of Appeals for the Ninth Judicial District, which hears appeals from trial courts in Lorain, Medina, Summit and Wayne Counties reversed a decision of Judge Kimbler's and remanded the case back to the Medina County Common Pleas Court. The case involved Harry Caudill, a former fire captain in the Brunswick Fire Department, who was fired by the City in 2005. In an earlier proceeding Judge Kimbler had sent the case back to Brunswick for a re-hearing of the City's decision to fire Caudill. The City conducted another hearing and again found that Caudill should be fired.

Caudill appealed that decision to the Medina County Court of Common Pleas and Judge Kimbler held that the City's decision should be reviewed as an administrative appeal under Chapter 2906 of the Ohio Revised Code. The Court of Appeals, however, decided that the case should be handled under Chapter 124 and Chapter 119 of the Revised Code. The difference is substantial. Under the reasoning of the Court of Appeals Mr. Caudill is entitled to a full hearing as opposed to the procedure used by Judge Kimbler in which he reviewed the transcripts of the hearing held by the City.

When the case is remanded back to the Common Pleas Court, Mr. Caudill will have the opportunity to call witnesses in support of his position and to cross-examine the witnesses called by the City. At that hearing the Common Pleas Court will not be under any obligation to give any deference to the City's decision to fire Mr. Caudill. Under the reasoning adopted by Judge Kimbler, the Court was to give deference to the City's decision unless the Court found that the decision was not supported by reliable, probative, and substantial evidence or unless the Court found that the firing was illegal, arbitrary, capricious or unconstitutional.

The City of Brunswick has the opportunity to appeal the Appeals Court's decision. Such a notice of appeal must be filed within 45 days of the October 17, 2011 decision.

Entry Correcting Clerical Omission in Court's Journal Does Not Provide Defendant With New Right to Appeal

2011-10-17T07:34:00.000-07:00

Court Holds That Correction Does Not Create a New 'Final Order' In Case

Please note: Opinion summaries are prepared by the Office of Public Information for the general public and news media. Opinion summaries are not prepared for every opinion released by the Court, but only for those cases considered noteworthy or of great public interest. Opinion summaries are not to be considered as official headnotes or syllabi of Court opinions. The full text of this and other Court opinions from 1992 to the present are available online from the Reporter of Decisions. In the Full Text search box, enter the eight-digit case number at the top of this summary and click "Submit."

State v. Lester, Slip Opinion No. 2011-Ohio-5204.
Auglaize App. No. 2-10-20. Judgment affirmed.
O'Connor, C.J., and Pfeifer and McGee Brown, JJ., concur.
Lundberg Stratton and O'Donnell, JJ., concur in part and dissent in part.
Lanzinger, J., dissents.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2011/2011-Ohio-5204.pdf

(Oct. 13, 2011) The Supreme Court of Ohio ruled today that when a trial court makes a “nunc pro tunc” (now for then) entry in its journal to correct a clerical omission in a prior judgment entry recording a criminal conviction, the correcting entry is not a new “final order” in the case that triggers a new right of appeal by the defendant.

In arriving at its decision, the Court modified its 2008 holding in State v. Baker and held that a judgment of conviction is a final order subject to appeal when it sets forth (1) the fact of the conviction, (2) the sentence, (3) the judge’s signature, and (4) the time stamp indicating that the judgment has been entered in the court’s journal.

The Court’s 4-3 majority opinion, authored by Justice Robert R. Cupp, affirmed a ruling by the 3rd District Court of Appeals.

The case involved Steven Lester of Auglaize County, who was convicted of multiple offenses in a 2006 jury trial and sentenced to a prison term to be followed by a term of postrelease control. In its journal entry recording that judgment, the trial court listed the offenses for which Lester had been convicted and the sentence imposed, but did not indicate whether the convictions were based on a guilty or no-contest plea, findings after a bench trial, or a verdict after a jury trial.

Lester appealed. The 3rd District Court of Appeals vacated part of his sentence because of an error in the postrelease control portion of the sentence. On remand, the trial court imposed the same prison term it had previously imposed and corrected the postrelease control portion of the sentence. In its revised sentencing entry, the court listed the offenses for which Lester had been convicted and the corrected sentence, but again did not indicate what type of court proceeding had resulted in his convictions. Lester filed a new appeal. The court of appeals affirmed the trial court’s sentence.

In April 2010 the trial court, on its own initiative, made a nunc pro tunc entry in its journal adding the information that Lester’s convictions were “pursuant to a verdict at Jury Trial returned on May 16, 2006.”

Lester filed a new notice of appeal, asserting that the insertion of the nunc pro tunc correcting entry in the court’s journal had created a “final order” in his case that triggered a new right of appeal. Prior to briefing, the 3rd District dismissed the appeal based on a finding that, because the nunc pro tunc entry had been made for the sole purpose of correcting a clerical omission to make the trial court’s journal accurately reflect what had actually occurred at trial, the correcting entry did not constitute a final order from which Lester had a right of appeal. Lester sought Supreme Court review of the case, and obtained certification of a conflict between the 3rd District’s ruling in his case and a 2010 decision of the 6th District, State v. Lampkin. The Supreme Court recognized the conflict and accepted Lester’s discretionary appeal.

Writing for the majority in today’s decision, Justice Cupp cited the requirement in Ohio Criminal Rule 32(C) that “(a) judgment of conviction shall set forth the plea, the verdict, or findings, upon which each conviction is based, and the sentence.” He noted that in State v. Baker, a 2008 decision applying Crim.R. 32(C), the Court included language suggesting that a judgment entry should include “the manner of conviction: a guilty plea, a no contest plea upon which the court has made a finding of guilt, a finding of guilt based upon a bench trial, or a guilty verdict resulting from a jury trial.”

“(T)his foregoing sentence appears to have created confusion and generated litigation regarding whether a trial court’s inadvertent omission of a defendant’s ‘manner of conviction’ affects the finality of a judgment entry of conviction,” wrote Justice Cupp.

“(W)e begin by observing that the purpose of Crim.R. 32(C) is to ensure that a defendant is on notice concerning when a final judgment has been entered and the time for filing an appeal has begun to run. ... We further observe that Crim.R. 32(C) clearly specifies the substantive requirements that must be included within a judgment entry of conviction to make it final for purposes of appeal and that the rule states that those requirements ‘shall’ be included in the judgment entry of conviction. These requirements are the fact of the conviction, the sentence, the judge’s signature, and the entry on the journal by the clerk. All of these requirements relate to the essence of the act of entering a judgment of conviction and are a matter of substance, and their inclusion in the judgment entry of conviction is therefore required. Without these substantive provisions, the judgment entry of conviction cannot be a final order subject to appeal under R.C. 2505.02. A judgment entry of conviction that includes the substantive provisions places a defendant on notice that a final judgment has been entered and the time for the filing of any appeal has begun.

“In contrast, when the substantive provisions of Crim.R. 32(C) are contained in the judgment of conviction, the trial court’s omission of how the defendant’s conviction was effected, i.e., the ‘manner of conviction,’ does not prevent the judgment of conviction from being an order that is final and subject to appeal. Crim.R. 32(C) does not require a judgment entry of conviction to recite the manner of conviction as a matter of substance, but it does require the judgment entry of conviction to recite the manner of conviction as a matter of form. In this regard, the identification of the particular method by which a defendant was convicted is merely a matter of orderly procedure rather than of substance. A guilty plea, a no-contest plea upon which the court has made a finding of guilt, a finding of guilt based upon a bench trial, or a guilty verdict resulting from a jury trial explains how the fact of a conviction was effected. Consequently, the finality of a judgment entry of conviction is not affected by a trial court’s failure to include a provision that indicates the manner by which the conviction was effected, because that language is required by Crim.R. 32(C) only as a matter of form, provided the entry includes all the substantive provisions of Crim.R. 32(C).”

Justice Cupp’s opinion was joined by Chief Justice Maureen O’Connor and Justices Paul E. Pfeifer, and Evelyn Lundberg Stratton.

Justice Terrence O’Donnell entered a separate opinion, joined by Justice Yvette McGee Brown, in which he concurred with the Court’s holding that a judgment entry of conviction qualifies as a final order under Crim.R. 32(C) without stating the manner of a defendant’s conviction. He disagreed, however, with the majority’s further holding that Crim.R. 32(C) requires that such entries include the manner of a defendant’s conviction as a non-substantive “matter of form.”

Justice O’Donnell wrote: “The plain language of Crim.R. 32(C) requires only that ‘[a] judgment of conviction shall set forth the plea, the verdict, or findings, upon which each conviction is based, and the sentence’; it does not direct a sentencing court to specify the manner of conviction. Rather, our decision in State v. Baker .... inadvertently added the requirement to specify the manner of conviction to Crim.R. 32(C). The majority makes an effort to sidestep this problem but unnecessarily complicates and compounds the error introduced in Baker by retaining a duty on the part of the sentencing court to specify the manner of conviction as a formal requirement. In my view, we should strike that part of Baker requiring sentencing courts to indicate the manner of conviction in the judgment of conviction and bring an end to the needless and meaningless litigation that ithas spawned, requiring appeals and rehearings all over the state.”

Justice Judith Ann Lanzinger entered a separate dissenting opinion in which she wrote: “Crim.R. 32(C) states what a judge shall do to enter a judgment of conviction that is subject to appeal. (In Baker) (w)e explained this rule and held pursuant to its clear wording: ‘A judgment of conviction is a final appealable order under R.C. 2505.02 when it sets forth (1) the guilty plea, the jury verdict, or the finding of the court upon which the conviction is based; (2) the sentence; (3) the signature of the judge; and (4) entry on the journal by the clerk of court.’ ... Lester’s sentencing entry did not contain the first required element. His judgment entry did not state the manner of his conviction − whether obtained through ‘a guilty plea, a no contest plea upon which the court has made a finding of guilt, a finding of guilt based upon a bench trial, or a guilty verdict resulting from a jury trial.’”

“ ... (U)nless Crim.R. 32(C) is amended to change ‘the plea, the verdict, or findings, upon which each conviction is based’ to ‘the fact of the conviction,’ the majority’s conclusion that the current phrase is a merely ‘a matter of form’ contradicts the rule. Plainly, it is as much of a requirement as the other elements. Either Crim.R. 32(C) means what it says or it does not.”

Contacts
Amy Otley Beckett: 419.739.6785, for the state and Auglaize County prosecutor's office.

Alexandra T. Schimmer, 614.995.2273, for the Ohio Attorney General.

Jon W. Oebker, 216.696.4884, for Stephen Lester.

Judge Kimbler's Criminal Docket for October 13, 2011

2011-10-15T05:58:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court October 13:

Michael Curtis, 36, of East Liberty Street in Medina, was sentenced to three years of community control sanctions, with a period of time in a Community Based Corrections Facility, on two counts of Trafficking in Drugs, both of which are fourth-degree felonies. His driver’s license was suspended for six months.

Edward Violett, 63, of Paradise Road in Seville, was sentenced to two years of community control sanctions on two counts of Gross Sexual Imposition, both of which are third-degree felonies. He also was labeled a Tier II Sex Offender.

Adonis Bell, 32, of Harding Street in Medina, pleaded guilty to two counts of Unlawful Sexual Conduct with a Minor, both of which are third-degree felonies. Sentencing is scheduled for November 18.

Jennifer Fonseca, 19, of West Park Boulevard in Medina, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for December 14.

Heather Hursky, 24, of Hametown Road in Doylestown, pleaded not guilty to one count of Illegal Conveyance of Weapons or Prohibited Items onto Grounds of a Detention Facility, a third-degree felony. A jury trial is scheduled for November 21.

Brittany Seifert, 23, of Brunswick, pleaded not guilty to one count of Theft, a fourth-degree felony; one count of Theft of a Credit Card, a fifth-degree felony; and four counts of Theft of a Check, all of which are fifth-degree felonies. A jury trial is scheduled for December 12.

Augustus Simpson, 32, of Weymouth Road in Medina, pleaded not guilty to one count of Trafficking in Heroin within the Vicinity of a School or Juvenile, a third-degree felony. A jury trial is scheduled for November 28.

Judge Collier's Criminal Docket for October 11, 2011

2011-10-15T05:51:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court October 11:

Brandon Fazekas, 25, of Clinton Road in Doylestown, was sentenced to 120 days in jail for a probation violation on an original charge of Forgery, a fifth-degree felony.

Johnny Mcie, 21, of Sanford Road in Lodi, was sentenced to six months in jail for a probation violation on an original charge of Trafficking in Marijuana, a fifth-degree felony.

Matthew Morris, 20, of Indiana, was sentenced to three years in prison on one count of Rape, a first-degree felony. He also was labeled a Tier III Sex Offender.

Matthew Ashby, 34, of Rivers Edge Drive in Valley City, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for December 27.

Victor Botamer, 47, of St. James Drive in Brunswick, pleaded not guilty to two counts of Driving Under the Influence of Drugs or Alcohol, both of which are fourth-degree felonies. A jury trial is scheduled for January 9.

Jarrod Cox, 20, of Buffham Road in Seville, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for January 4.

Ibrahnim Ibrahim, 24, of Maine, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for January 4.

Melissa Jones, 51, of Wadsworth Road in Medina, pleaded guilty to one count of Corrupting Another with Drugs, a fourth-degree felony; five counts of Unlawful Sexual Conduct with a Minor, all of which are third-degree felonies; and one count of Contributing to the Unruliness or Delinquency of a Minor, a first-degree misdemeanor. Sentencing is scheduled for November 21.

Daniel Potter, 27, of North Broadway Street in Medina, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for January 17.

Eric Sauers, 46, of West Walnut Street in Wadsworth, pleaded guilty to one count of Trafficking in Heroin, a fifth-degree felony. Sentencing is scheduled for November 21.

Elliot Smith, 42, of Dunbar Circle in Medina, pleaded not guilty to one count of Felonious Assault, a second-degree felony and one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for December 7.

Law Talk with Attorney Teresa Barrington

2011-10-12T09:24:00.001-07:00

Attorney John Celebrezze talks with Medina attorney Teresa Barrington about domestic relations cases:

Supreme Court Adopts Disciplinary System Amendments

2011-10-12T08:22:00.000-07:00

The Supreme Court of Ohio has adopted a series of rule amendments designed to enhance Ohio’s disciplinary system for lawyers and judges. The new rules take effect Jan. 1, 2012.

Earlier this year, the Court considered the proposed amendments that were contained in a December 2009 report from an 18-member Task Force to Review the Ohio Disciplinary System appointed by the late Chief Justice Thomas J. Moyer. The Court considered comments received during two public comment periods.

Among the new amendments are those that:

Establish standards for certified grievance committees and create more definite procedures for decertifying grievance committees that fail to adhere to minimum requirements. In addition, new grievance committees would need approval from the Board of Commissioners on Grievances & Discipline.

Add a requirement that bar counsel for each certified grievance committee must take a minimum of three hours of continuing education each year, specifically related to their disciplinary responsibilities. This training would be offered or approved by the Office of Disciplinary Counsel. Bar counsel could be decertified for failing to obtain the required training.

The Court’s review of the disciplinary system follows a five-year process to review, rewrite and adopt new ethical rules governing the conduct of Ohio lawyers (2007) and judges (2009). This was the first comprehensive review of the disciplinary process undertaken by the Court in at least the last 20 years. The last series of major amendments occurred in the late 1990s based on recommendations from a committee appointed by the Ohio State Bar Association.

Judge Kimbler's HB 86 Seminar Well Received

2011-10-10T14:14:00.001-07:00

In September Professional Development Communications in partnership with the Celebrezze-Zanghi Community Legal Education Project conducted two continuing legal education seminars on HB 86, the new criminal sentencing bill. The bill, which took effect on September 30, 2011 makes significant changes to Ohio's criminal sentences. Judge Kimbler presented both seminars.

The title of the seminar was HB 86 & The Common Pleas Court: One Judge's Perspective. Judge Kimbler focused on how HB 86 will affect Ohio's common pleas courts and judges. The seminar attracted attorneys, judges, and one parole officer. The September 17, 2011 seminar had 11 attendees and the September 23 seminar had 19 participants. Both seminars were held at the Rustic Hills Country Club in Medina, Ohio.

Seminar attendees were asked to evaluate Judge Kimbler's presentation on a 1 to 5 point scale. They were asked to rate the presentation; materials; handouts; speaker; and facility. The average scores for all participants were as follows:

Presentation: 4.9
Materials: 4.8
Handouts: 4.8
Speaker: 4.9
Facility: 4.6

HB 86 & The Common Pleas Court: One Judge's Perspective will be offered again during the last week of December. The seminar is certified by the Commission on Continuing Legal Education for 3.0 hours of general CLE credit.

Judge Collier's Criminal Docket for October 7, 2011

2011-10-10T14:13:00.001-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court October 7:

Cassie Jones, 24, of Miner Drive in Medina, was sentenced to five years of community control sanctions on five counts of Misuse of Credit Cards, Elderly, a fifth-degree felony.

Lynn Power, 61, of Meadow Gateway in Medina, pleaded no contest to one count of Gross Sexual Imposition, a third-degree felony. Sentencing is scheduled for October 17.

Judge Kimblber's Criminal Docket for October 6, 2011

2011-10-10T14:12:00.001-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court October 6:

Brandon Williams, 23, of East 146th Street in Cleveland, was sentenced to two years and seven months in prison on one count of Burglary, a third-degree felony and one count of Theft of a Firearm, both of which are third-degree felonies; and one count of Theft, a fifth-degree felony. All the charges carry a firearm specification.

Jerry Bianco, 35, of Wildflower Drive in North Canton, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for December 6.

Jeremy Diestler, 21, of Seville Road in Seville, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for December 7.

Shane Jones, 33, of Wall Road in Rittman, pleaded no contest to one count of Possession of Cocaine, one count of Receiving Stolen Property and one count Theft of a Credit Card, all of which are fifth-degree felonies. Sentencing is scheduled for November 10.

Israel Lopez Jr., 39, of Brandan Avenue in Youngstown, pleaded no contest to one count of Breaking and Entering, a fifth-degree felony. A jury trial is scheduled for November 22.

John Reichle, 58, of Montgomery Drive in Brunswick, pleaded guilty to one count of Gross Sexual Imposition, a fourth-degree felony. Sentencing is scheduled for November 21.

Blaine Rocha, 30, of Township Road 2375 in Perrysville, pleaded not guilty to one count of Trafficking in Drugs within the Vicinity of a Juvenile or School, a second-degree felony. A jury trial is scheduled for December 6.

Justine Sorrentino, 53, of Main Street in Wadsworth, pleaded not guilty to one count of Receiving Stolen Property, a fourth-degree felony. A jury trial is scheduled for December 7.

Micaela Strickland, 26, of Toby Terrace in Akron, pleaded not guilty to one count of Possession of Cocaine, a third-degree felony. A jury trial is scheduled for December 5.

Lewis Urconis Jr. 19, of Dover Road in Apple Creek, pleaded no contest to one count of Trafficking in Drugs, a fourth-degree felony. Sentencing is scheduled for November 10.

Judge Kimbler's Criminal Docket for September 29, 2011

2011-10-01T02:46:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court September 29:

James Carney, 35, of Birch Hill Drive in Medina, was sentenced to three years of community control sanctions on one count of Trafficking in Drugs, a fourth-degree felony and two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. His driver’s license was suspended for six months.

Benjamin Corliss, 22, of Detroit Avenue in Lakewood, was sentenced to three years of community control sanctions on the following charges: one count of Tampering with Evidence, a third-degree felony; one count of Theft, a fifth-degree felony; and three count of Trafficking in a Counterfeit Controlled Substance, all of which are fifth-degree felonies. His driver’s license was suspended for six months and he was ordered to pay $500 restitution.

Gregg Coyne, 42, of Big Injun Trail in Chippewa Lake, was sentenced to three years of community control sanctions on one count of Possession of Heroin, a fifth-degree felony. His driver’s license was suspended for six months.

Jemil Henderson, 19, of North Harmony Street in Medina, was sentenced to three years of community control sanctions on one count of Trafficking in Marijuana, a fifth-degree felony. His driver’s license was suspended for six months.

Curtis Martin, 38, of Substation Road in Brunswick, was sentenced to six months in jail on one count of Domestic Violence, a fourth-degree felony.

Sean Pack, 26, of Spring Garden Road in Parma, was convicted of one count of Aggravated Burglary and one count of Aggravated Robbery, both of which are first-degree felonies, with a Repeat Violent Offender Specification. He was sentenced to eight years in prison and ordered to pay $3,000 restitution to the victim.

Kristen VanHauter, 41, of High Street, was sentenced to three years of community control sanctions on two counts of Trafficking in Drugs and one count of Trafficking in Heroin, all of which are fifth-degree felonies. Her driver’s license was suspended for six months.

Crissy Wortman, 30, of Raglan Drive in Warren, was sentenced to two years of community control sanctions, with 30 days in jail, on one count of Receiving Stolen Property, a fifth-degree felony.

Jeffrey Askew, 28, of Medina, pleaded not guilty to one count of Burglary, a second-degree felony. A jury trial is scheduled for November 28.

Jesse Coble, 28, of Bevan Road in Barberton, pleaded not guilty to one count of Burglary, a third-degree felony and one count of Theft, a fifth-degree felony. A jury trial is scheduled for November 21.

Daniel Costanzo, 50, of Ira Street in Cleveland, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for November 30.

Shari Cross, 18, of Highland Avenue in Wadsworth, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for November 29.

Ricardo Feliciano, 24, of River Street in Lodi, pleaded guilty and was sentenced to seven months in prison on one count of Receiving Stolen Property, Motor Vehicle, and one count of Theft, Motor Vehicle, both of which are fourth-degree felonies.

David Gebers, 46, of West Walnut Street in Wadsworth, pleaded not guilty to one count of Trafficking in Heroin, a fifth-degree felony. A jury trial is scheduled for November 23.

Jennifer Nuendorff, 27, of North Elmwood Street in Medina, pleaded not guilty to three counts of Trafficking in Heroin within the Vicinity of a Juvenile or School, one of which is a third-degree felony and two of which are fourth-degree felonies and one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for November 21.

Aaron Peak, 25, of Beverly Hills Drive in Brunswick, pleaded not guilty to one count of Domestic Violence, a fifth-degree felony. A jury trial is scheduled for November 30.

Shane Powers, 37, of Ryan Road in Medina, pleaded no contest to one count of Violation of a Protection Order, a fifth-degree felony. Sentencing is scheduled for November 4.

Jeffrey Rini, 48, of North Elmwood Street in Medina, pleaded not guilty to one count of Trafficking in Heroin within the Vicinity of a Juvenile or School, a fourth-degree felony. A jury trial is scheduled for November 29.

Shawn Roberts, 26, of Eastern Road in Rittman, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for November 29.

James J. Smiley Sr., 46, of Redfern Road in Chippewa Lake, pleaded not guilty to one count of Burglary, a third-degree felony; one count of Theft, Motor Vehicle, and one count of Safecracking, both of which are fourth-degree felonies. A jury trial is scheduled for November 28.

Edward Tanner, 29, of Benton Street in Barberton, pleaded not guilty to one count of Illegal Manufacture of Drugs, a third-degree felony. A jury trial is scheduled for November 28.

Jason Zappe, 27, of West Liberty Street, pleaded not guilty to one count of Trafficking in Crack Cocaine within the Vicinity of a Juvenile, a third-degree felony and one count of Theft, a first-degree misdemeanor. A jury trial is scheduled for November 29.

Court Upholds Three-Year Limit to Sue Insurer for Underinsured Motorist Coverage in Auto Policy

2011-09-29T10:23:00.000-07:00

In Case Where Insufficiency of Other Drivers' Insurance Not Determined Within Three Years

Barbee v. Nationwide Mut. Ins. Co., Slip Opinion No. 2011-Ohio-4914.
Lorain App. Nos. 09 CA 009594 and 09 CA 009596, 2010-Ohio-2016. Judgment reversed and cause remanded.
O'Connor, C.J., and Lundberg Stratton, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Pfeifer and McGee Brown, JJ., dissent.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2011/2011-Ohio-4914.pdf

View oral argument video of this case.

(Sept. 29, 2011) The Supreme Court of Ohio ruled today that language in an auto insurance policy requiring the policyholder to file suit against the insurer for underinsured motorist coverage within three years after an accident is unambiguous and therefore enforceable, including in cases where the insufficiency of the at-fault drivers’ insurance is not determined within the three-year limitation period.

The Court’s 5-2 decision, which reversed a ruling by the 9th District Court of Appeals, was authored by Justice Robert R. Cupp.

The case involved four members of the Barbee family of Lorain County, who were injured in a traffic accident in October 2002 while traveling in Wisconsin. The accident was part of a multi-vehicle “chain reaction” crash that was triggered by the collision of two other vehicles. The driver of one of the vehicles that started the crash, who was killed, was covered by an auto insurance policy that provided up to $75,000 in coverage for personal injury to others. The other driver in the initial collision, who survived, was an armed-forces member covered by the federal government’s self-insurance plan.

The Barbees filed claims under the medical payments coverage in their own Nationwide auto insurance policy, and Nationwide paid those claims. Within a year after the accident, the Barbees’ attorney notified Nationwide that they were pursuing recovery from the at-fault drivers for additional unreimbursed medical bills and other damages, and might file claims in the future under the underinsured motorist coverage in their Nationwide policy if they were unable to recover the full amount of their damages from the at-fault drivers.

The Barbees sued both of the at-fault drivers in federal court in Wisconsin. The defendants’ insurance providers disputed the percentage of fault that was attributable to their respective insureds, and the case proceeded to trial. At the conclusion of that litigation, more than three years after the date of the 2002 accident, the federal court set the amount of damages payable to each of the Barbees and held that the estate of the deceased driver was responsible for 70 percent of those damages and the federally insured driver was liable for 30 percent. The federal government paid the Barbees 30 percent of the total damages awarded by the court. However, the policy limit of $75,000 in liability coverage available from the deceased driver’s policy, which was apportioned among the victims, was not sufficient to cover the remaining 70 percent of their court-awarded damages.

In January 2007, the Barbees filed suit against Nationwide in the Lorain County Court of Common Pleas, seeking to recover the unpaid portions of their respective court judgments from the underinsured motorist coverage in the Nationwide policy. Nationwide filed a motion for summary judgment dismissing the Barbees’ claims, arguing that its policy included a specific limitation clause stating that any suit against the company seeking underinsured motorist coverage must be filed within three years after the date of a covered accident. Because the Barbees had not filed suit until more than four years after their accident, the company said, they had missed the deadline for asserting their underinsured motorist claims.

The trial court denied the summary judgment motion. It held that the language of Nationwide’s policy was ambiguous because there was a conflict between the three-year limitation provision and a separate “exhaustion” provision stating that no payments would be made under the underinsured motorist coverage in the policy “until the limits of all other liability insurance and bonds that apply have been exhausted by payments.” Following a line of prior court decisions holding that ambiguities in an insurance policy must be read in favor of the policyholder and against the insurer, the trial court held that the three-year limitation period in the Barbees’ policy did not begin to run until they had exhausted the liability coverage available from the at-fault drivers, which did not occur until the federal litigation was concluded and they received payments from the defendants’ insurers.

Nationwide appealed. The 9th District Court of Appeals affirmed the ruling of the trial court, holding that the Barbees did not have a claim for underinsured motorist coverage until the federal court case was concluded, and therefore the three-year limitation period did not begin to run until then. Nationwide sought and was granted Supreme Court review of the 9th District’s decision.

In today’s majority opinion, Justice Cupp wrote that the 9th District erred when it found a conflict between the policy language requiring an insured to file suit for underinsured motorist coverage within three years of an accident, and language withholding payment of underinsured motorist claims until all other sources of recovery have been exhausted.

He wrote: “In the case at bar, Nationwide’s exhaustion provision states, ‘No payment will be made until the limits of all other liability insurance and bonds that apply have been exhausted by payments.’ The plain meaning is that the exhaustion of a tortfeasor’s limits of liability is a condition that must be satisfied before an insured has a right to receive payment of underinsured-motorist benefits from his own insurer. It does not, however, impose exhaustion of the tortfeasor’s insurance as a condition that must be satisfied before an insured can file suit against his insurer to establish his claim under the policy for underinsured-motorist benefits.”

“Because the exhaustion clause does not affect when the insured may commence suit against his insurer for determination of underinsured-motorist benefits, no conflict exists among the exhaustion, compliance, and limitation provisions of the Barbees’ policy with Nationwide so that an ambiguity is created.”

Justice Cupp pointed out the actions of Faith Donley as an example that an insured is able to file suit prior to the exhaustion of the tortfeasor’s policy limits in order to protect the insured’s right to underinsured motorist coverage. Within the three-year period, Donley, another Nationwide insured who was involved in the same accident, filed suit against the company in Ohio for underinsured motorist coverage prior to the resolution of the federal court case. In so doing, he noted, Donley preserved her underinsured motorist claim in the event the damage award exceeded the tortfeasor’s policy limits.
“(T)he Barbees argue that unless this court holds that the failure to make exhaustion of a tortfeasor’s liability limits a condition that must occur before an insured’s claim accrues, there will be a flood of unnecessary cases onto the dockets of the courts.” wrote Justice Cupp. “Donley ... filed an underinsured-motorist claim against her insurer in Ohio before the federal suits were concluded. The Ohio trial court stayed the case pending the resolution of the federal suits. In many cases counsel will likely be able to learn about a party’s coverage through discovery. Counsel’s knowledge of the extent of injuries and damages sustained by the claimant will further determine whether an action for underinsured-motorist coverage must be asserted to preserve the policyholder’s underinsured-motorist-coverage rights. And because the trial court can stay proceeding on the underinsured-motorist claim until the claims against the tortfeasor are resolved, there is little extra burden on the court’s docket in preserving the insured’s claim for underinsured-motorist coverage in this manner.”

Justice Cupp’s opinion was joined by Chief Justice Maureen O’Connor and Justices Evelyn Lundberg Stratton, Terrence O’Donnell and Judith Ann Lanzinger. Justices Paul E. Pfeifer and Yvette McGee Brown dissented.

Justice Pfeifer entered a dissenting opinion in which he disputed the majority’s conclusion that there was no ambiguity in the interplay of the limitations, compliance, and exhaustion provisions of the Nationwide policy at issue.

He wrote: “Nationwide and this court see no ambiguity, to them the issue is crystal clear: the Barbees should have filed suit for uninsured motorist coverage even though they did not know whether they would be underinsured. Nationwide and this court point to another person injured in the same accident, who filed for underinsured motorist coverage before knowing whether she was entitled to it. This seems an odd way to determine that a policy is unambiguous: to point to someone who acted differently. That actually seems like proof of how ambiguous the policy is. One party did one thing, another party did something else. Two lower courts read the policy language and decided that the policy is ambiguous. The seven justices on this court read the policy language and, although the court is divided, decide that is not ambiguous. Such circumstances − different people, all schooled in the law and the language of insurance policies, reading the same policy language and reaching different conclusions − amply illustrate the very definition of ambiguity.”

“Unfortunately, this case has ramifications far beyond this case. Ultimately, Nationwide and this court have determined, as a matter of public policy, that it is better for insureds to file suit for underinsured motorist’s coverage in all circumstances, than for insureds to file only when they know that they are underinsured. Nationwide and this court have concluded that the trial courts can simply stay the suit for underinsured motorist coverage until after damages are assessed and it can be determined whether underinsured motorist coverage is applicable. ... What a waste of time for the courts of Ohio. What a waste of money for insurance companies. What a shame that this court couldn’t resolve this case sensibly without forcing attorneys to engage in an otherwise unnecessary practice.”

Contacts
Joyce V. Kimbler, 330.253.8877, for Nationwide Mutual Insurance Company.

Henry W. Chamberlain, 216.575.9000, for Matthew Barbee and other Barbee family member

Judge Kimbler's Criminal Docket for September 1, 2011

2011-09-26T20:24:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court September 1:

Shannon Odum, 28, of Kendale Drive in Akron, was sentenced to three years of community control sanctions on one count of Theft, a fifth-degree felony. She also was ordered to pay $1,600 in restitution to the victim.

Brandon Schoolcraft, 27, of Foster Road in Litchfield, was sentenced to six months in jail on the following charges: one count of Trafficking in Drugs, a fourth-degree felony; one count of Trafficking in Marijuana within the Vicinity of a Juvenile, a fourth-degree felony; one count of Trafficking in Marijuana, a fifth-degree felony; and two counts of Trafficking in Drugs, both of which are fifth-degree felonies.

William Ungor III, 21, of Raymond Drive in Brunswick, was sentenced to six months in jail on one count of Burglary, a third-degree felony and one count of Theft, a fifth-degree felony. He also was ordered to pay $500 in restitution to the victim.

Heather Woutat, 32, of Cole Avenue in Akron, was sentenced to six months in jail on seven counts of Misuse of Credit Cards, Elderly and one count of Theft of Credit Cards, all of which are fifth-degree felonies.

Christopher Doss, 20, of West Union Street in Medina, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for November 9.

Donnie George, 61, of Bank Street in Lodi, pleaded not guilty to one count of Complicity to Receive Stolen Property, a fifth-degree felony. A jury trial is scheduled for October 25.

Edward Lasco, 22, of Center Road in Valley City, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for November 8.

Joseph McKinney, 33, of South Bever Street in Wooster, pleaded not guilty to two counts of Forgery, both of which are fifth-degree felonies. A jury trial is scheduled for November 12.

Steven Schrier, 43, of South Broadway Street in Medina, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for November 7.

Lewis Urconis Jr., of Dover Road in Apple Creek, pleaded not guilty to one count of Trafficking in Drugs, a fourth-degree felony. A jury trial is scheduled for October 24.

Judge Kimbler's Criminal Docket for September 15, 2011

2011-09-26T09:37:00.000-07:00

Judge James Kimbler had two defendants appear in front of him on Thursday, Sepember 15, 2011 for imposition of sentence. They were Robert M. Koprivnyak and Catrina D. Perry.

Mr. Koprivnyak, 19, of Miller Street in Seville, Ohio, was sentenced to eight months in prison on two counts of Drug Trafficking. One count was a fifth degree felony and the other was a fourth degree felony. Judge Kimbler suspended his driver's license for six months. Mr. Koprivnyak received 85 days jail time credit on the prison sentence and also on the license suspension.

Ms. Perry, 26, of Center Street in Sterling, Ohio, received a six month jail sentence for two counts of Drug Possession with credit for 86 days served. Judge Kimbler also suspended her driver's license for six months but also gave her 86 days credit on the license suspension.

Article About Brunswick Council Member Removal

2011-09-26T04:09:00.001-07:00

Here is a link to a story summarizing the decision that Judge James Kimbler made upholding the removal of former Brunswick City Council member Anthony Capretta: http://medinagazette.northcoastnow.com/2011/09/07/judge-rules-brunswick-council-member-was-properly-removed/

Judge Kimbler's Criminal Docket for September 8, 2011

2011-09-26T04:06:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court September 8:

Phillip Bayless, 43, of Briarwood Drive in Chippewa Lake, was sentenced to one year in prison on one count of Driving Under the Influence of Drugs or Alcohol, a third-degree felony. His driver’s license was suspended for two years.

Gary Davis, 37, of West Friendship Street in Medina, was sentenced to two years of community control sanctions on one count of Theft, a fifth-degree felony.

Susan Holland, 51, of 28th Street SW in Norton, was sentenced to six months in jail on one count of Possession of Drugs, a fifth-degree felony. Her driver’s license was suspended for six months.

Nejla Ayyash, 28, of Bennington Drive in Strongsville, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for November 8.

Joseph Bush, 38, of Lake Road in Chippewa Lake, pleaded not guilty to two counts of Trafficking in Drugs within the Vicinity of a Juvenile or School, one of which is a second-degree felony and one of which is a third-degree felony. A jury trial is scheduled for November 14.

Tyler Farnsworth, 26, of Wadsworth Road in Wadsworth, pleaded not guilty to one count of Theft of a Credit Card, a fifth-degree felony. A jury trial is scheduled for November 8.

Vincent Labriola, 48, of Linda Lane in Copley, pleaded not guilty to one count of Complicity to Commit Arson, a fourth-degree felony. A jury trial is scheduled for October 24.

Michael Ziman, 37, of Aspen Lake Drive in Brunswick, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for November 15.

Judge Collier's Criminal Docket for September 6, 2011

2011-09-26T04:03:00.001-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court September 6:

Jeffrey Lewis, 25, of Chalker Street in Akron, was sentenced to 18 months in prison on one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony.

Eric Merriman, 19, of Highland Drive in Lodi, was sentenced to three years of community control sanctions on three counts of Trafficking in Marijuana, all of which are fifth-degree felonies. His driver’s license was suspended for six months.

Mark Meyers, 26, of Stiegler Road in Valley City, was sentenced to six months of community control sanctions on one count of Trafficking in Crack Cocaine, a fourth-degree felony and one count of Trafficking in Marijuana, a fifth-degree felony. His driver’s license was suspended for six months.

Andrew Smith, 32, of 19th Street NW in Barberton, was sentenced to one year in prison on one count of Failure to Comply with a Police Officer, a third-degree felony and one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony. His driver’s license was suspended for three years.

Stephen Woolum, 30, of Ledgestone Drive in Wadsworth, was sentenced to two years of community control sanctions on one count of Trafficking in Marijuana, a fifth-degree felony. His driver’s license was suspended for six months.

Robert Dean, 46, of Sturgess Avenue in Mansfield, pleaded not guilty to one count of Forgery, a fourth-degree felony. A jury trial is scheduled for December 12.

Michael Lucan, 20, of Stillwood Drive in Medina, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for December 12.

Matthew Mick, 28, of Navajo Street in Creston, pleaded not guilty to three counts of Illegal Processing of Drug Documents, all of which are fourth-degree felonies. A jury trial is scheduled for December 14.

Tyler Naegele, 18, of Prospect Road in Strongsville, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for December 12.

John Nemetz II, 24, of Springbrook Drive in Medina, pleaded not guilty to four counts of Trafficking in Marijuana, all of which are fifth-degree felonies. A jury trial is scheduled for November 7.

Brenda Newman, 38, of South Third Street in Rittman, pleaded not guilty to one count of Passing Bad Checks, a fifth-degree felony. A jury trial is scheduled for December 14.

Erin Remington, 21, of Eisenhower Drive in Brunswick, pleaded guilty to two counts of Receiving Stolen Property, one of which is a fifth-degree felony and one of which is a first-degree misdemeanor. Sentencing is scheduled for October 17.

Vonte Richmond II, 57, of Blue Stone Road in Cleveland, pleaded no contest to one count of Breaking and Entering, a fifth-degree felony. Sentencing is scheduled for October 17.

Kayson Ross, 21, of West Lowell Avenue in Akron, pleaded not guilty to one count of Burglary, a third-degree felony. A jury trial is scheduled for October 26.

Dylan Tingle, 19, pleaded not guilty to one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for December 21.

Michelle Yonts, 40, of Lawn Avenue in Cleveland, pleaded no contest to one count of Theft of a Dangerous Drug, a fourth-degree felony. Sentencing is scheduled for October 17.

Judge Collier's Criminal Docket for September 1, 2011

2011-09-26T04:01:00.001-07:00

Article About Family Intervention Program

2011-09-02T08:11:00.000-07:00

Here is a link to an article in the Trading Post Newspapers by Allison Wood that does a good job of explaining the Family Intervention Program that my court will be implementing through the Medina County Adult Probation Department: http://thepostnewspapers.com/results/family-intervention-program-county-SM-8-27--wood--clone

Judge Kimbler's Criminal Docket for August 25, 2011

2011-08-28T04:36:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court August 25:

Jonathan Marshall, 21, of South Lyman Street in Wadsworth, was sentenced to two years of community control sanctions on one count of Illegal Conveyance of Weapons or Prohibited Items onto Ground of Detention Facility, a third-degree felony.

Julieanna Semon, 30, of Parkwood Lane in Strongsville, was sentenced to two years of community control sanctions on one count of Deception to Obtain a Dangerous Drug, a fifth-degree felony. Her driver’s license was suspended for six months.

Keri Stapleton, 26, of Trease Road in Wadsworth, was sentenced to two years of community control sanctions on one count of Assault of a Peace Officer, a fourth-degree felony.

Jodi Stokes, 43, of Sequoia Drive in Medina, was sentenced to two years of community control sanctions on two counts of Deception to Obtain Dangerous Drugs, both of which are fifth-degree felonies. Her driver’s license was suspended for six months.

Ryan Wiggins, 21, of Medina, was sentenced to three years of community control sanctions on one count of Trafficking in Drugs, a fourth-degree felony. His driver’s license was suspended for six months.

Christopher Zevchek, 18, of Thorpe Circle in Brunswick, was sentenced to two years of community control sanctions, with six months in jail, on one count of Burglary, a third-degree felony and one count of Theft, a fifth-degree felony. He also was ordered to pay $500 restitution to the victim.

Aaron Bain, 26, of Kepler Avenue in Canal Fulton, pleaded not guilty to one count of Burglary, a second-degree felony. A jury trial is scheduled for October 24.

Jeremy Diestler, 21, of Neff Road in Medina, pleaded not guilty to two counts of Robbery, one of which is a second-degree felony and one of which is a third-degree felony. A jury trial is scheduled for October 24.

Alexandra Hatch, 19, of Guilford Road in Seville, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for October 25.

Eric Henninger, 35, of Summit Street in Wadsworth, pleaded not guilty to one count of Theft of Credit Cards, a fifth-degree felony. A jury trial is scheduled for October 25.

Michael Jones, 25, of Kenmore Boulevard in Akron, pleaded not guilty to one count of Illegal Manufacture of Drugs, a third-degree felony. A jury trial is scheduled for October 20.

Sonia Santiago, 31, of South Canyon Trail in Hinckley, pleaded not guilty to one count of Illegal Conveyance of Weapons or Prohibited Items onto Ground of Detention Facility, a third-degree felony; one count of Theft, a fourth-degree felony; and one count of Receiving Stolen Property, a fourth-degree felony. A jury trial is scheduled for October 24.

Merrick Slevin, 39, of Ruff Road in West Salem, pleaded not guilty to one count of Non-Support of Dependents, a fifth-degree felony. A jury trial is scheduled for October 18.

Judge Collier's Criminal Docket for August 22, 2011

2011-08-28T04:34:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court August 22:

Patrick Cantrell, 20, of Baywood Drive in Brunswick, was sentenced to five years of community control sanctions on three counts of Trafficking in Marijuana, all of which are fifth-degree felonies. His driver’s license was suspended for six months.

David Gebers, 46, of West Walnut Street in Wadsworth, was sentenced to two years of community control sanctions, with a period of time in a Community Based Corrections Facility, on one count of Possession of Heroin, a fifth-degree felony. His driver’s license was suspended for six months.

Ronald Graves, 48, of Lodi Road in Lodi, was sentenced to two years of community control sanctions, with 90 days in jail, on two counts of Burglary, one of which is a second-degree felony and one of which is a fourth-degree felony. He also was ordered to pay $45 in restitution to the victim.

Richard Hamlin, 43, of Regal Avenue in Brunswick, pleaded not guilty to one count of Domestic Violence, a third-degree felony. A jury trial is scheduled for October 5.

Dominic Humenik, 31, of Princeton Drive in Brunswick, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for November 23.

Melissa Lovely, 41, of Morsetown Court in Columbus, pleaded not guilty to one count of Illegal Processing of a Drug Document, a fourth-degree felony. A jury trial is scheduled for November 28.

Pamella Maiher, 28, of Bank Street in Lodi, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for November 28.

Gini Moore, 45, of Lisa Court in Lodi, pleaded guilty to one counts of Burglary, a fourth-degree felony. Sentencing is scheduled for September 19.

Mathew Morris, 20, of Muncie, Indiana, pleaded guilty to one count of Rape, a first-degree felony. Sentencing is scheduled for October 11.

Narender Singh, 37, of Benton Harbor, Michigan, pleaded not guilty to one count of Forgery, a fifth-degree felony. A jury trial is scheduled for October 5.

George Trikilis, 35, of Chippewa Road in Medina, pleaded not guilty to one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for October 3.

Judge Collier's Criminal Docket for August 15, 2011

2011-08-28T04:33:00.001-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court August 15:

Elizabeth Labbe, 25, of Loomis Avenue in Cuyahoga Falls, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Theft, a fifth-degree felony. She also was ordered to pay $863.70 in restitution to the victim.

Elijah White, 30, of Township Road 50 in Sullivan, was sentenced to five years of community control sanctions on one count of Possession of Marijuana, a fifth-degree felony.

James Brentlinger, 55, of Overlook Avenue in Wadsworth, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for November 14.

David Cherconis, 49, of Lakeview Drive in Brunswick, pleaded not guilty to one count of Domestic Violence, a third-degree felony. A jury trial is scheduled for September 14.

Jason Claycomb, 40, of Bigelow Drive in Chippewa Lake, pleaded not guilty to two count of Driving Under the Influence of Drugs or Alcohol, both of which are fourth-degree felonies. Both charges carry the specification that the defendant has been found guilty of five or more equivalent offenses within the last 20 years. A jury trial is scheduled for September 14.

Jackie Davis, 30, of Shannon Avenue in Barberton, pleaded no contest to one count of Possession of Drugs, a fifth-degree felony. Sentencing is scheduled for October 3.

John Donelon, 49, of Royalview Drive in Parma, pleaded not guilty to one count of Non-Support of Dependants, a fifth-degree felony. A jury trial is scheduled for November 21.

Andrew Downs, 19, of Sibley Avenue in Columbus, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for November 7.

Sean Flynn, 38, of High Street in Wadsworth, pleaded not guilty to one count of Domestic Violence, a third-degree felony. A jury trial is scheduled for October 12.

Michael Gibson, 27, of Shannon Avenue in Barberton, pleaded no contest to one count of Burglary, a third-degree felony. Sentencing is scheduled for October 3.

Angela Miliano, 23, of Miner Drive in Medina, pleaded no contest to the following charges: one count of Identity Theft, a third-degree felony; one count of Complicity to Commit Misuse of Credit Cards, Elderly; two counts of Forgery; and three counts of Misuse of Credit Cards, Elderly, all of which are fifth-degree felonies. Sentencing is scheduled for October 3.

Ryan Murray, 36, of New York, pleaded not guilty to one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for October 14.

Charles Paine, 19, of Pine Lake Drive in Medina, pleaded guilty to one count of Possession of Crack Cocaine, a fourth-degree felony. Sentencing is scheduled for October 3.

Judge Kimbler's Criminal Docket for August 18, 2011

2011-08-19T08:09:00.001-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court August 18:

Michael Huffman, 40, of Elyria Street in Lodi, was sentenced to 180 days in jail on one count of Gross Sexual Imposition, a fourth-degree felony.

Jeffrey Rini, 48, of Birch Hill Drive in Medina, was sentenced to 180 days in jail on two counts of Trafficking in Marijuana, both of which are fifth-degree felonies.

Steven Seamon, 39, of Oak Street in Medina, was sentenced to 180 days in jail on one count of Breaking and Entering, a fifth-degree felony.

Timothy Axford, 52, of Chatham Road in Spencer, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for October 19.

Drake Chiccarelli, 42, of Regal Avenue in Brunswick, pleaded not guilty to one count of Theft of a Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for October 18.

Rachel Cuevas, 38, of Arizona, pleaded not guilty to one count of Possession of Marijuana, a third-degree felony. A jury trial is scheduled for October 11.

Michael Curtis, 36, of East Liberty Street in Medina, pleaded no contest to two counts of Trafficking in Drugs, both of which are fourth-degree felonies. Sentencing is scheduled for September 22.

Adam Hefflin, 22, of South Huntington Street in Medina, pleaded not guilty one count of Violation of a Protection Order, a fifth-degree felony. A jury trial is scheduled for October 18.

Amanda Hickman, 25, of Brady Lake Road in Ravenna, pleaded not guilty to one count of Complicity to Commit Theft, a fifth-degree felony. A jury trial is scheduled for October 17.

Charles Jarrell, 46, of State Street in Wadsworth, pleaded not guilty to two counts of Trafficking in Drugs, one of which is a fourth-degree felony and one of which is a fifth-degree felony. A jury trial is scheduled for October 17.

Justin Kimmich, 25, of Ivandale Road in Parma, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for October 19.

Guadalupe Nieto-Pando, 25, of North Main Street in Spencer, pleaded not guilty to one count of Forgery, a fifth-degree felony. The charge carries three forfeiture specifications. A jury trial is scheduled for September 28.

Connor Maxwell, 19, of Chapel Circle in Medina, pleaded not guilty to Complicity to Commit Possession of Cocaine, a third-degree felony and two counts of Trafficking in Cocaine, one of which is a fourth-degree felony and one of which is a fifth-degree felony. A jury trial is scheduled for October 12.

Jermell Pierce, 30, of East 55th Street in Cleveland, pleaded not guilty to two counts of Trafficking in Crack Cocaine within the Vicinity of a Juvenile, both of which are third-degree felonies and one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for October 18.

Mark Piper, 42, of Seville Road in Seville, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for October 24.

Wayne Schlauch, 49, of Chippewa Road in Lodi, pleaded not guilty to one count of Domestic Violence, a third-degree felony. A jury trial is scheduled for October 17.

Jason Straubhaar, 32, of Pearl Road in Brunswick, pleaded not guilty to two counts of Trafficking in Crack Cocaine within the Vicinity of a Juvenile, both of which are third-degree felonies and two counts of Possession of Cocaine, both of which are fifth-degree felonies. A jury trial is scheduled for October 17.

Michael Taylor, 32, of North Pleasant Street in Oberlin, pleaded not guilty to one count of Theft of a Check, a fifth-degree felony. A jury trial is scheduled for October 25.

Michael Tenwick, 19, of Columbia Road in Medina, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for October 19.

Russell Wilson, 40, of Oakwood Avenue in Wadsworth, pleaded not guilty to one count of Burglary, a third-degree felony. A jury trial is scheduled for October 17.

Judge Kimbler Finds Montville Township Man Guilty of Two Sex Offenses

2011-08-17T07:33:00.001-07:00

Following a two day non-jury trial, Judge Kimbler announced that he had found Edward B. Violett, 63, of Paradise Road in Montville Township, guilty of two counts of Gross Sexual Imposition, both third degree felonies. Following the announcement of his verdict, Judge Kimbler ordered a pre-sentence investigation; revoked Mr. Violett's bond; and remanded him back to the Medina County Jail. Judge Kimbler also announced that he will impose sentence on September 29, 2011 at 8:30 am.

Mr. Violett was charged with having unlawful sexual contact with the 10 year old granddaughter of a woman who lives with him. The offenses took place in December of 2009 and May of 2010 while the child was staying overnight at the home her grandmother shares with Mr. Violett.

Gross Sexual Imposition is a third degree felony. Under current law it is punishable by a prison sentence of one to five years, in one year increments. Because of this conviction, Mr. Violett will be subject to reporting requirements under Ohio law.

Judge Kimbler Announces Family Intervention Program

2011-08-17T05:05:00.000-07:00

Medina County Chief Adult Probation Officer Veronica Perry, at Judge Kimbler's request, has designed a intervention in lieu of conviction program aimed at single mothers. The program, called the Family Intervention Program, is a one year long program. Here is a description of the women who are eligible for the program: "The offender must be a single mother with a drug addiction who is willing to participate in parenting classes and a mentoring program upon completion of the parenting classes."

Because it is an intervention in lieu of conviction program, an offender must meet the criteria set forth in the Ohio Revised Code. She must enter a guilty plea, although the Court will not find her guilty. She must be supervised by the Medina County Adult Probation Department.

If an offender successfully completes the program then the charge(s) against her are dismissed. If she does not complete the program, then because she has entered a guilty plea, she will be returned to Judge Kimbler's criminal docket for sentencing.

The program will last one year and will have three separate phases. The first phase will last 90 days; the second phase will last 180 days; and the third phase will last 90 days. The descriptions of the three phases appear below:

PHASE 1: LASTS 90 DAYS

Sessions held with Judge Kimbler and treatment team (case manager, probation officer(s), counselor, etc) at 1:30 every other Wednesday in Judge Kimbler’s Jury Room. Offender will be drug screened every visit and will also be subjected to SAM program during this phase.
Parenting Classes
Introduce Mentor
All fees will be waived during this phase
Transportation assistance will be provided

PHASE 2: LASTS 180 DAYS

Meets with Judge and team 2 times per month
SAM requirement eliminated if no positive tests in Phase One
Continue with Parenting Classes, etc.
Initiate family reunification if applicable
Random house visits/drug testing by PO (minimum of 12 times in this phase – ½ of testing fees will be paid for by program)

PHASE 3: LASTS 90 DAYS

Minimum 1-6 random drug tests per month
Reports monthly
Continue meeting with team and case managers
Complete entire program within one year which is advantage over being in regular Iloc for up to 3 years
Graduation Ceremony

Judge Kimbler decided to start this program after noticing that a number of female defendants who were charged with drug offenses were single mothers. He believes that this program, if successful, will benefit not only the mothers who go through the program, but also their children, and in turn, society in general.

Judge Collier's Criminal Docket for August 8, 2011

2011-08-13T05:04:00.001-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court August 8:

Anthony Lazar, 31, of Lafayette Road in Lodi, was sentenced to one year in prison on one count of Aggravated Vehicular Assault, a third-degree felony.

Matthew Miller, 41, of County Road 1100 in West Salem, was sentenced to three years in prison on the following counts: one count of Illegal Manufacture of Drugs, a third-degree felony; one count of Carrying a Concealed Weapon, a fourth-degree felony; and one count of Possession of Drugs, a fifth-degree felony.

Ray Cottrill, 39, of Trease Road in Wadsworth, was sentenced to one year in prison on one count of Receiving Stolen Property, a fifth-degree felony.

Michael Bougher, 19, of Park Street in Wadsworth, pleaded not guilty to one count of Felonious Assault, a second-degree felony. A jury trial is scheduled for October 17.

Randy DeMaison, 45, of West Herrick Avenue in Wellington, pleaded not guilty to one count of Trafficking in Marijuana within the Vicinity of a Juvenile, a fourth-degree felony, and two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for November 14.

Randall Finkel, 26, of state Route 58 in Wellington, pleaded not guilty to the following charges: one count of Possession of Marijuana, a third-degree felony; one count of Trafficking in Marijuana, a fourth-degree felony; and one count of Theft, a fifth-degree felony. A jury trial is scheduled for November 14.

Kristina Purdy, 24, of East 4th Street in Ashland, pleaded not guilty to one count of Trafficking in Marijuana, a fourth-degree felony and one count of Theft, a fifth-degree felony. A jury trial is scheduled for November 14.

Charles Smith, 27, of Springbrook Drive in Medina, pleaded not guilty to one count of Trafficking in Oxycodone, a third-degree felony. A jury trial is scheduled for October 11.

Carole Solomon, 26, of Brooklawn Avenue in Cleveland, pleaded not guilty to one count of Possession of Marijuana, a third-degree felony. A jury trial is scheduled for November 21.

Judge Kimbler's Criminal Docket for July 29, 2011

2011-08-13T05:02:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court July 29:

Stephanie Gasser, 27, of Greenwich Road in Seville, was sentenced to three years of community control sanctions, with a period of time in a Community Based Corrections Facility, on one count of Trafficking in Heroin, a fourth-degree felony.

Roger Graham, 32, of Avon Lake Road in Lodi, was sentenced to one year in prison on one count of Endangering Children, a third-degree felony.

David Huff, 30, of Avon Lake Road in Lodi, was sentenced to one years of community control sanctions, with 180 days in jail, on one count of Theft, a fifth-degree felony.

Jordan Moore, 20, of Victoria Circle in Medina, was sentenced to five years of community control sanctions, with 180 days in jail, on six counts of Pandering Sexual Matter Involving a Minor, all of which are fourth-degree felonies.

Dale Prater, 38, of Whychwood Drive in Akron, pleaded guilty and was sentenced to three years in prison on one count of Illegal Manufacture of Drugs, a third-degree felony. His driver’s license was suspended for six months.

Crystal Adkins, 25, of Garman Road in Burbank, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for September 28.

John Alden, 18, of South Harmony Street in Medina, pleaded not guilty to one count of Possession of Cocaine, a third-degree felony. A jury trial is scheduled for September 26.

Carlos Alexander, 21, of Florida, pleaded not guilty to one count of Receiving Stolen Property, a fourth-degree felony. A jury trial is scheduled for September 26.

Adonis Bell, 31, of Harding Street in Medina, pleaded not guilty to two counts of Unlawful Sexual Conduct with a Minor, both of which are third-degree felonies. A jury trial is scheduled for September 26.

Robert Blazek, 21, of Sharon Copley Road in Medina, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A forfeiture specification is attached to one of the charges. A jury trial is scheduled for September 26.

Kristofer Buterbaugh, 22, of Lodi Road in Lodi, pleaded not guilty to one count of Trafficking in Oxycodone, a third-degree felony. A jury trial is scheduled for September 26.

Jeffrey Colen, 45, of Bedrock Court in Brunswick, pleaded not guilty to two counts of Deception to Obtain a Dangerous Drug, one of which is a fourth-degree felony and one of which is a fifth-degree felony. A jury trial is scheduled for September 26.

Andrew Gollini, 19, of Royalton Road in Strongsville, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for October 9.

Joseph Malcom, 20, of El Camino Boulevard in Brunswick, pleaded not guilty to one count of Trafficking in Marijuana, a fifth-degree felony. A jury trial is scheduled for October 4.

Terrance McCray, 27, of Florida, pleaded not guilty to one count of Receiving Stolen Property, a fourth-degree felony and one count of Forgery, a fifth-degree felony. A jury trial is scheduled for September 28.

Michael Petruska, 51, of Laurel Road in Brunswick, pleaded not guilty to one count of Theft of a Check, a fifth-degree felony. A jury trial is scheduled for September 28.

Wayne Roper, 19, of Warren, pleaded not guilty to one count of Theft of a Firearm, a third-degree felony. A jury trial is scheduled for September 27.

Judge Collier's Criminal Docket for July 25, 2011

2011-08-13T05:01:00.001-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court July 25:

Matthew Justice, 19, of Harding Street in Medina, was sentenced to two years of community control sanctions on one count of Trafficking in Marijuana, a fifth-degree felony.

Leopold Mlocki, 28, of Kent Drive in Brunswick, was sentenced to two years of community control sanctions on two counts of Theft, both of which are fifth-degree felonies. He also was ordered to pay $4,225 in restitution to the victims.

Jason Mullins, 35, of Tolbert Street in Wadsworth, was sentenced to one year in prison on two counts of Trafficking in Drugs, both of which are fifth-degree felonies.

Lulu Parrella, 45, of Princeton Drive in Brunswick, was sentenced to five years of community control sanctions on two counts of Assault on a Corrections Officer, both of which are fifth-degree felonies.

Kevin Bowles, 18, of Orlando, Florida, pleaded not guilty to one count of Receiving Stolen Property, a fourth-degree felony. A jury trial is scheduled for October 3.

Labrint Brown, 23, of Lauderhill, Florida, pleaded not guilty to one count of Receiving Stolen Property, a fourth-degree felony and two counts of Forgery, both of which are fifth-degree felonies. A jury trial is scheduled for October 3.

Dennis Byrne, 50, of Gaylann Drive in Brunswick, pleaded not guilty to one count of Trafficking in Marijuana within the Vicinity of a Juvenile, a fourth-degree felony. A jury trial is scheduled for October 31.

Tara Duncan, 25, of Broad Street in Lodi, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for October 24.

Jeremy Fetzer, 34, of Canaan Center Road in Creston, pleaded not guilty to four counts of Deception to Obtain a Dangerous Drug, three of which are fourth-degree felonies and one of which is a fifth-degree felony. A jury trial is scheduled for October 26.

Bryan Hathaway, 25, of South Lyman Street in Wadsworth, pleaded guilty and was sentenced to three years of community control sanctions on one count of Illegal Conveyance of Weapons or Prohibited Items onto Grounds of Detention Facility or Institution, a third-degree felony.

William Koch, 56, of Osborne Road in Columbia Station, pleaded not guilty to three counts of Gross Sexual Imposition, all of which are fourth-degree felonies. A jury trial is scheduled for October 21.

Lanny Leatherman, 45, of Bronson Street in Medina, pleaded not guilty to one count of Felonious Assault, a second-degree felony and one count of Domestic Violence, a third-degree felony. A jury trial is scheduled for September 21.

Nikwabla Tabbs, 33, of Monticello Boulevard in Cleveland, pleaded not guilty to one count of Theft, a fourth-degree felony. A jury trial is scheduled for October 24.

Paul Turner, 46, of Turney Road in Bedford, pleaded not guilty to one count of Felonious Assault, a second-degree felony. The charge carries a Repeat Violent Offender specification. A jury trial is scheduled for September 19.

Stephen Woolum, 30, of Ledgestone Drive in Wadsworth, pleaded guilty to one count of Trafficking in Marijuana, a fifth-degree felony. Sentencing is scheduled for September 6.

Judge Kimbler's Criminal Docket for July 21, 2011

2011-08-13T04:58:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court July 21:

Daniel Ellison, 31, of Tallmadge Road in Cuyahoga Falls, was sentenced to three years of community control sanctions, with 180 days in jail, on one count of Theft, a fifth-degree felony.

Allen Sams, 24, of Lucy Street in Akron, was sentenced to three years of community control sanctions on one count of Trafficking in Heroin, a fourth-degree felony.

Brandy Braham, 29, of Essex Avenue in Akron, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for September 14.

Steven Combs, 46, of Wade Avenue in Cleveland, pleaded not guilty to one count of Arson, a fourth-degree felony and one count of Unauthorized Use of a Motor Vehicle, a fifth-degree felony. A jury trial is scheduled for September 13.

James Kaley, 29, of Industry Drive in Atwater, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for September 13.

Jeffrey Lang, 18, of Pioneer Way Drive in Medina, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for September 21.

Matthew Myers, 39, of Greenwich Road in Homerville, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for September 20.

Michelle Picknell, 39, of Lowmiller Road in Minerva, pleaded not guilty to one count of Theft, a fourth-degree felony. A jury trial is scheduled for September 21.

Roger Picknell, 53, of Lowmiller Road in Minerva, pleaded not guilty to one count of Theft, a fourth-degree felony. A jury trial is scheduled for September 19.

Dale Prater Jr., 38, of Whychwood Drive in Akron, pleaded to not guilty one count of Illegal Manufacture of Drugs, a third-degree felony. A jury trial is scheduled for September 20.

Jordan Williams, 22, of Avery Road in Peebles, pleaded not guilty to two counts of Robbery, both of which are third-degree felonies. A jury trial is scheduled for September 19.

R.C. 1.58 & HB 86

2011-07-26T06:50:00.000-07:00

The following paragraphs appear in R.C. 5149.36, as amended and/or enacted by HB 86:

SECTION 3. The amendments to sections 2925.01, 2925.03, 2925.05, and 2925.11 of the Revised Code, and to division (W) of section 2929.01 of the Revised Code, that are made in this act apply to a person who commits an offense involving marihuana, cocaine, or hashish on or after the effective date of this act and to a person to whom division (B) of section 1.58 of the Revised Code makes the amendments applicable.

The provisions of sections 2925.01, 2925.03, 2925.05, and 2925.11 of the Revised Code, and of division (W) of section 2929.01 of the Revised Code, in existence prior to the effective date of this act shall apply to a person upon whom a court imposed sentence prior to the effective date of this act for an offense involving marihuana, cocaine, or hashish. The amendments to sections 2925.01, 2925.03, 2925.05, and 2925.11 of the Revised Code, and to division (W) of section 2929.01 of the Revised Code, that are made in this act do not apply to a person upon whom a court imposed sentence prior to the effective date of this act for an offense involving marihuana, cocaine, or hashish.

SECTION 4. The amendments to sections 926.99, 1333.99, 1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2921.13, 2921.41, 2923.31, and 2981.07, division (B) of section 2929.13, and division (A) of section 2929.14 of the Revised Code that are made in this act apply to a person who commits an offense specified or penalized under those sections on or after the effective date of this section and to a person to whom division (B) of section 1.58 of the Revised Code makes the amendments applicable.

HB 265 Would Give State the Right to Jury Trial

2011-07-20T10:44:00.000-07:00

Section 1. That sections 1901.24, 1907.29, 2152.67, 2937.08, 2938.04, 2938.05, 2945.05, and 2945.06 of the Revised Code be amended to read as follows:
Sec. 1901.24. (A) A jury trial in a municipal court shall be demanded in the manner prescribed in the Rules of Civil Procedure or the Rules of Criminal Procedure. The number of persons composing a jury and the verdicts of jurors shall be governed by those rules.

(B) The right of a person to a jury trial in a municipal court is waived under the circumstances prescribed in the Rules of Civil Procedure or the Rules of Criminal Procedure.

(C) The prosecuting attorney, a village solicitor, a city director of law, or a similar chief legal officer for a municipal corporation responsible for prosecuting a criminal case before a municipal court may demand a jury trial in any criminal case in which a defendant may demand a jury trial. The prosecuting attorney, village solicitor, city director of law, or similar chief legal officer may demand a jury trial notwithstanding a defendant's failure to demand a jury trial and over the objection of the defendant.

Sec. 1907.29. (A) A jury trial shall be demanded in the manner prescribed in the Rules of Civil Procedure or the Rules of Criminal Procedure. The number of persons composing a jury and the verdicts of jurors shall be governed by those rules.

(B) The right of a person to a jury trial is waived under the circumstances prescribed in the Rules of Civil Procedure or the Rules of Criminal Procedure.

(C) The prosecuting attorney, village solicitor, city director of law, or similar chief legal officer for a municipal corporation responsible for prosecuting a criminal case before a county court may demand a jury trial in any criminal case in which a defendant may demand a jury trial. The prosecuting attorney, city director of law, village solicitor, or similar chief legal officer may demand a jury trial notwithstanding a defendant's failure to demand a jury trial and over the objection of the defendant.

(D) If, as a result of challenges or other causes, a jury panel is not full, the deputy sheriff or constable who is in attendance at a trial before a county court may fill the panel in the same manner as the sheriff fills a panel in the court of common pleas.

(E) The judge of the county court involved in a case shall administer an oath to the jury to try the matters in difference between the parties that are to be determined by the jury, and to give a verdict in accordance with the evidence.

(F) After the jurors are sworn in a case before a county court, they shall sit together and hear the proofs and allegations of the parties. After the hearing, the jury shall be kept together in a convenient place until they have agreed upon their verdict or have been discharged by the county court judge involved in the case.

(G) If an action being tried to a jury in a county court is continued, the jurors shall attend at the time and place appointed for trial without further notice.

(H) The judge of a county court involved in a case may punish as for contempt any juror who neglects or refuses to attend when properly summoned or who, although in attendance, refuses to serve.

(I) If, in a civil action before a county court, the judge is satisfied that the number of jurors required by Civil Rule 48 for concurrence purposes cannot concur in a verdict, and the jury has deliberated upon the verdict for a reasonable time, the judge may discharge the jury and continue the action. If either party requests a new jury, the judge shall cause the selection of another jury. If the action is continued, it shall be continued to a time that the judge considers reasonable unless the parties or their attorneys agree on a longer or shorter time.

Sec. 2152.67. Any adult who is arrested or charged under any provision in this chapter and who is charged with a crime may demand a trial by jury. The prosecuting attorney may demand a trial by jury notwithstanding a defendant's failure to demand a trial by jury and over the objection of the defendant. The juvenile judge upon the judge's own motion may call a jury. A demand for a jury trial shall be made in writing in not less than three days before the date set for trial, or within three days after counsel has been retained, whichever is later. Sections 2945.17 and 2945.23 to 2945.36 of the Revised Code, relating to the drawing and impaneling of jurors in criminal cases in the court of common pleas, other than in capital cases, shall apply to a jury trial under this section. The compensation of jurors and costs of the clerk and sheriff shall be taxed and paid in the same manner as in criminal cases in the court of common pleas.

Sec. 2937.08. Upon a plea of not guilty or a plea of once in jeopardy, if the charge be a misdemeanor in a court of record, the court shall proceed to set the matter for trial at a future time, pursuant to Chapter 2938. of the Revised Code, and shall let accused to bail pending such trial. Or the court may, but only if both prosecutor and accused expressly consent, set the matter for trial forthwith.

Upon the entry of such pleas to a charge of misdemeanor in a court not of record, the magistrate shall forthwith set the matter for future trial or, with the consent of both state and defendant may set trial forthwith, both pursuant to Chapter 2938. of the Revised Code. If the nature of the offense is such that right to jury trial exists, such matter shall not be tried before the magistrate unless the accused, by writing subscribed by the accused, waives a jury and consents to be tried by the magistrate and the prosecutor does not request a trial by jury. The prosecutor may demand a jury trial in any matter that the defendant has the right to jury trial. If the prosecutor demands a jury trial, the matter shall not be tried before the magistrate, notwithstanding the defendant's waiver of a jury trial or the objection of the defendant.

If the defendant in such event does not waive right to jury trial or if the prosecutor requests a trial by jury, then the magistrate shall require the accused to enter into recognizance to appear before a court of record in the county, set by such magistrate, and the magistrate shall thereupon certify all papers filed, together with transcript of proceedings and accrued costs to date, and such recognizance if given, to such designated court of record. Such transfer shall not require the filing of indictment or information and trial shall proceed in the transferee court pursuant to Chapter 2938. of the Revised Code.

Sec. 2938.04. (A) In courts of record, the right to trial by jury as defined in section 2945.17 of the Revised Code shall be claimed by making demand in writing therefor for a jury trial and filing the same demand with the clerk of the court not less than three days prior to the date set for trial or on the day following receipt of notice whichever is the later. Failure to claim jury trial as provided in this section is a complete waiver of right thereto to a jury trial. In courts not of record, a jury trial may not be had, but a failure to waive a jury trial in writing where right to a jury trial may be asserted shall require the magistrate to certify such the case to a court of record as provided in section 2937.08 of the Revised Code.

(B) The prosecuting attorney, city director of law, village solicitor, or similar chief legal officer responsible for prosecuting a criminal case before a court of record under this chapter may demand a jury trial in any case in which a defendant may demand a jury trial. The prosecuting attorney, village solicitor, city director of law, or similar chief legal officer may demand a jury trial notwithstanding a defendant's failure to demand a jury trial and over the objection of the defendant.

Sec. 2938.05. Claim of A defendant's claim for a jury trial, once made, may be withdrawn by a defendant by a written waiver of a jury trial. A defendant's withdrawal of a claim for a jury trial does not affect a demand for a jury trial by a prosecuting attorney, city director of law, village solicitor, or similar chief legal officer under section 2938.04 of the Revised Code. If a jury has been summoned, pursuant to the defendant's claim for a jury trial, the court may require accused the defendant to pay all costs of mileage and fees of members of the venire for one day's service, notwithstanding the outcome of the case. No withdrawal of a claim for a jury trial shall effect any re-transfer of a case, once it has been certified to a court of record.

Sec. 2945.05. (A) In all criminal cases pending in courts of record in this state, the defendant may waive a trial by jury and be tried by the court without a jury. Such A waiver of a trial by jury by a defendant, shall be in writing, signed by the defendant, and filed in said cause and made a part of the record thereof. It shall be entitled in the court and cause, and in substance as follows: "I ..............., defendant in the above cause, hereby voluntarily waive and relinquish my right to a trial by jury, and elect to be tried by a Judge of the Court in which the said cause may be pending. I fully understand that under the laws of this state, I have a constitutional right to a trial by jury."
Such A waiver of trial by jury must be made in open court after the defendant has been arraigned and has had an opportunity to consult with counsel. Such The waiver may be withdrawn by the defendant at any time before the commencement of the trial.

(B) The prosecuting attorney, city director of law, village solicitor, or similar chief legal officer responsible for prosecuting the criminal case may demand a trial by jury in any criminal case that is pending in a court of record in this state in which a defendant may demand a trial by jury. The prosecuting attorney, city director of law, village solicitor, or similar chief legal officer responsible for prosecuting the criminal case may demand a trial by jury notwithstanding the defendant's waiver of a trial by jury and over the objection of the defendant.

Sec. 2945.06. In any case in which a defendant waives his the right to trial by jury and elects to be tried by the court under section 2945.05 of the Revised Code, if the prosecuting attorney, city director of law, village solicitor, or similar chief legal officer responsible for prosecuting the criminal case has not demanded a trial by jury in that case any judge of the court in which the cause is pending shall proceed to hear, try, and determine the cause in accordance with the rules and in like manner as if the cause were being tried before a jury. If the accused is charged with an offense punishable with death, he shall be tried by a court to be composed of three judges, consisting of the judge presiding at the time in the trial of criminal cases and two other judges to be designated by the presiding judge or chief justice of that court, and in case there is neither a presiding judge nor a chief justice, by the chief justice of the supreme court. The judges or a majority of them may decide all questions of fact and law arising upon the trial; however the accused shall not be found guilty or not guilty of any offense unless the judges unanimously find the accused guilty or not guilty. If the accused pleads guilty of aggravated murder, a court composed of three judges shall examine the witnesses, determine whether the accused is guilty of aggravated murder or any other offense, and pronounce sentence accordingly. The court shall follow the procedures contained in sections 2929.03 and 2929.04 of the Revised Code in all cases in which the accused is charged with an offense punishable by death. If in the composition of the court it is necessary that a judge from another county be assigned by the chief justice, the judge from another county shall be compensated for the judge's services as provided by section 141.07 of the Revised Code.

Section 2. That existing sections 1901.24, 1907.29, 2152.67, 2937.08, 2938.04, 2938.05, 2945.05, and 2945.06 of the Revised Code are hereby repealed.

2011-07-20T10:31:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Collier's court for criminal cases on July 18, 2011:

Steven Ennis, 44, of Chippewa Road in Medina, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Having Weapons While Under Disability, a third-degree felony.

Scott Schilero, 31, of Longacre Drive in Chippewa Lake, was sentenced to three years of community control sanctions, with a period of time in a Community Based Corrections Facility, on two counts of Illegal Processing of Drug Documents and one count of Deception to Obtain a Dangerous Drug, all of which are fourth-degree felonies.

Brandon Boettcher, 19, of Crestway Oval in Brunswick, pleaded guilty and was sentenced to one year in prison on two counts of Aggravated Vehicular Assault, both of which are third-degree felonies and two counts of Contributing to the Unruliness of a Minor, both of which are first-degree misdemeanors. His driver’s license was suspended for two years.

Tyler Carr, 27, of Highview Drive in Wadsworth, pleaded guilty and was sentenced to six months in prison on two counts of Trafficking in Heroin, both of which are fifth-degree felonies.

Michael Fairchild, 34, of Glen Cove Commons in Brunswick, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for October 24.

Richard Hamlin, 43, of East Walnut Street in Wadsworth, pleaded no contest to one count of Domestic Violence, a fourth-degree felony. Sentencing is scheduled for August 29.

Valerie Russell, 19, of Jefferson Avenue in Brunswick, pleaded guilty and was sentenced to three years of community control sanctions to one count of Trafficking in Marijuana and one count of Permitting Drug Abuse, both of which are fifth-degree felonies.

Carlos Tripp, 35, of Harding Street in Medina, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for September 15.

Thomas Wagner, 37, of Sparrow Way in Wadsworth, pleaded not guilty to two counts of Driving Under the Influence of Drugs or Alcohol, both of which are third-degree felonies. A jury trial is scheduled for September 28.

Judge Kimbler's Criminal Docket for July 14, 2011

2011-07-20T10:30:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Kimbler's court for criminal cases on July 14, 2011:

Thomas Doughty, 29, of South Huntington Street in Medina, was sentenced to 160 days in jail on one count of Theft of Credit Cards, a fifth-degree felony.

Reginald Jones, 22, of Ina Court in Akron, was sentenced to three years of community control sanctions, with six months in a Community Based Correctional Facility, on one count of Possession of Heroin and one count of Trafficking in Heroin, both of which are fourth-degree felonies.

Tearle Wade, 23, of West Friendship Street in Medina, was sentenced to one year in prison on one count of Felonious Assault, a third-degree felony and one count of Possession of Crack Cocaine, a fourth-degree felony.

Jeffrey Davis, 23, of North Red Rock Drive in Strongsville, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for September 13.

Deonica Hasrouni, 18, of Clemson Drive in Brunswick, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for September 14.

Homer Jarvis, 35, of East Easton Road in Creston, pleaded not guilty to one count of Burglary, a third-degree felony. A jury trial is scheduled for September 12.

Robert Koprivnyak, 19, of Center Street in Seville, pleaded not guilty to one count of Trafficking in Marijuana within the Vicinity of a Juvenile or a School, a fourth-degree felony, and one count of Trafficking in Heroin, a fifth-degree felony. A jury trial is scheduled for September 12.

Shane Powers, 37, of Ryan Road in Medina, pleaded not guilty to one count of Violation of a Protection Order, a fifth-degree felony. A jury trial is scheduled for September 13.

Jacqueline Rogers, 64, of Dunbar Circle in Medina, pleaded not guilty to one count of Trafficking in Oxycodone, a third-degree felony and one count of Trafficking in Drugs, a fourth-degree felony. A jury trial is scheduled for September 12.

Christina Valentino, 29, of River Styx Road in Medina, pleaded guilty and was sentenced to one year in prison on one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony.

Sara Warner, 22, of Newkirk Drive in Brunswick, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for September 14.

Judge Collier's Criminal Docket for July 11, 2011

2011-07-20T10:28:00.001-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared for criminal cases in Judge Collier's court on July 11, 2011:

Crystal Calhoun, 33, of Madison Avenue in Cleveland, was sentenced to 11 months in prison on one count of Receiving Stolen Property, Credit Card, a fifth-degree felony.

Jess Morgan, 32, of Lodi Road in West Salem, was sentenced to 10 years in prison on two counts of Robbery, two of which are second-degree felonies and two of which are third-degree felonies.

Timothy Slama, 41, of Stearns Street in Brunswick, was sentenced five years of community control sanctions, with six months in jail, on one count of Having Weapons While Under Disability, a third-degree felony.

Danielle Smeal, 19, of Wadsworth Road in Norton, was sentenced to five years of community control sanctions on one count of Theft, a fifth-degree felony.

Christine Dettweiller, 44, of Seymour Street NW in Massillon, pleaded not guilty to the following charges: one count of Complicity to Commit Attempted Murder; one count of Aggravated Burglary, a first-degree felony; and two counts of Complicity to Commit Felonious Assault, both of which are second-degree felonies. A jury trial is scheduled for September 19. She is in Medina County Jail on $250,000 bond.

Michael Metzger, 44, of Foote Road in Medina pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 31.

Michael Myers, 21, of Fairmont Avenue in Rittman, pleaded not guilty to one count of Possession of Cocaine and one count of Possession of Heroin, both of which are fifth-degree felonies. A jury trial is scheduled for September 7.

Randy Newberry, 31, of Fraze Road in Marshallville, pleaded not guilty to one count of Possession of Cocaine and one count of Possession of Heroin, both of which are fifth-degree felonies. A jury trial is scheduled for September 7.

Martsin Prokopovich, 20, of New Jersey, pleaded not guilty to one count of Theft of a Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for October 11.

John Reichle, 58, of Montgomery Drive in Brunswick, pleaded not guilty to two counts of Gross Sexual Imposition, both of which are fourth-degree felonies. A jury trial is scheduled for October 12.

James Scott, 61, of Main Street in Clinton, pleaded no contest to one count of Trafficking in Marijuana, a fifth-degree felony. Sentencing is scheduled for August 22.

Robert Taylor, 68, of Franklin Drive in Medina, pleaded not guilty to two counts of Driving Under the Influence of Drugs or Alcohol, both of which are fourth-degree felonies. A jury trial is scheduled for October 5.

Judge Kimbler's Criminal Docket for July 7, 2011

2011-07-20T10:26:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Kimbler's court for criminal cases on July 7, 2011:

Cassandra Pype, 20, of West North Street in Medina, was sentenced to two years of community control sanctions, with 180 days in jail, on one count of Trafficking in Drugs, a fourth-degree felony and one count of Possession of Drugs, a fifth-degree felony.

Jason Ballard, 26, of Burnette Avenue in East Cleveland, pleaded no contest and was sentenced to six months in prison on one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony.

Ralph DiVincenzo, 21, of Muntz Road in Valley City, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for September 7.

Tracie Lusk, 47, of Takacs Drive in Wadsworth, pleaded not guilty to one count of Theft of a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for August 31.

John McMackin, 34, of Arizona, pleaded not guilty to one count of Obstructing Justice, a third-degree felony. A jury trial is scheduled for September 6.

David Plute, 46, of West Park Boulevard in Medina, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for September 12.

Judge Collier's Criminal Docket for July 5, 2011

2011-07-20T10:24:00.001-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Collier's court for criminal cases on July 5, 2011:

Dennis Agnes, 41, of Sneider Road NW in Canton, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Failure to Comply with a Police Officer, a third-degree felony. His driver’s license was suspended for life.

Martsin Prokopovich, 20, of New Jersey, was sentenced to three years of community control sanctions on one count of Vandalism, a fifth-degree felony.

Paul Smith, 32, of Sweetwater Drive in Wadsworth, was sentenced to 11 months in prison on one count of Trafficking in Cocaine and one count of Trafficking in Marijuana, both of which are fifth-degree felonies. His driver’s license was suspended for six months.

Ronald Graves, 48, of Lodi Road in Lodi, pleaded guilty to two counts of Burglary, one of which is a second-degree felony and one of which is a fourth-degree felony. Both charges carry a forfeiture specification. Sentencing is scheduled for August 15.

Timothy Sinclair, 29, of Granger Road in Medina, pleaded not guilty to one count of Trafficking in Marijuana, a fifth-degree felony. A jury trial is scheduled for September 7.

Elijah White, 30, of Township Road 150 in Sullivan, pleaded guilty to one count of Possession of Marijuana, a fifth-degree felony. Sentencing is scheduled for August 15.

HB 86 & Risk Reduction Sentences

2011-07-20T04:41:00.000-07:00

HB 86 contains a new section, R.C. 2929.143, that creates what is known as a risk reduction sentence. The section reads as follows:

Sec. 2929.143. (A) When a court sentences an offender who is convicted of a felony to a term of incarceration in a state correctional institution, the court may recommend that the offender serve a risk reduction sentence under section 5120.036 of the Revised Code if the court determines that a risk reduction sentence is appropriate, and all of the following apply:

(1) The offense for which the offender is being sentenced is not aggravated murder, murder, complicity in committing aggravated murder or murder, an offense of violence that is a felony of the first or second degree, a sexually oriented offense, or an attempt or conspiracy to commit or complicity in committing any offense otherwise identified in this division if the attempt, conspiracy, or complicity is a felony of the first or second degree.

(2) The offender's sentence to the term of incarceration does not consist solely of one or more mandatory prison terms.

(3) The offender agrees to cooperate with an assessment of the offender's needs and risk of reoffending that the department of rehabilitation and correction conducts under section 5120.036 of the Revised Code.

(4) The offender agrees to participate in any programming or treatment that the department of rehabilitation and correction orders to address any issues raised in the assessment described in division (A)(3) of this section.

(B) An offender who is serving a risk reduction sentence is not entitled to any earned credit under section 2967.193 of the Revised Code.

Note that definition of a "risk reduction sentence" refers to another section of the ORC, Sec. 5120.036. That section reads as follows:

Sec. 5120.036. (A) The department of rehabilitation and correction shall provide risk reduction programming and treatment for inmates whom a court under section 2929.143 of the Revised Code recommends serve a risk reduction sentence and who meet the eligibility criteria described in division (B) of this section.

(B) If an offender is sentenced to a term of imprisonment in a state correctional institution and the sentencing court recommended that the offender serve a risk reduction sentence, the department of rehabilitation and correction shall conduct a validated and objective assessment of the person's needs and risk of reoffending. If the offender cooperates with the risk assessment and agrees to participate in any programming or treatment ordered by the department, the department shall provide programming and treatment to the offender to address the risks and needs identified in the assessment.

(C) If the department determines that an offender serving a term of incarceration for whom the sentencing court recommended a risk reduction sentence under section 2929.143 of the Revised Code has successfully completed the assessment and treatment or programming required by the department under division (B) of this section, the department shall release the offender to supervised release after the offender has served each mandatory prison term to which the offender was sentenced, if any, and a minimum of eighty per cent of the aggregated nonmandatory prison terms to which the offender was sentenced. No mandatory prison term shall be reduced by, or as a result of, an offender's service of a risk reduction sentence. The department shall notify the sentencing court that the offender has successfully completed the terms of the risk reduction sentence at least thirty days prior to the date upon which the offender is to be released.

(D) As used in this section:

(1) "Mandatory prison term" has the same meaning as in section 2929.01 of the Revised Code.

(2) "Nonmandatory prison term" means a prison term that is not a mandatory prison term.

As a result of these two new sections, a eligible prisoner can get his or her sentence reduced by 20%. Consequently a two year prison sentence would be reduced to a 19.2 month prison sentence.

New Fifth Degree Cocaine Trafficking Law

2011-07-18T05:16:00.000-07:00

HB 86 creates a new fifth degree felony of trafficking in cocaine in an amount less than five grams. HB 86 also equalizes the penalties for both crack and regular cocaine, in essence taking that cocaine is cocaine and that its form should not dictate the possible penalty. The pertinent part of the HB 86 appears below:

(4) If the drug involved in the violation is cocaine or a compound, mixture, preparation, or substance containing cocaine, whoever violates division (A) of this section is guilty of trafficking in cocaine. The penalty for the offense shall be determined as follows:

(a) Except as otherwise provided in division (C)(4)(b), (c), (d), (e), (f), or (g) of this section, trafficking in cocaine is a felony of the fifth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.

(b) Except as otherwise provided in division (C)(4)(c), (d), (e), (f), or (g) of this section, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.

(c) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds five grams but is less than ten grams of cocaine, trafficking in cocaine is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term for the offense. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the third degree, and there is a presumption for a prison term for the offense.

(d) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds ten grams but is less than twenty grams of cocaine , trafficking in cocaine is a felony of the third degree, and, except as otherwise provided in this division, there is a presumption for a prison term for the offense. If trafficking in cocaine is a felony of the third degree under this division and if the offender two or more times previously has been convicted of or pleaded guilty to a felony drug abuse offense, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the second degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree.

(e) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds twenty grams but is less than twenty-seven grams of cocaine , trafficking in cocaine is a felony of the second degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the first degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree.

(f) If the amount of the drug involved equals or exceeds twenty-seven grams but is less than one thousand hundred grams of cocaine and regardless of whether the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the first degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree.

(g) If the amount of the drug involved equals or exceeds one hundred grams of cocaine and regardless of whether the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the first degree.

Editor's Note: Thanks to Samir Hadeed, Esq. of the Ohio Association of Criminal Defense Lawyers for sending out an email calling attention to the new language.

Department of Rehabilitation and Correction May Move for Judicial Release

2011-07-10T15:35:00.000-07:00

One of the new additions to the Ohio Revised Code by the passage of HB 86 is found in R.C. 2967.19. This section is a new section that gives the Director of the Department of Rehabilitation and Correction the power to petition a sentencing court for judicial release for certain offenders in the Department's custody. The law applies to an "eligible offender", as that term is defined in the statute, who is sentenced to prison for one year or more and who has completed 80% of his or her sentence. The new code section appears below:

Sec. 2967.19.

(A) As used in this section:

(1) "Deadly weapon" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised.

(2) "Disqualifying prison term" means any of the following:

(a) A prison term imposed for aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, felonious assault, kidnapping, rape, aggravated arson, aggravated burglary, or aggravated robbery;

(b) A prison term imposed for complicity in, an attempt to commit, or conspiracy to commit any offense listed in division (A)(2)(a) of this section;

(c) A prison term of life imprisonment, including any term of life imprisonment that has parole eligibility;

(d) A prison term imposed for any felony other than carrying a concealed weapon an essential element of which is any conduct or failure to act expressly involving any deadly weapon or dangerous ordnance;

(e) A prison term imposed for any violation of section 2925.03 of the Revised Code that is a felony of the first or second degree;

(f) A prison term imposed for engaging in a pattern of corrupt activity in violation of section 2923.32 of the Revised Code;

(g) A prison term imposed pursuant to section 2971.03 of the Revised Code;

(h) A prison term imposed for any sexually oriented offense.

(3) "Eligible prison term" means any prison term that is not a disqualifying prison term and is not a restricting prison term.

(4) "Restricting prison term" means any of the following:

(a) A mandatory prison term imposed under division (D)(1)(a), (D)(1)(c), (D)(1)(f), (D)(1)(g), (D)(2), or (D)(7) of section 2929.14 of the Revised Code for a specification of the type described in that division;

(b) In the case of an offender who has been sentenced to a mandatory prison term for a specification of the type described in division (A)(4)(a) of this section, the prison term imposed for the felony offense for which the specification was stated at the end of the body of the indictment, count in the indictment, or information charging the offense;

(c) A prison term imposed for trafficking in persons;

(d) A prison term imposed for any offense that is described in division (A)(4)(d)(i) of this section if division (A)(4)(d)(ii) of this section applies to the offender:

(i) The offense is a felony of the first or second degree that is an offense of violence and that is not described in division (A)(2)(a) or (b) of this section, an attempt to commit a felony of the first or second degree that is an offense of violence and that is not described in division (A)(2)(a) or (b) of this section if the attempt is a felony of the first or second degree, or an offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to any other offense described in this division.

(ii) The offender previously was convicted of or pleaded guilty to any offense listed in division (A)(2) or (A)(4)(d)(i) of this section.

(5) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.

(B) The director of rehabilitation and correction may petition the sentencing court for the release from prison of any offender confined in a state correctional institution under a stated prison term of one year or more who is eligible under division (C) of this section for a release under this section and who has served at least eighty per cent of that stated prison term that remains to be served after the offender becomes eligible as described in that division. If the director wishes to submit a petition for release under this section, the director shall submit the petition not earlier than ninety days prior to the date on which the offender has served eighty per cent of the offender's stated prison term that remains to be served after the offender becomes eligible as described in division (C) of this section. The director's submission of a petition for release under this section constitutes a recommendation by the director that the court strongly consider release of the offender consistent with the purposes and principles of sentencing set forth in sections 2929.11 and 2929.13 of the Revised Code.

(C)(1) An offender serving a stated prison term of one year or more and who has commenced service of that stated prison term becomes eligible for release from prison under this section only as described in this division. An offender serving a stated prison term that includes a disqualifying prison term is not eligible for release from prison under this section. An offender serving a stated prison term that consists solely of one or more restricting prison terms is not eligible for release under this section. An offender serving a stated prison term of one year or more that includes one or more restricting prison terms and one or more eligible prison terms becomes eligible for release under this section after having fully served each restricting prison term. An offender serving a stated prison term that consists solely of one or more eligible prison terms becomes eligible for release under this section upon the offender's commencement of service of that stated prison term. After an offender becomes eligible for release under this section, the director of rehabilitation and correction may petition for the release of the offender under division (C)(2) of this section no earlier than ninety days before the offender has served the portion of the offender's stated prison term specified in that division. For purposes of determining an offender's eligibility for release under this section, if the offender's stated prison term includes consecutive prison terms, any restricting prison terms shall be deemed served prior to any eligible prison terms that run consecutively to the restricting prison terms, and the eligible prison terms are deemed to commence after all of the restricting prison terms have been fully served.

An offender serving a stated prison term one one year or more that includes a mandatory prison term that is not a disqualifying prison term and is not a restricting prison term is not automatically ineligible as a result of the offender's service of that mandatory term for release from prison under this section, and the offender's eligibility for release from prison under this section is determined in accordance with this division.

(2) If an offender confined in a state correctional institution under a stated prison term is eligible for release under this section as described in division (C)(1) of this section, the director of rehabilitation and correction may petition the sentencing court pursuant to division (B) of this section for the release from prison of the offender.

(D) The director shall include with any petition submitted to the sentencing court under this section an institutional summary report that covers the offender's participation while confined in a state correctional institution in school, training, work, treatment, and other rehabilitative activities and any disciplinary action taken against the offender while so confined. The director shall include with the petition a post-release control assessment and placement plan, when relevant, and any other documentation requested by the court, if available.

(E) When the director submits a petition under this section for release of an offender, the department promptly shall provide to the prosecuting attorney of the county in which the offender was indicted a copy of the petition, a copy of the institutional summary report, and any other information provided to the court. The department also promptly shall give notice of the filing of the petition to any victim of the offender or victim's representative of any victim of the offender who is registered with the office of victim's services.

The department also shall post notice of the petition on the database it maintains under section 5120.66 of the Revised Code and include information on where a person may send comments regarding the petition.

(F) Upon receipt of a petition for release of an offender submitted by the director under this section, the court may deny the petition without a hearing. The court shall not grant a petition for release of an offender without a hearing. If a court denies a petition for release of an offender without a hearing, the court may later consider release of that offender on a subsequent petition. The court shall enter its ruling within thirty days after the petition is filed.

(G) If the court grants a hearing on a petition for release of an offender submitted under this section, the court shall notify the head of the state correctional institution in which the offender is confined of the hearing prior to the hearing. If the court makes a journal entry ordering the offender to be conveyed to the hearing, except as otherwise provided in this division, the head of the correctional institution shall deliver the offender to the sheriff of the county in which the hearing is to be held, and the sheriff shall convey the offender to and from the hearing. Upon the court's own motion or the motion of the offender or the prosecuting attorney of the county in which the offender was indicted, the court may permit the offender to appear at the hearing by video conferencing equipment if equipment of that nature is available and compatible.

Upon receipt of notice from a court of a hearing on the release of an offender under this division, the head of the state correctional institution in which the offender is confined immediately shall notify the appropriate person at the department of rehabilitation and correction of the hearing, and the department within twenty-four hours after receipt of the notice shall post on the database it maintains pursuant to section 5120.66 of the Revised Code the offender's name and all of the information specified in division (A)(1)(c)(i) of that section. If the court grants a hearing on a petition for release of an offender under this section, the court promptly shall give notice of the hearing to the prosecuting attorney of the county in which the offender was indicted. Upon receipt of the notice from the court, the prosecuting attorney shall notify pursuant to section 2930.16 of the Revised Code any victim of the offender or the victim's representative of the hearing.

(H) If the court grants a hearing on a petition for release of an offender under this section, at the hearing, the court shall afford the offender and the offender's attorney an opportunity to present written information and, if present, oral information relevant to the motion. The court shall afford a similar opportunity to the prosecuting attorney, victim or victim's representative, as defined in section 2930.01 of the Revised Code, and any other person the court determines is likely to present additional relevant information. If the court pursuant to division (G) of this section permits the offender to appear at the hearing by video conferencing equipment, the offender's opportunity to present oral information shall be as a part of the video conferencing. The court shall consider any statement of a victim made under section 2930.14 or 2930.17 of the Revised Code, any victim impact statement prepared under 2947.051 of the Revised Code, and any report, plan, and other documentation submitted by the director under division (D) of this section. After ruling on the motion, the court shall notify the victim in accordance with sections 2930.03 and 2930.16 of the Revised Code.

(I) If the court grants a petition for release of an offender under this section, it shall order the release of the offender, shall place the offender under one or more appropriate community control sanctions, under appropriate conditions, and under the supervision of the department of probation that serves the court, and shall reserve the right to reimpose the sentence that it reduced and from which the offender was released if the offender violates the sanction. The court shall not make a release under this section effective prior to the date on which the offender has served at least eighty per cent of the offender's stated prison term that remains to be served after the offender becomes eligible as described in division (C) of this section. If the sentence under which the offender is confined in a state correctional institution and from which the offender is being released was imposed for a felony of the first or second degree, the court shall consider ordering that the offender be monitored by means of a global positioning device. If the court reimposes the sentence that it reduced and from which the offender was released and if the violation of the sanction is a new offense, the court may order that the reimposed sentence be served either concurrently with, or consecutive to, any new sentence imposed upon the offender as a result of the violation that is a new offense. The period of all community control sanctions imposed under this division shall not exceed five years. The court, in its discretion, may reduce the period of community control sanctions by the amount of time the offender spent in jail or prison for the offense.

If the court grants a petition for release of an offender under this section, it shall notify the appropriate person at the department of rehabilitation and correction of the release, and the department shall post notice of the release on the database it maintains pursuant to section 5120.66 of the Revised Code.

(J) The department shall adopt under Chapter 119. of the Revised Code any rules necessary to implement this section.

New R.C. 2929.13 & Community Control Sanctions

2011-07-08T07:52:00.000-07:00

Below are the revisions to R.C. 2929.13 that deal with the imposition of community control sanctions. The way I read the revised statute, there are certain cases in which a sentencing court must impose a community control sanction. It should be kept in mind, however, that the term "community control sanction" can mean either a non-residential community control sanction or a residential community control sanction, as well as a financial sanction.

Some attorneys have gotten into the habit of using the term only if they are talking about non-residential community control sanctions, and then using the term "jail sentence" or "cbcf" to refer to the imposition of residential community control sanctions. As pointed out above, a jail sentence or a sentence to a community based correctional facility are both "residential community control" sanctions. Therefore a judge would be allowed to sentence a defendant to such sanctions, even on a first felony.

The revisions that deal with community control sanctions appear below:

(B)(1)(a) Except as provided in division (B)(1)(b) of this section, if an offender is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence, the court shall sentence the offender to a community control sanction of at least one year's duration if all of the following apply:

(i) The offender previously has not been convicted of or pleaded guilty to a felony offense or to an offense of violence that is a misdemeanor and that the offender committed within two years prior to the offense for which sentence is being imposed.

(ii) The most serious charge against the offender at the time of sentencing is a felony of the fourth or fifth degree.

(iii) If the court made a request of the department of rehabilitation and correction pursuant to division (B)(1)(c) of this section, the department, within the forty-five-day period specified in that division, provided the court with the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court.

(b) The court has discretion to impose a prison term upon an offender who is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence if any of the following apply:

(i) The offender committed the offense while having a firearm on or about the offender's person or under the offender's control.

(ii) The offender caused physical harm to another person while committing the offense.

(iii) The offender violated a term of the conditions of bond as set by the court.

(iv) The court made a request of the department of rehabilitation and correction pursuant to division (B)(1)(c) of this section, and the department, within the forty-five-day period specified in that division, did not provide the court with the name of, contact information for, and program details of any community control sanction of at least one year's duration that is available for persons sentenced by the court.

(c) If a court that is sentencing an offender who is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence believes that no community control sanctions are available for its use that, if imposed on the offender, will adequately fulfill the overriding principles and purposes of sentencing, the court shall contact the department of rehabilitation and correction and ask the department to provide the court with the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court. Not later than forty-five days after receipt of a request from a court under this division, the department shall provide the court with the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court, if any. Upon making a request under this division that relates to a particular offender, a court shall defer sentencing of that offender until it receives from the department the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court or for forty-five days, whichever is the earlier.
If the department provides the court with the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court within the forty-five-day period specified in this division, the court shall impose upon the offender a community control sanction under division (B)(1)(a) of this section, subject to divisions (B)(1)(b)(i) and (ii) of this section. If the department does not provide the court with the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court within the forty-five-day period specified in this division, the court may impose upon the offender a prison term under division (B)(1)(b)(iii) of this section.

(d) A sentencing court may impose an additional penalty under division (B) of section 2929.15 of the Revised Code upon an offender sentenced to a community control sanction under division (B)(1)(a) of this section if the offender violates the conditions of the community control sanction, violates a law, or leaves the state without the permission of the court or the offender's probation officer.
(2) If division (B)(1) of this section does not apply, except as provided in division (B)(2)(3), (E), (F), or (G) of this section, in sentencing an offender for a felony of the fourth or fifth degree, the sentencing court shall determine whether any of the following apply:

(a) In committing the offense, the offender caused physical harm to a person.

(b) In committing the offense, the offender attempted to cause or made an actual threat of physical harm to a person with a deadly weapon.

(c) In committing the offense, the offender attempted to cause or made an actual threat of physical harm to a person, and the offender previously was convicted of an offense that caused physical harm to a person.

(d) The offender held a public office or position of trust and the offense related to that office or position; the offender's position obliged the offender to prevent the offense or to bring those committing it to justice; or the offender's professional reputation or position facilitated the offense or was likely to influence the future conduct of others.

(e) The offender committed the offense for hire or as part of an organized criminal activity.

(f) The offense is a sex offense that is a fourth or fifth degree felony violation of section 2907.03, 2907.04, 2907.05, 2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the Revised Code.

(g) The offender at the time of the offense was serving, or the offender previously had served, a prison term.

(h) The offender committed the offense while under a community control sanction, while on probation, or while released from custody on a bond or personal recognizance.

(i) The offender committed the offense while in possession of a firearm.
(2)(3)(a) If the court makes a finding described in division (B)(1)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this section and if the court, after considering the factors set forth in section 2929.12 of the Revised Code, finds that a prison term is consistent with the purposes and principles of sentencing set forth in section 2929.11 of the Revised Code and finds that the offender is not amenable to an available community control sanction, the court shall impose a prison term upon the offender.

(b) Except as provided in division (E), (F), or (G) of this section, if the court does not make a finding described in division (B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this section and if the court, after considering the factors set forth in section 2929.12 of the Revised Code, finds that a community control sanction or combination of community control sanctions is consistent with the purposes and principles of sentencing set forth in section 2929.11 of the Revised Code, the court shall impose a community control sanction or combination of community control sanctions upon the offender.

New Appellate Rules of Procedure

2011-07-07T08:16:00.000-07:00

Amendments to Rules 4, 9, 21, 25 and 26 of the Ohio Rules of Appellate Procedure have gone into effect as of July 1, 2011:

App. R. 4 clarifies the finality of a judgment in a dental, medical, optometric, or chiropractic claim when there has been a motion for attorney’s fees. The amendments also clarify the procedure to be followed when a notice of appeal is filed before the disposition of all post-trial motions.

App. R. 9 requires that a written transcript be the official record on appeal and that any electronic recording must be transcribed by a court-appointed reporter. Revisions emphasize that the trial court has the discretion to use anyone to transcribe the proceedings but continues to note that a stenographic reporter who was present for the proceedings is always acceptable.

App. R. 21 sets oral arguments in appeals courts automatically for most cases unless a local rule requires a party to request it.

App. R. 25 requires that a motion to certify an inter-district conflict is due within 10 days of the clerk’s service of the judgment or order first creating the conflict. Amendments also clarify that any subsequent appeal lies in the Supreme Court and that a motion to certify a conflict does not extend the time to file an appeal with the Supreme Court.

App. R. 26 specifically acknowledges that an appeals court can sua sponte order en banc consideration, which occurs when all the sitting judges of the district consider a matter that was heard by a three-judge panel.

New Intervention in Lieu Statute, R.C. 2951.041

2011-07-05T13:06:00.001-07:00

Below is what I believe to be the version of R.C. 2951.041 that is contained in HB 86 which was signed by the Governor last week. I obtained this version from the website of the Ohio State Government, www.ohio.gov. I took out the language that was removed from R.C. 2951.041 and have put the language in italics.

Sec. 2951.041. (A)(1) If an offender is charged with a criminal offense, (G2913.31, or 2919.21 of the Revised Code, and the court has reason to believe that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged or that, at the time of committing that offense, the offender had a mental illness or was a person with intellectual disability and that the mental illness or status as a person with intellectual disability was a factor leading to the offender's criminal behavior, the court may accept, prior to the entry of a guilty plea, the offender's request for intervention in lieu of conviction. The request shall include a statement from the offender as to whether the offender is alleging that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged or is alleging that, at the time of committing that offense, the offender had a mental illness or was a person with intellectual disability and that the mental illness or status as a person with intellectual disability was a factor leading to the criminal offense with which the offender is charged. The request also shall include a waiver of the defendant's right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the offender, and arraignment, unless the hearing, indictment, or arraignment has already occurred. The court may reject an offender's request without a hearing. If the court elects to consider an offender's request, the court shall conduct a hearing to determine whether the offender is eligible under this section for intervention in lieu of conviction and shall stay all criminal proceedings pending the outcome of the hearing. If the court schedules a hearing, the court shall order an assessment of the offender for the purpose of determining the offender's eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan.

If the offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court may order that the offender be assessed by a program certified pursuant to section 3793.06 of the Revised Code or a properly credentialed professional for the purpose of determining the offender's eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan. The program or the properly credentialed professional shall provide a written assessment of the offender to the court.

(2) The victim notification provisions of division (C) of section 2930.08 of the Revised Code apply in relation to any hearing held under division (A)(1) of this section.

(B) An offender is eligible for intervention in lieu of conviction if the court finds all of the following:

(1) The offender previously has not been convicted of or pleaded guilty to a felony offense of violence or previously has been convicted of or pleaded guilty to any felony that is not an offense of violence and the prosecuting attorney recommends that the offender be found eligible for participation in intervention in lieu of treatment under this section, previously has not been through intervention in lieu of conviction under this section or any similar regimen, and is charged with a felony for which the court, upon conviction, would impose sentence under division (B)(2)(b) of section 2929.13 of the Revised Code or with a misdemeanor.

(2) The offense is not a felony of the first, second, or third degree, is not an offense of violence, is not a violation of division (A)(1) or (2) of section 2903.06 of the Revised Code, is not a violation of division (A)(1) of section 2903.08 of the Revised Code, is not a violation of division (A) of section 4511.19 of the Revised Code or a municipal ordinance that is substantially similar to that division, and is not an offense for which a sentencing court is required to impose a mandatory prison term, a mandatory term of local incarceration, or a mandatory term of imprisonment in a jail.

(3) The offender is not charged with a violation of section 2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged with a violation of section 2925.03 of the Revised Code that is a felony of the first, second, third, or fourth degree,and is not charged with a violation of section 2925.11 of the Revised Code that is a felony of the first, second, or third degree.

(4) If an offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court has ordered that the offender be assessed by , a program certified pursuant to section 3793.06 of the Revised Code, or a properly credentialed professional for the purpose of determining the offender's eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan, the offender has been assessed by a program of that nature or a properly credentialed professional in accordance with the court's order, and the program or properly credentialed professional has filed the written assessment of the offender with the court.

(5) If an offender alleges that, at the time of committing the criminal offense with which the offender is charged, the offender had a mental illness or was a person with intellectual disability and that the mental illness or status as a person with intellectual disability was a factor leading to that offense, the offender has been assessed by a psychiatrist, psychologist, independent social worker, or professional clinical counselor for the purpose of determining the offender's eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan.

(6) The offender's drug or usage, alcohol usage, mental illness, or intellectual disability, whichever is applicable, was a factor leading to the criminal offense with which the offender is charged, intervention in lieu of conviction would not demean the seriousness of the offense, and intervention would substantially reduce the likelihood of any future criminal activity.

(7) The alleged victim of the offense was not sixty-five years of age or older, permanently and totally disabled, under thirteen years of age, or a peace officer engaged in the officer's official duties at the time of the alleged offense.

(8) If the offender is charged with a violation of section 2925.24 of the Revised Code, the alleged violation did not result in physical harm to any person, and the offender previously has not been treated for drug abuse.

(9) The offender is willing to comply with all terms and conditions imposed by the court pursuant to division (D) of this section.

(C) At the conclusion of a hearing held pursuant to division (A) of this section, the court shall enter its determination as to whether the offender is eligible for intervention in lieu of conviction and as to whether to grant the offender's request. If the court finds under division (B) of this section that the offender is eligible for intervention in lieu of conviction and grants the offender's request, the court shall accept the offender's plea of guilty and waiver of the defendant's right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the offender, and arraignment, unless the hearing, indictment, or arraignment has already occurred. In addition, the court then may stay all criminal proceedings and order the offender to comply with all terms and conditions imposed by the court pursuant to division (D) of this section. If the court finds that the offender is not eligible or does not grant the offender's request, the criminal proceedings against the offender shall proceed as if the offender's request for intervention in lieu of conviction had not been made.

(D) If the court grants an offender's request for intervention in lieu of conviction, the court shall place the offender under the general control and supervision of the county probation department, the adult parole authority, or another appropriate local probation or court services agency, if one exists, as if the offender was subject to a community control sanction imposed under section 2929.15, 2929.18, or 2929.25 of the Revised Code. The court shall establish an intervention plan for the offender. The terms and conditions of the intervention plan shall require the offender, for at least one year from the date on which the court grants the order of intervention in lieu of conviction, to abstain from the use of illegal drugs and alcohol, to participate in treatment and recovery support services, and to submit to regular random testing for drug and alcohol use and may include any other treatment terms and conditions, or terms and conditions similar to community control sanctions, which may include community service or restitution, that are ordered by the court.

(E) If the court grants an offender's request for intervention in lieu of conviction and the court finds that the offender has successfully completed the intervention plan for the offender, including the requirement that the offender abstain from using illegal drugs and alcohol for a period of at least one year from the date on which the court granted the order of intervention in lieu of conviction, the requirement that the offender participate in treatment and recovery support services, and all other terms and conditions ordered by the court, the court shall dismiss the proceedings against the offender. Successful completion of the intervention plan and period of abstinence under this section shall be without adjudication of guilt and is not a criminal conviction for purposes of any disqualification or disability imposed by law and upon conviction of a crime, and the court may order the sealing of records related to the offense in question in the manner provided in sections 2953.31 to 2953.36 of the Revised Code.

(F) If the court grants an offender's request for intervention in lieu of conviction and the offender fails to comply with any term or condition imposed as part of the intervention plan for the offender, the supervising authority for the offender promptly shall advise the court of this failure, and the court shall hold a hearing to determine whether the offender failed to comply with any term or condition imposed as part of the plan. If the court determines that the offender has failed to comply with any of those terms and conditions, it shall enter a finding of guilty and shall impose an appropriate sanction under Chapter 2929. of the Revised Code. If the court sentences the offender to a prison term, the court, after consulting with the department of rehabilitation and correction regarding the availability of services, may order continued court-supervised activity and treatment of the offender during the prison term and, upon consideration of reports received from the department concerning the offender's progress in the program of activity and treatment, may consider judicial release under section 2929.20 of the Revised Code.

(G) As used in this section:

(1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.

(2) "Intervention in lieu of conviction" means any court-supervised activity that complies with this section.

(3) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.

(4) "Mental illness" and "psychiatrist" have the same meanings as in section 5122.01 of the Revised Code.

(5) "Person with intellectual disability" means a person having significantly subaverage general intellectual functioning existing concurrently with deficiencies in adaptive behavior, manifested during the developmental period.

(6) "Psychologist" has the same meaning as in section 4732.01 of the Revised Code.

(H) Whenever the term "mentally retarded person" is used in any statute, rule, contract, grant, or other document, the reference shall be deemed to include a "person with intellectual disability," as defined in this section.

Judge Collier's Criminal Docket for June 20, 2011

2011-07-02T06:12:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Collier's criminal docket on June 20, 2011:

April Alford, 35, of Oak Street in Medina, was sentenced to one year in prison for a probation violation on two original charges of Possession of Drugs, both of which are fifth-degree felonies.

Robin Moore, 39, of Whitehall Drive in Berea, was sentenced to two years of community control sanctions, with 180 days in jail, on one count of Theft of Credit Cards, a fifth-degree felony.

Mary Moser, 37, of Main Street in Wadsworth, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Burglary, a fourth-degree felony. Her driver’s license was suspended for six months.

Julio Bermudez, 22, of Denver Avenue in Lorain, pleaded not guilty to one count of Forgery, a fifth-degree felony. A jury trial is scheduled for September 14.

Tyler Carr, 27, of Highview Drive in Wadsworth, pleaded not guilty to two counts of Trafficking in Heroin, both of which are fifth-degree felonies. A jury trial is scheduled for August 17.

Edwin Good, 31, of Big Injun Trail in Chippewa Lake, pleaded no contest to one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony. Sentencing is scheduled for August 1.

Anthony Hall, 20, of Manchester Drive in Brunswick, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for September 21.

Loretta Lowery-Chrise, 40, of Lafayette Road in Medina, pleaded guilty to one count of Trafficking in Marijuana, a fifth-degree felony. Sentencing is scheduled for August 1.

Matthew Morris, 20, of East Woodlawn Avenue in Muncie, pleaded not guilty to one count of Rape, a first-degree felony. A jury trial is scheduled for August 17. He remains in jail on $100,000 bond.

Judge Kimbler Criminal Sentences for June 30, 2011

2011-07-02T06:10:00.001-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people were sentenced by Judge James Kimbler on June 30, 2011:

Shannon James, 25, of Alameda Avenue in Cuyahoga Falls, was sentenced to one year in prison on one count of Possession of Cocaine, a fifth-degree felony.

Shelby McGhee, 33, of Jacobs Road in Youngstown, was sentenced to two years of community control sanctions on one count of Possession of Marijuana, a fifth-degree felony.

Rik Rocco, 26, of Stone Road in Medina, was sentenced to three years of community control sanctions on two counts of Trafficking in Drugs within the Vicinity of a School or Juvenile, both of which are third-degree felonies.

Matthew Tatro, 21, of Front Street in Berea, was sentenced to three years of community control sanctions on two counts of Unlawful Sexual Conduct with a Minor, both of which are fourth-degree felonies. He also was labeled a Tier I Sex Offender.

James Thigpen, 35, of Pine Needle Drive in Seville, was sentenced to five years of community control sanctions on one count of Menacing by Stalking, a fourth-degree felony and one count of Violation of a Protection Order, a fifth-degree felony.

Judge Collier's Criminal Docket for June 27, 2011

2011-07-02T06:06:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Collier's court June 27, 2011 for criminal cases:

Christopher Bates, 25, of Abelwhite Avenue in Cleveland, was sentenced to one year in prison on one count of Domestic Violence, a fourth-degree felony.

Anthony Colapietro, 44, of Wedgewood Drive in Medina, was sentenced to five years of community control sanctions on one count of Contaminating a Substance for Human Consumption, a fourth-degree felony.

Jermaine Jackson, 40, of Woodhill Road in Cleveland, was sentenced to six months in prison on one count of Trafficking in Cocaine, a fifth-degree felony. His driver’s license was suspended for six months.

Sarah Kafantaris, 23, of Manhattan Drive in Brunswick, was sentenced to 180 days in jail for a probation violation on an original charge of Possession of Drugs, a fifth-degree felony.

Ashley Krettler, 23, of Stone Road in Litchfield, was sentenced to 30 days in jail for a probation violation on an original charge of Forgery, a fifth-degree felony.

Chastin McLeod, 22, of Abbeyville Road in Medina, was sentenced to 90 days in jail for a probation violation on two original charges of Trafficking in Marijuana, both of which are fifth-degree felonies.

Vincent Milczewski, 25, of Behrwald Avenue in Old Brooklyn, was sentenced to 30 days in jail for a probation violation on an original charge of Burglary, a third-degree felony.

David Alley, 51, of Fay Drive in Wadsworth, pleaded guilty and was sentenced to two years in prison on 19 counts of Pandering Sexual Matter Involving a Minor, 12 of which are second-degree felonies and seven of which are fourth-degree felonies. He was labeled a Tier II Sex Offender.

John Brown, 59, of Crossview Road in Seven Hills, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 29.

Stephen Dowdy, 24, of Chestnut Street in Sterling, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 29.

Michael Fergus, 41, of Remsen Road in Medina, pleaded not guilty to four counts of Forgery, all of which are fifth-degree felonies. A jury trial is scheduled for October 3.

Ross Frame, 24, of Buffham Road in Seville, pleaded not guilty to one count of Theft of a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for October 3.

Michael Knapp, 30, of Wilbanks Drive in Norton, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 29.

Gerald Massie, 33, of Dutt Road in Norton, pleaded guilty and was sentenced to one year in prison on one count of Driving Under the Influence of Drugs or Alcohol, a third-degree felony.

Joseph Nebelski, 38, of West Park in Medina, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for October 3.

Erik Sullen, 19, of Station Road in Valley City, pleaded not guilty to three counts of Trafficking in Drugs, two of which are third-degree felonies and one of which is a fourth-degree felony. A jury trial is scheduled for August 1.

Brandon S. Williams, 28, of N. Kaser Drive in Wadsworth, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for August 29.

Judge Kimbler's Criminal Sentences for June 23, 2011

2011-07-02T06:03:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people were sentenced by Judge James Kimbler on June 23, 2011:

Tammy Coates, 42, of Campbellsport Road in Ravenna, was sentenced to one year in prison on two counts of Driving Under the Influence of Drugs or Alcohol, both of which are third-degree felonies.

Kyle Hissem, 25, of Lena Lane in Cleveland, was sentenced to three years of community control sanctions on one count of Theft, a fourth-degree felony. He also was ordered to pay $2,500 in restitution to the victim.

Justin Kocisko, 25, of Sterling Station Road in Brunswick, was sentenced to three years of community control sanctions on one count of Trafficking in Marijuana, a fifth-degree felony. His driver’s license was suspended for six months.

Christine Salamon, 32, of Remsen Road in Medina, was sentenced to one year in prison on one count of Theft from the Elderly, a fifth-degree felony.

Kenneth Sherman, 54, of Andrus Street in Akron, was sentenced to a Community Based Corrections Facility on one count of Trafficking in Cocaine within the Vicinity of a School or Juvenile, a fourth-degree felony. His driver’s license was suspended for six months.

Kurt Slansky, 22, of Greenwich Road in Seville, was sentenced to two years of community control sanctions on one count of Receiving Stolen Property, a fifth-degree felony.

Judge Kimbler's Criminal Docket for June 23, 2011

2011-07-02T05:46:00.001-07:00

CRIMINAL DOCKET 6/23/2011

1) 10CR0079; CARR, TYLER C.; 1243 HIGHVIEW DR, WADSWORTH, OH 44281; 2925.11(A)(C)(6) (a) POSSESSION OF DRUGS (HEROIN) (F-5); DEFT TESTED POSITIVE FOR OPIATES (MORPHINE) ON 6/7/2011. DEFT IN CUSTODY. VIOLATION HRG SET FOR 9/1/2011.

2) 09CR0251; BLEDSOE, MAQUE R.; 2820 SHAFFER DR, CINCINNATI, OH 45211; 2923.12(A)(2) CARRYING A CONCEALED WEAPON (F-4), 2923.13(A)(3) HAVING WEAPONS UNDER DISABILITY; DEFT WAS FOUND INDIGENT, CRT APPT'D ATTY BOWERS. CRT ORDERED ARRAIGNMENT CONTINUED TO 6/30/2011 AT 8:30 AM. NO BOND - CAPIAS.

3) 10CR0214; SIDWELL, DAVID A.; 4123 LAUREL ROAD, BRUNSWICK, OH 44212; 2925.03(A)(1)(C) (2)(a) TRAF. IN DRUGS (ALPRAZOLAM) (F-5); DEF WAS FOUND INDIGENT ATTY WELLS APPT'D HRG CONTINUED TO 6/30/11 AT 8:30 AM.

4) 10CR0404; DAVIS, GARY L.; 2079 CONGRESS RD, WOOSTER, OH 44691; 2913.02(A)(3) THEFT (OVER $500) (F-5); JURY TRIAL SCHEDULED FOR 7/26/11 AT 9:00 AM.

5) 10CR0502; SIDWELL, DAVID A.; 4123 LAUREL ROAD, BRUNSWICK, OH 44212; 2911.13(B) BREAKING & ENTERING (F-5) , 2913.02(A)(1) THEFT (>$500) (F-5); DEF WAS FOUND INDIGENT ATTY WELLS APPT'D HRG ON 6/30/11 AT 8:30 AM.

6) 08CR0566; LYONS, TROY L.; 843 W. HOPOCAN, BARBERTON, OH 44203; 2925.11(A)(C)(6) (a) POSSESSION OF DRUGS (HEROIN) (F-5), 2925.11(A)(C) (1)(a) POSSESSION OF DRUGS(OXYCODONE) (F-5); UPON DEFT'S MOTION FOR BOND, HEARING SCHEDULED FOR 7/8/2011 AT 1:30 PM.

7) 09CR0206; DOTSON,MARK R.; 3495 GRAFTON RD, BRUNSWICK, OH 44212; 2925.11(A)(C)(6) (a) POSSESSION OF DRUGS (HEROIN) (F-5); DEFT WAS FOUND INDIGENT, CRT APPT'D ATTY CALLOW. CRT ORDERED THAT ARRAIGNMENT BE CONTINUED TO 6/30/2011 AT 8:30 AM.

8) 10CR0447; LEE, BARBARA A.; 673 OAK COURT, UNIT #66, LODI, OH 44254; 2925.03(A)(1)(C) (2)(a) TRAFFICKING IN DRUGS (ALPRAZOLAM) (F-5); DEF WAS FOUND INDIGENT ATTY BRUCE APPT'D HRG CONTINUED TO 6/30/11 AT 8:30 AM.

9) 10CR0411; REES, BERNADETTE; 653 W LIBERTY ST, MEDINA, OH 44256; 2925.03(A)(1)(C) (2)(a) TRAF. IN DRUGS (CODEINE) (F-5); CRT CONTINUES PV VIOLATION ARRAIGNMENT TO 6/30/2011 AT 8:30 AM.

10) 11CR0113; SHERMAN, KENNETH; 175 W MARKET ST, AKRON, OH 44309; 2925.03(A)(1)(C) (4)(b) TRAFFICKING IN DRUGS (COCAINE, SCH. II WITHIN VICINITY OF A JUVENILE) (F-4); BOND REVOKED 6-1-11. HE APPEARED IN PROB. FOR PSI UNDER THE INFLUENCE, 47 DAYS SERVED, CBCF, AFTER CBCF CASE CLOSED.

11) 11CR0062; RABB, ROBERT; 1167 HERMAN STREET, AKRON, OH 44307; 2925.03(A)(1)(C) (4)(c) TRAFFICKING IN DRUGS (CRACK COCAINE SCH. II) (F-4); NO CONTEST TO CHANGE, WAIVE PSI, 6 MOS PRISON.

12) 11CR0012; STOKES, JODI A.; 4177 SEQUOIA DRIVE, MEDINA, OH 44256; 2925.22(A) 2 CTS DECEPTION TO OBTAIN A DANGEROUS DRUG (F-5); 6/23/11 HRG ON TREATMENT IN LIEU OF CONVICTION CONTINUED TO 7/14/11 AT 8:30 AM.

13) 97CR0055; MC CLELLAND, DAVID A.; 3416 REIMER RD, NORTON, OH 44203; 2923.12(A) AND (D) CARRYING CONCEALED WEAPON (F-4); ORDER DENYING MOTION FOR EXPUNGEMENT.

14) 11CR0186; MCCUTCHAN, TARA N.; 263 E TUSCARAWAS AVE, BARBERTON, OH 44203; 2925.22(A)(B)(2) (a) 2 CTS DECEPTION TO OBTAIN A DANGEROUS DRUG (F-4); DEFT IN CRT W/ ATTY THOMAS REIN. CRT FOUND DEFT MET CRITERIA FOR IILOC. DEFT PLED GUILTY TO 2 CTS DECEPTION TO OBTAIN A DANGEROUS DRUGS 2925.22(A)(B)(2)(a) F-4. CRT MADE NO FINDINGS OF GUILT. DEFT SHALL CONTINUE TREATMENT & BE UNDER SUPERVISION OF APD FOR 3 YRS. NO DRUG/ALCOHOL USE; RANDOM DRUG TESTING AND PAY ALL COSTS.

15) 11CR0266; BROWNING, JASON D.; 40 N MAIN ST, WEST MILTON, OH 45383; 2925.11(A)(C) (4)(a) POSSESSION OF DRUGS (COCAINE) (F-5); CRT CONTINUED APPOINTMENT OF ATTY CAMPBELL; DEFT REPRESENTED BY ATTY STAIDUHAR. NOT GUILTY PLEA ENTERED. BOND CONTINUED. TRIAL SET FOR 8/23/2011 @ 9:00 AM; PRE-TRIAL SET FOR 8/16/2011 @ 8:30 AM.

16) 11CR0237; BAILEY, DANIEL D.; 248 TWP ROAD 350, SULLIVAN, OH 44880; 2903.11 FELONIOUS ASSAULT; DEF WAS FOUND INDIGENT. ATTY JAMES J MAYER III APPT'D. DEF ENTERED A PLEA OF NO CONTEST TO THE CHARGE OF THE BILL OF INFORMATION. CRT ACCEPTED DEF'S PLEA AND FOUND DEF GUILTY OF ASSAULT, 2903.13(A), M-1. BOND SET AT OR BOND. DEF REFERRED TO APD FOR PSI. SENTENCING SET FOR 7-29-11 @ 8:30 AM.

17) 11CR0250; WEHNER, ROBERT J.; 3667 RUTH DRIVE, BRUNSWICK, OH 44212; 2913.02(A)(3) THEFT (OVER $500) (F-5) 2925.11(A)(C)(4) (a) POSSESSION OF DRUGS (COCAINE) (F-5); DEFT WAS FOUND INDIGENT, CRT APPT'D ATTY SHELDON. NOT GUILTY PLEA ENTERED. BOND CONTINUED. TRIAL SET FOR 8/23/2011 @ 9:00 AM; PRE-TRIAL SET FOR 8/16/2011 @ 8:30 AM.

18) 09CR0240; PRECHTEL, REBECCA L.; 395 WEST UNION STREET APT 1, MEDINA, OH 44256; 2913.02(A)(1) THEFT (>$5,000) (F-4); DEFT WAS FOUND INDIGENT, CRT APPT'D ATTY MORRIS. CRT ORDERS CASE RECALLED ON 9/22/2011.

19) 10CR0626; REESE, DASHAWN J.; 1519 S STATE STREET 1, SYRACUSE, NY 13205; 2925.11(A)(C)(3) (c) POSSESSION OF DRUGS (MARIJUANA) (F-5) 2941.1417 AND 2981.04(A)(1) FORFEITURE SPECIFICATION; 6/23/11 HRG ON MOTION FOR TREATMENT IN LIEU OF CONVICTION CONTINUED TO 7/14/11 AT 9:00 AM.

20) 11CR0157; WINKLER, SHARON A.; 27238 BAGLEY RD, OLMSTED TWP, OH 44138; 2925.11(A)(C)(4) (a) POSSESSION OF DRUGS (COCAINE, SCH II) (F-5); DEFT IN CRT W/ ATTY MICHAEL ASH. CRT FOUND DEFT MET CRITERIA FOR IILOC. DEFT PLED GUILTY TO POSSESSION OF DRUGS 2925.11(A)(C)(4)(a) F-5. CRT MADE NO FINDINGS OF GUILT. DEFT SHALL CONTINUE TREATMENT & BE UNDER SUPERVISION OF APD FOR 3 YRS. NO DRUG/ALCOHOL USE; RANDOM DRUG TESTING AND PAY ALL COSTS.

21) 11CR0146; TOMPKINS, TROY N.; 1862 17TH STREET SW, AKRON, OH 44314; 2925.11(A) (C)(1)(a) POSSESSION OF DRUGS (METH, SCH II) (F-5); DEFT IN CRT W/ ATTY ANDREW PARKER. CRT FOUND DEFT MET CRITERIA FOR IILOC. DEFT PLED GUILTY TO POSSESSION OF DRUGS 2925.11(A)(C)(1)(a) F-5. CRT MADE NO FINDINGS OF GUILT. DEFT SHALL CONTINUE TREATMENT & BE UNDER SUPERVISION OF APD FOR 3 YRS. NO DRUG/ALCOHOL USE; RANDOM DRUG TESTING AND PAY ALL COSTS.

22) 10CR0064; ROWE, DARRAH R.; 826 COLONY COURT, WOOSTER, OH 44691; 2925.11(A)(C)(1) (a) POSSESSION OF DRUGS (OXYCODONE) (F-5), 2925.11(A)(C)(1) (a) POSSESSION OF DRUGS (MORPHINE) (F-5); DEFT WAS FOUND INDIGENT, CRT APPT'D ATTY CHRIS WELLS. 9/22/2011 AT 8:30 AM RECALL CASE.

23) 11CR0289; BOWEN, SARA N.; 6867 CENTERLINE RD, SARANAC, MI 48881; 2923.02(A) AND 2925.22(A) ATTEMPTED DECEPTION TO OBTAIN A DANGEROUS DRUG (F-5); DEFT IN CRT WITH ATTY BRUCE. NOT GUILTY PLEA ENTERED. BOND CONTINUED. TRIAL SET FOR 8/24/2011 @ 9:00 AM; PRE-TRIAL SET FOR 8/17/2011 @ 8:30 AM.

24) 11CR0084; BUCKINGHAM, GARY C.; 12846 CLEVELAND ROAD, CRESTON, OH 44217; 2925.03(A)(1)(C) (6)(c) TRAF. IN DRUGS(HEROIN)(F-4) 2925.03(A)(1)(C) (6)(d) TRAF. IN DRUGS (HEROIN) (F-3) 2925.03(A)(1)(C) (6)(c) TRAFFICKING IN DRUGS (HEROIN) (F-4); UPON DEFT'S MOTION TO WEIGH CONTRABAND, HEARING SCHEDULED FOR 7/7/2011 AT 1:30 PM. MOTIONTO WEIGH CONTRABAND FILED BY ATTY DAVID GEDROCK. DEFT IN WITH ATTY DAVID GEDROCK. NOT GUILTY PLEA ENTERED. BOND CONTINUED. TRIAL SET FOR 7/25/2011 @ 9:00 AM.

25) 11CR0074; STANEK, JASON A.; 4534 ASPEN LAKE DRIVE, BRUNSWICK, OH 44212; 2909.05(B)(1) (a) VANDALISM (F-5), 2909.05(B)(1) (b) VANDALISM (F-5); DEFT IN CRT W/ ATTY MICHAEL ASH. CRT FOUND DEFT MET CRITERIA FOR IILOC. DEFT PLED GUILTY TO VANDALISM 2909.05(B)(1)(a) F-5 AND VANDALISM 2909.05(B(1)(a) F-5. CRT MADE NO FINDINGS OF GUILT. DEFT SHALL CONTINUE TREATMENT & BE UNDER SUPERVISION OF APD FOR 3 YRS. NO DRUG/ALCOHOL USE; RANDOM DRUG TESTING AND PAY ALL COSTS.

Columbus Man Sentenced on Carrying Concealed Weapon

2011-06-30T05:17:00.000-07:00

Darnell M. Gibson of Columbus, Ohio was sentenced to community control sanctions and fined $1000.00 for Carrying a Concealed Weapon, a fourth degree felony. The offense took place on October 23, 2010. Although Mr. Gibsons' attorney filed a motion to suppress, the motion was withdrawn and Mr. Gibson entered a change of plea on March 14, 2011. Originally the sentencing hearing was set for May, but Mr. Gibson's attorney filed a motion for a continuance of the sentencing hearing which resulted in Mr. Gibson being sentenced on June 16.

Credit Card Cases in Judge Kimbler's Court

2011-06-30T05:01:00.000-07:00

Forty – seven credit card cases were filed during recent 6 month period (November 10 – April 11). In Judge Kimbler’s court, credit card cases are set for trial. At trial Plaintiff must produce monthly account statements to establish the balance prayed for in the complaint, starting from a zero balance or four years of statements, whichever is less. The statements must show the interest rate(s) charged by Plaintiff. Plaintiff must also produce a legible copy of the cardholder's agreement which was in existence when the Defendant last used the account. Plaintiff's evidence must be admissible under the rules of evidence. (must demonstrate how interest rate changed)

In the event Defendant was charged interest in excess of 25% per year before the account was charged-off, Plaintiff must calculate the balance owed on the account, excluding usurious interest. For those months Defendant was charged more than 25% per year, Plaintiff must re-calculate the balance due assuming interest at the statutory rate, i.e., 10% through June 2, 2004, 4% from June 3, 2004 through December 31, 2004, 5% for 2005, 6% for 2006, 8% for 2007, 8% for 2008 and 5% for 2009. (must recalculate interest using statutory rate)

In the event the account is no longer held by the original issuer, Plaintiff must show documentary proof of the assignment of the account to demonstrate its legal status to pursue its claim against the Defendant. (chain of ownership)
If Plaintiff fails to present admissible evidence of the account as set forth above, the Court may enter judgment in favor of Defendant because Plaintiff cannot meet its burden of proof.

Of these 47 credit card cases, 36% were dismissed prior to trial. 38% were granted judgment (the majority of these were agreed consent judgments reached at trial). 12.76% filed bankruptcy. 12.76% are still awaiting trial or service has not been made and therefore trial has not been set.

Summary of New Criminal Sentencing Bill, (HB 86)

2011-06-30T04:50:00.000-07:00

Below is a summary prepared by the Ohio Department of Rehabilitation and Correction on House Bill 86, signed by the Governor this week:

Summary of Major Provisions
House Bill 86 as Passed by the Senate
June 23, 2011

Earned Credit
• Increases from 1 to 5 days per month.
• All sex offenders excluded from any earned credit eligibility.
• Language added to exclude most Felony 1 and 2 offenders from eligibility for expanded credits.
• Includes provision requiring GPS monitoring for the first 14 days following release for offenders who earn over 60 days of credits while incarcerated.
• Caps overall earned credit at 8 percent.
• Program completion credits – 5 days earned one time on second program completion only.
• Provisions of bill will be prospective (will not apply to those currently incarcerated).

Increase in theft threshold
• Increases from $500 to $1,000 the minimum threshold to determine increased penalties (generally from a misdemeanor to a felony) for theft-related offenses and certain non-theft-related offenses.
• Increases other threshold amounts by 50% that determine other increased penalties for theft and non-theft related offenses.

Non Payment of Support
• Gives preference to sentencing non support offenders to alternative community sanctions.
• Substitute bill provides courts discretion to sentence offenders to prison when: (1) it is consistent with purposes and principles of sentencing, or (2) if offender was previously convicted of felony non support after the effective date of the amendment, and when either the offender was sentenced to a prior prison term, or was sentenced to prior community sanctions and failed to meet the conditions.

Absconding Supervision
• Authorizes the Adult Parole Authority to utilize existing sanctioning authority including potential return to prison for offenders who fail to comply with their terms of supervision.
• Creates a new penalty for the offense of “escape” involving conduct by a person under supervised release, with a reduction in penalty from current law. The language ties the penalty to the underlying crime for which the offender was originally sentenced. For offenders with an underlying offense of aggravated murder, murder, life sentence, or felony 1 or 2 offense, the penalty for escape from supervision would be a felony 4. For offenders with other less serious underlying charges, the penalty for escape from supervision would be a felony 5.

DRC Petition for 80% Release
• Allows Director of DRC to petition sentencing court for judicial release of inmate who has a stated prison term longer than one year who has served at least 80% of their sentence.
• Petition can be filed with the court up to 90 days prior to an inmate’s 80% date.
• Language in substitute bill requires DRC to supervise felony 1 and 2 offenders who are released on GPS monitoring for the remainder of their sentence.
• Permanently excludes from eligibility offenders serving time for offenses involving guns or other deadly weapons, sexually oriented offenses, and Repeat Violent Offenders (RVO).

Equalization of Crack and Powder Penalties
• Eliminates the distinction between criminal penalties for drug offenses involving crack and powder cocaine.
• Utilizes a blended sentencing approach. Raises powder penalties to the level of crack for felony 1, major drug offender possession and trafficking. Raises powder penalties for F1-F4 possession offenses, and lowers crack penalties for F1-F5 possession. Raises powder for F1-F3 trafficking offenses, and lowers crack penalties for F1-F5 crack trafficking offenses.

Treatment in Lieu of Conviction
• Expands eligibility to persons charged with specified theft and other offenses. Makes low level drug traffickers and felony 4 drug possession offenses eligible for TIL.
• Authorizes TIL for offender whose mental illness or intellectual disability contributed to their offense.
• Allows repeat offenders who have not committed a prior felony offense of violence to be considered for Treatment in Lieu.

Foster Supreme Court Decision
• Revives language to make concurrent sentences the first consideration, which was part of the law long before S.B. 2.
• Instructs judges to make findings before imposing (discretionary) consecutive terms and makes the findings specific to the offender and offenses.

Mandatory Drug Provisions
• Creates new categories and potentially shorter mandatory terms for trafficking in marihuana and hashish, and possession of hashish and marihuana.
• Based on proposal by David Diroll, Executive Director, Ohio Criminal Sentencing Commission.
• Makes other changes to mandatory felony 3 drug penalties.

Council of State Governments Justice Reinvestment in Ohio
• Bill contains language for Council on State Government (CSG) “Justice Reinvestment” recommendations

Other Provisions
• Adds provisions from Senate Bill 92, limiting Parole Board members to a total of two, six year terms, staggering terms of existing Parole Board members, and exempting chair and victim’s member from term limits. Makes changes prospective.
• Adds provisions from Senate Bill 33 codifying DRC reentry planning process.
• Adds Director of Veteran’s Services to State Agency Reentry Coalition.
• Changes membership of Parole Board required for full board hearing to majority instead of 7.
• Revises procedures for notification of victim’s and other Office of Victim Services changes.
• Remove judges from membership of a correction’s commission.
• Establishes community alternative sentencing centers.
• Defines DRC reentry centers and modifies payment rules for residential facilities.
• Modifies membership of county local corrections planning boards.

Judge Kimbler's Criminal Docket for June 16, 2011

2011-06-28T13:06:00.000-07:00

1) 11CR0291; KLEIN , DAVID W.; 5441 COLUMBIA ROAD, MEDINA, OH; 2911.11(A)(1) AGGRAVATED BURGLARY (F-1) , 2911.12(A)(4) BURGLARY (F-4); CASE IS TRANSFERRED TO COURTROOM #1

2) 11CR0303; HENDERSON , JEMIL A.; 340 SPRING BROOK DRIVE #104, MEDINA, OH; 2925.03(A)(1)(C) (3)(a) TRAFFICKING IN DRUGS (MARIJUANA) (F-5); ARRESTED: 6/15/2011

3) 11CR0292; JOHNSON , CHESTER E.; 3906 TURNBRIDGE CT #303, BRUNSWICK, OH; 2903.11(A)(1) FELONIOUS ASSAULT (F-2), 2903.11(A)(2) FELONIOUS ASSAULT (F-2), 2911.13(B) BREAKING & ENTERING (F-5); TRIAL SET FOR 8/15/2011 @ 9:00 AM

4) 11CR0197; SHIREY , JASON A.; 3906 TURNBRIDGE CT #303, BRUNSWICK, OH; 2913.11(B) PASSING BAD CHECKS (F-5); TRIAL ON AUGUST 15, 2011 AT 9:00 A.M

5) 10CR0350; ELFERS , LISA M.; 14440 PURITAS ROAD, CLEVELAND, OH; 2913.02(A)(3) THEFT (M-1), 2913.11(B) PASSING BAD CHECKS (F-5); PV HEARING CONTINUED TO 6/16/2011 AT 8:30 AM.

6) 10CR0582; GIBSON , DARNELL M.; 4622 BELVEDERE PARK, COLUMBUS, OH; 2923.12(A)(2) CARRYING A CONCEALED WEAPON (F-4); HEARING CONTINUED TO 6/16/2011 AT 8:30 AM.

7) 10CR0506; DUDGEON , DANIEL D.; 1678 SCARBOROUGH DR, BRUNSWICK, OH; 2925.11(A)(C)(1) (a) POSSESSION OF DRUGS (OXYCODONE) (F-5); TRIAL SET FOR 8/17/2011 @ 9:00 AM

8) 11CR0103; MARTIN , CURTIS J.; 6600 COLGATE, CLEVELAND, OH; 2919.25(A) DOMESTIC VIOLENCE (PRIOR) (F-4); DEF FAILED TO APPEAR 6/16/11. THE COURT ORDERS A CAPIAS TO ISSUE.

9) 11CR0281; CLARK , JASON D.; 4347 KIMMICH DR APT #2, BRUNSWICK, OH; 2913.51(A) RECEIVING STOLEN PROPERTY (FIREARM) (F-4); TRIAL SET FOR 8/9/2011 @ 9:00 AM

Wooster Man Found Not Guilty of Theft Charge

2011-06-14T06:00:00.000-07:00

Judge James L. Kimbler found Charles N. Paxton not guilty of one count of Theft from the Elderly, a fourth degree felony following a non-jury trial on Monday, June 13, 2011. The trial involved two witnesses, the alleged victim and Mr. Paxton, who testified in his own defense. The State alleged that Mr. Paxton committed Theft when he agreed to install a new floor for the victim in October of 2010 and never delivered on his promise. The State alleged that the victim paid Mr. Paxton $1200.00 for installation of the floor.

Mr. Paxton denied receiving any money from the alleged victim. He testified that he did agree to help install the floor, but that it was his son, and not himself, who entered into the agreement with the alleged victim. The son, who was recently sentenced on a Burglary charge, was not called as a witness by either the State or Mr. Paxton.

Judge Kimbler's Criminal Docket for June 9, 2011

2011-06-13T09:53:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Kimbler's court June 9, 2011 for criminal cases:

Grant Blanc, 26, of Fixler Road in Wadsworth, was sentenced to three years of community control sanctions on two counts of Trafficking in Drugs, both of which are fourth-degree felonies. His driver’s license was suspended for six months.

Joshua Bragg, 19, of Wooster Street in Lodi, was sentenced to three years of community control sanctions on one count of Trafficking in Marijuana, a fifth-degree felony.

Timothy Carson, 25, of Reeves Lane in Medina, was sentenced to one year in prison for a probation violation on an original charge of Attempted Burglary, a fourth-degree felony.

Joshua Scharfenburg, 28, of Wooster Street in Lodi, was sentenced to three years of community control sanctions on one count of Trafficking in a Counterfeit Controlled Substance, a fifth-degree felony. His driver’s license was suspended for six months.

James L. Brown Jr., 29, of Painesville, pleaded guilty to three counts of Menacing by Stalking, all of which are fourth-degree felonies. He was sentenced to six months in prison.

Richard Clark, 43, of Boston Road in Brunswick Hills, pleaded not guilty to one count of Assault on a Police Officer, a fourth-degree felony. A jury trial is scheduled for August 2.

Michael Curtis, 36, of East Liberty Street in Medina, pleaded not guilty to two counts of Trafficking in Drugs, both of which are fourth-degree felonies. A jury trial is scheduled for August 9.

Jefferson Davis, 31, of 31st Street SW in Barberton, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 8.

Ricardo Feliciano, 24, of River Street in Lodi, pleaded not guilty to one count of Receiving Stolen Property, Motor Vehicle, and one count of Theft of a Motor Vehicle, both of which are fourth-degree felonies. A jury trial is scheduled for August 3.

Laura Krakowski, 38, of Persimmons Lane in Brunswick, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 8.

Tabitha Lavender, 18, of Prospect Street in Lodi, pleaded not guilty to one count of Misuse of Credit Cards, Elderly and one count of Theft of Credit Cards, both of which are fifth-degree felonies. A jury trial is scheduled for August 10.

Kelly C. Malley, 28, of Raccoon Trail in Strongsville, pleaded not guilty to one count of Theft of a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for August 7.

Beverly Miller, 26, of Adams Street in Akron, pleaded no contest to one count of Trafficking in Cocaine, a fourth-degree felony. Sentencing is scheduled for July 23.

Allen Sams, 24, of Lucy Street in Akron, pleaded guilty to one count of Trafficking in Heroin, a fourth-degree felony. Sentencing is scheduled for July 21.

Brunswick Man Gets Less from Jury than Last Offer

2011-06-09T10:04:00.000-07:00

On Tuesday, June 7, 2011, Judge Kimbler's courtroom was the site of a jury trial in the case of Collin Willey v. Kalli Fleming. Back in November of 2007, Ms. Fleming's car struck Mr. Willey's car in the rear while he was stopped on South Carpenter Road in Brunswick. The collision caused a chain reaction and drove Mr. Willey's car into the rear of the car that was stopped in front of him. Mr. Willey claimed that he injured his back and neck and that he would eventually need to have some discs in his back fused.

While Ms. Fleming admitted that she was negligent, she disputed the amount of damages that Mr. Willey claimed he sustained. At trial Mr. Willey presented medical bills totaling over $10,000.00. A doctor called on behalf of Mr. Willey gave the opinion that a future operation to fuse the discs in his back would run between $15,000 to $50,000.

All the evidence in the trial was heard in one day. On Wednesday the jurors came back to hear closing arguments and receive the jury instructions. Following the arguments and instructions, the jury retired. The jury deliberated for approximately one hour before returning a verdict that was approximately half of the insurance company's last offer.

Westfield Man Found Guilty of GSI

2011-06-08T05:54:00.000-07:00

Michael G. Huffman of Westfield Road in Westfield Township was found guilty of one count of Gross Sexual Imposition, a fourth degree felony, by Judge James L. Kimbler on Friday, June 10. The verdict followed a non-jury trial on June 3, 2011. The indictment alleged that Mr. Huffman had sexual contact with a fifteen year old girl who was with her mother at Mr. Huffman's apartment. The victim and her mother were staying with Mr. Huffman because the electricity had been cut off to their home and they needed a place to stay.

During the trial, the victim testified that Mr. Huffman had groped her when her mother was sleeping. The victim also testified that Mr. Huffman had been drinking alcoholic beverages prior to groping her. Following the announcement of his verdict, Judge Kimbler granted the State's motion to revoke Mr. Huffman's bond. He was then remanded to the Medina County Jail pending the imposition of sentence. Judge Kimbler ordered a pre-sentence investigation. Judge Kimbler will impose sentence on July 14, 2011 at 8:30 am.

During the trial the State was represented by Assistant Medina County Prosecutor Matt Razavi. Mr. Huffman was represented by Attorneys John Celebrezze and Micheal Ash.

Judge Kimbler's Criminal Docket for June 3, 2011

2011-06-08T03:56:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Kimbler's court June 3:

Jose Borrero, 33, of Persimmon Lane in Brunswick, was sentenced to one year in prison on one count of Theft and one count of Theft of a Check, both of which are fifth-degree felonies.

Daniel Stamp, 34, of L. Street in Wadsworth, was sentenced to six months in jail on one count of Possession of Heroin, a fifth-degree felony.

Jason Ballard, 26, of Burnette Avenue in East Cleveland, pleaded not guilty to one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for August 2.

Susan Holland, 50, of 28th Street SW in Norton, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for August 3.

Jose Luis Valerio, 28, of High Street in Wadsworth, pleaded not guilty to one count of Felonious Assault, a second-degree felony. A jury trial is scheduled for August 1.

Judge Collier's Criminal Docket for June 2, 2011

2011-06-08T03:55:00.001-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court June 2:

Steven Ennis, 44, of Chippewa Road in Medina, pleaded no contest to one count of Having Weapons While Under Disability, a third-degree felony. Sentencing is scheduled for July 18.

Scott Schilero, 31, of Longacre Drive in Chippewa Lake, pleaded guilty to two counts of Illegal Processing of Drug Documents and one count of Attempted Deception to Obtain a Dangerous Drug, all of which are fourth-degree felonies. Sentencing is scheduled for July 18.

Law Talk on Jury Trials with Judge James Kimbler

2011-06-02T11:39:00.001-07:00

Judge Kimbler recently sat down with John Celebrezze of the Celebrezze-Zanghi Community Legal Education Project to discuss Ohio jury trials. Click on the link below to watch this interview:

In “The Spotlight” with Judge James L. Kimbler, Medina County Common Pleas Court

2011-06-02T10:15:00.000-07:00

By Kate Feeks

In June watch for the next episode of Law Talk, hosted by John Celebrezze. This episode features Judge James L. Kimbler of the Medina County Common Pleas Court. Judge Kimbler will discuss juries. This show can be viewed on Wadsworth Cable (WCTV) Public Access, Channel 15, Brunswick Area Television (BAT) Public Access, Channel 21, Armstrong Cable Access, Channel 37 and You Tube.

In the United States a jury consists of a sworn group of citizens that hear testimony in legal disputes and then determine the truth. The idea originated in England, with the size of a jury decided based upon a fair representation of the community.

States are free to have juries as small as six, but any number below six is considered unconstitutional. A jury with less than six members would be too small, making it an unfair representation of the community.

The essential function of a jury is to ensure that trials are resolved using common sense judgment through community participation. Not all individuals who are qualified to serve on a jury duty are necessarily required to serve. There are a number of reasons people could be excused from serving. The most common groups excluded include: doctors, firefighters, politicians, and sole caregivers of young or incompetent children or adults. People can also be excused on religious and/or ideological grounds.

While serving as a juror, a person plays an essential role in the judicial system, making it an extremely important obligation. As a juror, there are certain responsibilities required. Jurors may not conduct their own research, or allow television, radio, or newspapers to influence their decisions. Jurors are not permitted to discuss the case with family or friends, until a verdict is rendered. Jurors also cannot discuss the case amongst themselves until they deliberate, and they must base their verdict only on the facts of the case presented to them in the courtroom.

Violating any of these rules is punishable by fine and/or imprisonment, and could result in a mistrial. “There is a standard instruction in my court room that you may not do your own research, you may not go on the internet, you may not speak to another party and so on. When I explain to them that they might get information that will not give them the whole picture, or both sides of the story, they understand why it can be unfair” Kimbler explained.

To learn more about juries with Judge James Kimbler, watch for his interview with John Celebrezze on Law Talk throughout the month of June.

Reprinted with permission from www.czclep.org.

Judge Kimbler's Criminal Docket for May 26

2011-06-01T06:37:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Kimbler's court on May 26, 2011 for criminal cases:

Mason Chalmers, 23, of Old Post Road in Olmsted Falls, was sentenced to three years of community control sanctions on one count of Theft and one count of Breaking and Entering, both of which are fifth-degree felonies. He also was ordered to pay $1,450 restitution to the victim.

Gerald Kruger, 44, of Main Street in Wadsworth, was sentenced to six months in jail on one count of Domestic Violence, a fourth-degree felony.

Artice Lollis, 20, of Cleveland, was sentenced to three years of community control sanctions on one count of Trafficking in Heroin and one count of Possession of Heroin, both of which are fourth-degree felonies. His driver’s license was suspended for six months.

Susan Oliver, 41, of North Harmony Street in Medina, was sentenced to nine months in prison on one count of Driving Under the Influence of Drugs or Alcohol, a fourth-degree felony.

Duane Paxton, 28, was sentenced to six months in jail on one count of Forgery, a fifth-degree felony.

Mark Peterson, 52, of Woodridge Avenue in Akron, was sentenced to three years of community control sanctions on one count of Trafficking in Heroin, a fifth-degree felony.

Edwin Roldan, 20, of West Bergey Street in Wadsworth, was sentenced to three years of community control sanctions on one count of Attempted Unlawful Sexual Conduct with a Minor, a fifth-degree felony. He also was labeled a Tier I Sex Offender.

Nathaniel Serrano, 41, of state Rout 20 in Wakeman, was sentenced to three years of community control sanctions on one count of Failure to Give Notice of Change of Address, a third-degree felony.

Lisa Breedlove, 32, of East Homestead Street in Medina, pleaded not guilty to one count of Burglary, a second-degree felony. A jury trial is scheduled for July 25.

Nichole Fenick, 33, of Valley Drive in Medina, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for July 27.

Daniel Hodges, 38, of Kenton Lane in Brunswick Hills, pleaded not guilty to one count of Breaking and Entering, a fifth-degree felony. A jury trial is scheduled for July 28.

Shannon James, 25, of Alameda Avenue in Cuyahoga Falls, pleaded no contest to one count of Possession of Cocaine, a fifth-degree felony. Sentencing is scheduled for June 30.

Judge Collier's Criminal Docket for May 31, 2011

2011-06-01T06:35:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Collier's court on May 31, 2011 for criminal cases:

Sarah Vormelker, 27, of Bank Street in Lodi, was sentenced to five years of community control sanctions on one count of Possession of Heroin, a fifth-degree felony. Her driver’s license was suspended for six months.

David Alley, 51, of Fay Drive in Wadsworth, pleaded not guilty to 19 counts of Pandering Sexually Oriented Matter Involving a Minor, 12 of which are second-degree felonies and seven of which are fourth-degree felonies. A jury trial is scheduled for June 29. He remains in the Medina County Jail on $100,000 bond.

Roger Graham, 32,of Avon Lake Road in Lodi, pleaded guilty to one count of Child Endangering, a third-degree felony. Sentencing is scheduled for July 7.

Cassie Jones, 23, of Miner Drive in Medina, pleaded not guilty to five counts of Misuse of Credit Cards, Elderly, all of which are fifth-degree felonies. A jury trial is scheduled for August 22.

James McDonald, 48, of Deepwood Drive in Medina, pleaded not guilty to two counts of Rape, both of which are first-degree felonies; one count of Gross Sexual Imposition, a fourth-degree felony; and one count of Importuning, a fifth-degree felony. A jury trial is scheduled for June 29. He remains in the Medina County Jail on $150,000 bond.

Danielle Smeal, 19, of Wadsworth Road in Norton, pleaded guilty to one count of Theft, a fifth-degree felony. Sentencing is scheduled for July 25.

Judge Kimbler Probation Violations for May 26, 2011

2011-05-28T04:17:00.000-07:00

Medina County Chief Adult Probation Officer Veronica Perry reports that the following defendants appeared in front of Judge Kimbler for probation violation hearings on Thursday, May 26, 2011:

10CR0175 CARSON, TIMOTHY 5/26/2011 PV HEARING - ADMITS. HEARING SET FOR JUNE 3.

09CR0391 ISENHART, ASHLEY 5/26/2011 PV HEARING - 45 DAYS MCJ W/CREDIT FOR 21 DAYS. PROBATION TERMINATED ONCE RELEASED FROM JAIL. ALL COSTS ARE WAIVED

07CR0399 TUMBIOLA, GREGORY 5/26/2011 PV HEARING - ADMITS - DEF. TO GET D/A ASSESSMENT THRU APD IN-HOUSE COUNSELOR; COSTS ASSESSED

Changes to Local Rules for Medina County Domestic Relations Court

2011-05-27T09:51:00.000-07:00

NOTICE OF CHANGES TO THE
LOCAL RULES OF THE
COURT OF COMMON PLEAS
DOMESTIC RELATIONS DIVISION
MEDINA COUNTY, OHIOThe attached documents are changes to the Local Rules and forms of the Court of Common Pleas, Domestic Relations Division, Medina County, Ohio.

These changes will be filed with the Supreme Court and the miscellaneous docket of the Court of Common Pleas on or about June 1, 2011. It is anticipated these changes shall be fully implemented in practice by July 1, 2011.

These changes are offered for your comment until June 1, 2011.

Please realize that these changes are, for the most part, memorializing in writing the practice of the Court and ensuring compliance with new Supreme Court privacy rules that have come into existence since the Court’s last promulgation of Local Rules. The truly substantive changes are to local forms regarding motions and affidavits for temporary orders and the notice of filing form (which is now a notice of submission). The other changes incorporate definitions and policies about what information is public and should be filed with the Clerk and what information is considered not fully public and should be submitted to the Court for consideration.

Please respond to the electronic publication of this information, or email the Court at medinadomesticrelations@medinaco.org or write to the Medina County Domestic Relations Court, 99 Public Square, Medina, OH 44256, ATTN: New Rules.

Thank you for your input,

Judge Mary Kovack

Editor's Note: You can see the proposed changes by following these instructions:

You can read them by going to http://www.medinadomesticrelations.org/ and then click on the tab on the right hand side labeled "Local Rules and Forms". When you get to that page, you will then see a tab for amendments on the left hand side of the page. Click on that and it will take you to a link for the proposed changes. It will look like this: June 01, 2011 Proposed Amendments for Comment (PDF Version/Adobe Reader Required). Click on that link to read the proposed changes.

Voluntary Dismissals & Court Costs

2011-05-24T12:56:00.000-07:00

I recently issued a decision on whether a party who dismisses after a settlement can recover court costs under the Ohio Rules of Civil Procedure. I concluded that since only a "prevailing" party can recover court costs and since there is no such party when there is a settlement followed by a voluntary dismissal, the party dismissing the case can not recover its costs. Excerpts from my decision appear below:

This matter is before the Court on Plaintiff's Motion to Dismiss and Assessment of Court Costs. Upon due consideration, the Court finds that said motion is not well taken, in part.

This is a foreclosure action in which Plaintiff seeks to dismiss its Complaint and assess the costs of the action against the Defendant homeowners. Plaintiff contends that the Court has the power to assess the costs against the Defendants pursuant to Ohio Civil Rule 54 (D). Civ. R. 54 (D) states “except when express provision therefore is made either in a statute or in these rules, costs shall be allowed to the prevailing party unless the court otherwise directs.”

In Ohio Civil Rights Commission v. GMS Management Co., Inc., 2000 Ohio App. LEXIS 2827 (2000), The Ninth District Court of Appeals held “ a dismissal pursuant to Civ. R. 41(A) does not adjudicate the merits of the claim and does not produce a prevailing party.” The Court held that a voluntary dismissal returns the parties to the position they were in prior to the filing of the case.

This Court finds that in an action where Plaintiff voluntarily dismisses its case, and has not so dismissed once before, there is no prevailing party. Therefore, the provision is Civ. R. 54(D) does not apply to this action.

Medina County Court of Common Pleas, Rules of the General Division, Rule 10 (D) states “Upon voluntary dismissal of any action or claim, court costs associated with that claim shall be assessed to the dismissing parties unless otherwise ordered by the Court.”

This Court finds that assessing the costs against the Defendant homeowners would not return them to the position they were in prior to the commencement of the action. Therefore, the Court finds that there is not a compelling reason to alter the general rule that the party that dismisses a case is responsible for the costs of that action.

Judge Kimbler's Criminal Docket for May 20, 2011

2011-05-24T12:18:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Kimbler's court on May 20,2011 for criminal cases:

Kristopher Buterbaugh, 22, of Lodi Road in Lodi, was sentenced to six months in jail on one count of Possession of Heroin, a fifth-degree felony. His driver’s license was suspended for six months.

Birchie Callison, 52, of West Virginia, was sentenced to five years of community control sanctions on four counts of Non-Support of Dependents, all of which are fifth-degree felonies.

Alison Keiner, 34, of Pittsburgh Avenue in Wooster, was sentenced to four years of community control sanctions on one count of Theft, a fourth-degree felony. She also was ordered to pay $7,033.45 in restitution.

Jamar Robinson, 33, of Meigs Boulevard in Brook Park, was sentenced to six months in prison on two counts of Trafficking in Cocaine, both of which are fifth-degree felonies. His driver’s license was suspended for six months.

Dennis Agnes, 41, of Sneider Road NW in Canton, pleaded guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. Sentencing is scheduled for July 5.

Tammy Coates, 42, of Campbellsport Road in Ravenna, pleaded no contest to two counts of Driving Under the Influence of Drugs or Alcohol, both of which are third-degree felonies. Sentencing is scheduled for June 23.

Daniel Gawlikowski, 61, of Tennessee, pleaded not guilty to one count of Tampering with Records, a third-degree felony and one count of Forgery, a fifth-degree felony. A jury trial is scheduled for July 19.

Daniel Hale, 33, of Tate Avenue in Cleveland, pleaded not guilty to the following charges: two counts of Burglary, both of which are second-degree felonies; two counts of Breaking and Entering; one count of Theft; one count of Attempted Theft of a Motor Vehicle; and one count of Possessing Criminal Tools, all of which are fifth-degree felonies. A jury trial is scheduled for July 18.

Willard Harris III, 25, of Bosworth Road in Cleveland, pleaded not guilty to one count of Trafficking in Cocaine, a second-degree felony. A jury trial is scheduled for June 20.

Robert Koprivnyak, 18, of Wooster Pike Road in Seville, pleaded not guilty to one count of Trafficking in Drugs, a fourth-degree felony. The charge carries a forfeiture specification. A jury trial is scheduled for August 15.

Joseph Tracy, 33, of Sunset Drive in Lodi, pleaded no contest to three counts of Pandering Sexually Oriented Matter Involving a Minor, all of which are second-degree felonies and 17 counts of Illegal Use of a Minor in Nudity-Oriented Material or Performance, all of which are fifth-degree felonies. Sentencing is scheduled for July 8.

Rebecca Tyrpak, 24, of Clearbrook Drive in Brunswick, pleaded not guilty to one count of Theft of a Check, a fifth-degree felony. A jury trial is scheduled for July 26.

William Ungor III, 20, of Raymond Drive in Brunswick, pleaded not guilty to one count of Burglary, a second-degree felon and one count of Theft, a fifth-degree felony. A jury trial is scheduled for July 25.

Christina Valentino, 29, of River Styx Road in Medina, pleaded not guilty to one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for July 7.

Christopher Zevchek, 18, of Thorpe Circle in Brunswick, pleaded not guilty to one count of Burglary, a second-degree felon and one count of Theft, a fifth-degree felony. A jury trial is scheduled for July 19.

Judge Collier's Criminal Docket for May 23, 2011

2011-05-24T12:16:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Collier's court on May 23, 2011 for criminal cases:

Joseph Steidl, 51, of Westfield Road in Westfield Center, was sentenced to one year in prison on one count of Attempted Sexual Battery, a fourth-degree felony. He also was labeled a Tier III Sex Offender.

Chase Good, 35, of Lafayette Road in Medina, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Domestic Violence, a third-degree felony.

Lynn Watson, 42, of North Lyman Street in Wadsworth, was sentenced to one year in prison on five counts of Endangering Children, all of which are fourth-degree felonies.

Ronald Dangelo, 67, of Lander Road in Mayfield Heights, pleaded not guilty to one count of Receiving Stolen Property, a fourth-degree felony. A jury trial is scheduled for September 6.

Scott Davis, 21, of Clay Court in Brunswick, pleaded not guilty to three counts of Trafficking in Marijuana, all of which are fifth-degree felonies. A jury trial is scheduled for July 11.

Bryan Hathaway, 25, of South Lyman Street in Wadsworth, pleaded not guilty to one count of Convey Prohibited Items to Detention Facility, a third-degree felony. A jury trial is scheduled for July 25.

Carolyn Hickman, 30, of Pennsylvania, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for September 6.

Melissa Jones, 50, of Wadsworth Road in Medina, pleaded not guilty to five counts of Unlawful Sexual Conduct with a Minor, all of which are third-degree felonies; one count of Corrupting Another with Drugs, a fourth-degree felony; and eight counts of Contributing to the Unruliness or Delinquency of a Minor, all of which are first-degree misdemeanors. A jury trial is scheduled for September 6.

Angela Miliano, 23, of Miner Drive in Medina, pleaded not guilty to one count of Identity Theft, a third-degree felony; two counts of Forgery, both of which are fifth-degree felonies; three counts of Misuse of Credit Cards, Elderly, all of which are fifth-degree felonies; one count of Complicity of Misuse of Credit Cards, Elderly, a fifth-degree felony. A jury trial is scheduled for August 8.

Vonte Richmond II, 57, of Blue Stone Road in Cleveland, pleaded not guilty to one count of Breaking and Entering, a fifth-degree felony. A jury trial is scheduled for September 6.

Joshua Roper, 25, of Lisa Court in Lodi, pleaded not guilty to one count of Misuse of Credit Cards, Elderly, a fifth-degree felony. A jury trial is scheduled for July 25.

Judge Collier's Criminal Docket for May 16, 2011

2011-05-20T10:23:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Collier's court for criminal cases on May 16, 2011:

Terry Sense, 37, of Silvercreek Road in Doylestown, was sentenced to four years in prison on 28 counts of Corrupting Another with Drugs, all of which are fourth-degree felonies and 14 counts of Contributing to the Unruliness of a Minor, all of which are first-degree misdemeanors.

Alexander Watson, 36, of Branch Road in Medina, was sentenced to six months in prison on one count of Domestic Violence, a fifth-degree felony.

Selena Zak, 29, of Lodi Road in West Salem, was sentenced to two years in prison on two counts of Complicity to Commit Robbery, one of which is a second-degree felony and one of which is a third-degree felony.

Kristopher Buterbaugh, 22, of Lodi Road in Lodi, pleaded not guilty to one count of Complicity to Commit Burglary, a second-degree felony and one count of Possession of Criminal Tools, a fifth-degree felony. A jury trial is scheduled for July 25.

Jermaine Jackson, 40, of Woodhill Road in Cleveland, pleaded guilty to one count of Trafficking in Cocaine, a fifth-degree felony. Sentencing is scheduled for June 27.

Jonathan Mastney, 20, of Holly Drive in Brunswick, pleaded not guilty to seven counts of Vandalism, all of which are fifth-degree felonies and 13 counts of Criminal Damaging, all of which are second-degree misdemeanors. A jury trial is scheduled for August 8.

Gini Moore, 45, of Lisa Court in Lodi, pleaded not guilty to two counts of Burglary, one of which is a second-degree felony and one of which is a fourth-degree felony. A jury trial is scheduled for June 27.

Susan Morgan, 42, of Lisa Court in Lodi, pleaded not guilty to two counts of Burglary, one of which is a second-degree felony and one of which is a fourth-degree felony. A jury trial is scheduled for June 27.

Christine Salamon, 32, of Remsen Road in Medina, pleaded guilty to one count of Theft, a fifth-degree felony. Sentencing is scheduled for June 23.

Danielle Smeal, 19, of Wadsworth Road in Norton, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for July 25.

April Probation Statistics for Judge Kimbler's Courtroom

2011-05-18T07:45:00.000-07:00

Medina County Chief Probation Officer Veronica Perry reports that in April Judge Kimbler three defendants to intensive supervised probation; referred 12 defendants to general supervision; referred one defendant for home incarceration; ordered eight defendants to report weekly to the Adult Probation Department as a condition of bond; ordered 17 pre-sentence investigations; referred one defendant for determination of eligibility for intervention in lieu of conviction and granted intervention in lieu of conviction to two defendants; referred two defendants for determination of whether they were eligible to have their convictions expunged and referred one defendant for determination of whether that defendant could be placed on the Court's mental health docket.

Brunswick Man Gets Six Years in Prison for Attempted Murder

2011-05-16T04:10:00.000-07:00

Medina County Prosecutor Dean Holman reports that Christopher Blackburn, 21, of Laurel Road in Brunswick, pled guilty and was sentenced to six years in prison on one count of Attempted Murder, a first-degree felony, and two counts of Felonious Assault, both of which are second-degree felonies. The charges resulted from a single offense, which means that all counts were merged into the Attempted Murder charge. Judge Collier took the change of plea on Friday, May 13, 2011, and sentenced Mr. Blackburn after he changed his plea.

The conviction is a result of an incident between Blackburn and a former co-worker. Blackburn stabbed the victim in the back of the neck without provocation. The victim made a full recovery.

Judge Kimbler's Criminal Docket for May 12, 2011

2011-05-16T03:54:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Kimbler's court on May 12, 2011 for criminal cases:

Jacob Bayless, 26, of Ivy Hill Lane in Medina, was sentenced to one year in prison on two counts of Possession of Marijuana and one count of Possession of Drugs, all of which are fifth-degree felonies.

Carl Curry, 40, of Pepperwood Drive in Brunswick, was sentenced to two years of community control sanctions on one count of Possession of Cocaine and one count of Trafficking in Cocaine, both of which are fifth-degree felonies. His driver’s license was suspended for six months.

Dayshawn Wheeler, 21, of Medina, was sentenced to six months in jail on one count of Theft of Credit Cards, a fifth-degree felony and one count of Domestic Violence, a first-degree misdemeanor.

Ira Zimmerman, 62, of East Bergey Street in Wadsworth, was sentenced to one year of community control sanctions to on one count of Having Weapons While Under Disability, a fourth-degree felony.

Brandon Acker, 19, of Cypress Point Drive in Brunswick, pleaded not guilty to one count of Trafficking in Marijuana, a fifth-degree felony. A jury trial is scheduled for July 12.

Timothy Booth, 22, of Bush Avenue in Cleveland, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for July 19.

Shawn Gregg, 36, of Capel Road in Grafton, pleaded not guilty to one count of Burglary, a fourth-degree felony. A jury trial is scheduled for July 6.

Millicent Jones, 48, of Wright Street in Yellow Springs, pleaded not guilty to one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for July 18.

Shane Jones, 32, of Wall Road in Rittman, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for July 7.

Shauntee McCoy, 32, of Woodland Avenue in Cleveland, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for July 11.

Jerry Neal, 24, of West 63rd Street in Cleveland, pleaded not guilty to one count of Trafficking in Drugs, a fourth-degree felony and one count of Trafficking in Cocaine, a fifth-degree felony. A jury trial is scheduled for July 13.

Rosalie Owens, 45, of Helen Avenue in Brunswick, pleaded not guilty to one count of Vandalism, a fifth-degree felony. A jury trial is scheduled for July 13.

Justin Stiner, 35, of Windfall Road in Medina, pleaded not guilty to one count of Domestic Violence, a third-degree felony. A jury trial is scheduled for July 11.

Jacqueline Webb, 26, of Collier Drive in Doylestown, pleaded not guilty to four counts of Theft of a Check, all of which are fifth-degree felonies. A jury trial is scheduled for July 12.

Judge Collier's Criminal Docket for May 9, 2011

2011-05-16T03:52:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Collier's court on May 9, 2011 for criminal cases:

Todd Anshutz, 28, of West Prospect Street in Wadsworth, was sentenced to six months in prison on one count of Breaking and Entering, a fifth-degree felony.

Anthony Heard, 26, of Wolf Avenue in Wadsworth, was sentenced to two years of community control sanctions on two counts of Trafficking in Drugs, both of which are fourth-degree felonies. His driver’s license was suspended for six months.

Susan Holland, 50, of 28th Street in Norton, was sentenced to three years of community control sanctions, with 180 days in jail, to one count of Theft of Credit Cards, a fifth-degree felony.

Wanda Lawson, 62, of Lafayette Road in Medina, was sentenced to two years of community control sanctions on one count of Trafficking in Drugs, a fifth-degree felony. Her driver’s license was suspended for six months.

Camilla Malone, 55, of Delia Avenue in Akron, was sentenced to two years of community control sanctions on two counts of Trafficking in Drugs, both of which are fifth-degree felonies. Her driver’s license was suspended for six months.

Ashley Napholz, 20, of Abbeyville Road in Medina, was sentenced to 30 days in jail for a probation violation on an original charge of Receiving Stolen Property, a fifth-degree felony.

Bryan Rhoads, 29, of Chippewa Road in Medina, was sentenced to five years of community control sanctions on one count of Possession of Cocaine, a fifth-degree felony. His driver’s license was suspended for six months.

Tara Berndt, 30, of Smith Road in Middleburg Heights, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 10.

David Chapman, 30, of King Avenue in Barberton, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 10.

Bradley Clem, 25, of Hazelwood Drive in Seville, pleaded not guilty to the following charges: one count of Burglary, a second-degree felony; two counts of Possession of Criminal tools, both of which are fifth-degree felonies; one count of Breaking and Entering and one count of Theft, both of which are fifth-degree felonies. A jury trial is scheduled for June 22.

Edwin Good, 31, of Big Injun Trail in Chippewa Lake, pleaded not guilty to one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for August 8.

Law Talk Interview with Court Mediator Bruce Francis

2011-05-14T00:08:00.000-07:00

John Celebrezze, host of Law Talk, a community access television show seen in Brunswick, Medina, Valley City and Wadsworth, recently interviewed Attorney Bruce Francis. Mr. Francis is the Court Mediator for the Medina County Court of Common Pleas. Click on the links below to view the interview.

Part One

Part Two

Barberton Man Found Guilty in One Day Trial

2011-05-11T04:52:00.000-07:00

Michael A. Maile, formerly of Liberty Avenue in Barberton, Ohio, was found guilty by a jury in Judge Kimbler's court on Tuesday, May 10, 2011. The entire trial took place in one day, starting with jury selection at 10 am and concluding with Judge Kimbler imposing a 10 month prison sentence at 4:15 pm. The State called three witnesses and Mr. Maile exercised his constitutional right not to testify or present evidence.

Mr. Maile was charged with one count of Drug Possession, a fifth degree felony. The drug involved was oxycodone. The charge grew out of a arrest that took place on February 15, 2010 when Wadsworth Police Department officers executed an arrest warrant for Mr. Maile that had been issued by the Summit County Common Pleas Court. During the arrest, the Wadsworth officers discovered marijuana and pills.

The pills turned out to contain oxycodone. Mr. Maile admitted that the pills were his and that he had been crushing them and then inhaling them. The officer also found scales of the type commonly used for weighing drugs and rolled up dollar bills with a white residue on them.

Following the verdict, Mr. Maile and the State waived a pre-sentence investigation report and Judge Kimbler imposed sentence. Judge Kimbler imposed a 10 month prison sentence but gave him jail time credit of 158 days. The prison sentence was consecutive to the six year prison sentence that Mr. Maile is presently serving out of Summit County.

Judge Kimbler Probation Violations

2011-05-06T04:35:00.000-07:00

Medina County Chief Adult Probation Officer Veronica Perry reports that Judge Kimbler handled the following probation violations on April 28 and April 29, 2011:
10CR0231
Swarthout, Sean
L. Lesko
4/28/2011
PV Hearing - 180 days MCJ w/credit for 176 days. All outstanding obligations are waived. Probation terminated upon completion of jail sentence.

10CR0297
O'Conner, Elizabeth
L. Lesko
4/29/2011
18 days MCJ w/credit for 18 served. Supervision continues.

10CR0079
Carr, Tyler
K. Turchek
4/28/2011
PV Hearing - IILOC term. Sentenced to 90 days home arrest (concurrent w/Wayne Co.); 2 yrs. CCS; 2 AA mtgs wkly; weekly testing; no alcohol; drug/alcohol assessment; obtain employ.; D/A testing; 24 hrs. CS; 6 mos OL suspension; c/c and s/f assessed

09CR0223
Homchik, Richard
H. Smith
4/28/2011
PV Hearing - CAPIAS issued. No show

08CR0251
Harmon, Roland
J. Adams
4/28/2011
PV Hearing - 180 days MCJ w/review in 90 days w/possible home arrest

09CR0330
Price, Johnnie
J. Adams
4/28/2011
PV Hearing - Admits - Additional 24 hrs. CS w/in 60 days

08CR0430
Aden, Abdi
H. Smith
4/28/2011
PV Hearing - Continued for two weeks to obtain a translator

Judge Kimbler's Criminal Docket for April 28, 2011

2011-05-05T13:30:00.000-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Kimbler's court on April 28, 2011:

Tyler Carr, 27, of Highview Drive in Wadsworth, was sentenced to 90 days of home arrest for a probation violation on an original charge of Possession of Heroin. His driver’s license was suspended for six months.

Peter Ketchem, 32, of Westwood Drive in Strongsville, was sentenced to two years of community control sanctions on one count of Possession of Drugs, a fifth-degree felony.

Sherisha Law, 28, of Ivy Hill Lane in Medina, was sentenced to two years of community control sanctions on one count of Obstructing Justice, a fifth-degree felony.

Christine Szylakowski, 41, of Skyview Drive in Brunswick, was sentenced to two years of community control sanctions on two counts of Theft from the Elderly, both of which are fifth-degree felonies. She also was ordered to pay a total of $420 in restitution to the two elderly victims in the case and ordered not to be employed in a nursing home.

Noah Torres, 22, of Pearl Road in Brunswick, was sentenced to three years of community control sanctions on one count of Tampering with Evidence, a third-degree felony.

Eric Walters, 32, of West Washington Street in Medina, was sentenced to three years of community control sanctions on one count of Domestic Violence, a fourth-degree felony.

James L. Brown Jr., 29, of Painesville, pleaded not guilty to three counts of Menacing by Stalking, all of which are fourth-degree felonies. A jury trial is scheduled for June 27.

Kyle Hissem, 25, of Lena Lane in Cleveland, pleaded guilty to one count of Theft, a fourth-degree felony. Sentencing is scheduled for June 3.

Randall Rees, 18, of West Liberty Street in Medina, pleaded guilty to one count of Theft of a Motor Vehicle, a fourth-degree felony; one count of Breaking and Entering, a fifth-degree felony; and one count of Theft, a fifth-degree felony. A jury trial is scheduled for June 29.

Danielle Schmolz, 26, of Hemlock Court in Brunswick, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for June 28.

Derek Woods, 33, of Guardian Street in Cleveland, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for June 27.

Judge Collier's Criminal Docket for May 2, 2011

2011-05-05T05:56:00.001-07:00

Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in Judge Collier's court May 2:

Edward Adkins, 53, of Medina Street in Lodi, was sentenced to two years in prison on one count of Driving Under the Influence of Alcohol or Drugs, a fourth-degree felony.

Jonathan Klein, 44, of Columbia Road in Medina, was sentenced to six months in prison on one count of Receiving Stolen Property, a fifth-degree felony.

Kim McNutt, 47, of Lafayette Road in Medina, was sentenced to six months of residential community control sanctions on one count of Theft of Credit Cards, a fifth-degree felony.

Kayla Ray, 26, of North Avon Avenue in Wadsworth, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Burglary, a second-degree felony. She also was ordered to pay $2,641.37 in restitution.

Tabari Truss, 19, of 13th Street in Akron, was sentenced to three years of community control sanctions on one count of Trafficking in Crack Cocaine, a fourth-degree felony. His driver’s license was suspended for six months.

Chrystal Barnard, 26, of Glenbrook Drive in Brunswick, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for August 8.

David Gebers, 45, of West Walnut Street in Wadsworth, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for July 13.

Ronald Graves, 48, of Lodi Road in Lodi, pleaded not guilty to two counts of Burglary, one of which is a second-degree felony and one of which is a fourth-degree felony. Both charges carry forfeiture specifications. A jury trial is scheduled for July 5.

Charles Paine, 19, of Pine Lake Drive in Medina, pleaded not guilty to one count of Possession of Crack Cocaine, a fourth-degree felony. A jury trial is scheduled for August 15.

New Procedure on Probation Violations

2011-04-29T04:20:00.000-07:00

Judge James Kimbler has adopted a new procedure for certain probation violations. Under the previous system if a probationer violated the terms of his or her supervision, regardless of the reason, the probationer was served with notice of a probation violation and brought into court for a hearing. At that hearing they either admitted to the violation and were sanctioned by Judge Kimbler or the probationer denied the violation and the matter was set for a hearing. The hearing was held at a later date. At that hearing the probationer also had the right to counsel, and if he or she couldn't afford counsel, Judge Kimbler appointed an attorney to represent the probationer.

Under the new system a probationer is given the choice of waiving his or her right to a hearing and consenting to being sanctioned by the probation office supervising the probationer. If they agree to waive the hearing, the probation officer can then sanction them by using non-residential community control sanctions. Such sanctions do not include incarceration in jail, a community based correctional facility, or prison, but can include electronic monitoring at home, ie, "home arrest."

The decision to waive a hearing is entirely up to the probationer. They are given an explanation of their rights, allowed time to consider their options, and if they agree to this procedure, they sign the waiver and Judge Kimbler signs a court order adopting the sanctions authorized by the probation officer.

Judge Kimbler believes that this new approach will lead to faster imposition of sanctions for probation violations; will give the probation officer supervising the offender, who has the most knowledge of the offernder's conduct, more involvement in the process; and will save taxpayer money by cutting down on the need for court appointed attorneys.

Not all violations will be eligible for this procedure. If a probationer, for example, commits a new offense of violence while on probation, that offender will be arrested for violating probation and taken into custody.

Judge Kimbler adopted this new procedure after reading a report from the Buckeye Institute regarding Ohio's criminal justice services that was given to him by Medina County Chief Probation Officer Veronica Perry. The report dealt with ways to deliver more effective criminal justice services at less cost to taxpayers.