Medina County Courthouse

Tuesday, November 30, 2010

Newspaper Not Entitled to Attorney Fees In School District Public Records Case

Cincinnati Enquirer v. Ronan, Slip Opinion No. 2010-Ohio-5680.
Hamilton App. No. C-090155. Judgment of the court of appeals affirmed.
Brown, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-5680.pdf

Nov. 24, 2010) The Supreme Court of Ohio today affirmed a ruling by the 1st District Court of Appeals that denied an award of attorney fees to the Cincinnati Enquirer newspaper for legal costs the Enquirer incurred in pursuing a public records lawsuit against the Cincinnati Public School district.

The newspaper sued the school district in February 2009 after school officials declined to provide the Enquirer with immediate access to the applications and supporting documents submitted by applicants for the district superintendent’s position. In its reply to the paper’s public records request, the district indicated that it had not accessed the post office box to which applicants were directed to send their applications, and did not plan to access those documents until March 16, the day after the deadline for candidates to submit their applications. The district offered to provide copies of the requested documents within 24 hours after accessing them on March 16, however, the Enquirer sought a writ of mandamus compelling immediate disclosure and included in its complaint a request for attorney fees.

The mandamus action remained pending. On March 16, the school district accessed the contents of the post office box and sent copies to the Enquirer the next day. The 1st District thereafter denied the newspaper’s mandamus action as moot, since the requested records had been disclosed. The court of appeals also denied as moot the Enquirer’s demand for attorney fees. The Enquirer appealed the 1st District’s rulings to the Supreme Court. In November 2009 this Court affirmed the denial of the Enquirer’s mandamus action as moot, but held that the 1st District erred by failing to consider the merits of the newspaper’s request for attorney fees and remanded that issue to the court of appeals for further proceedings.

In January 2010, the 1st District denied the request for attorney fees, holding that the school district was not obligated to provide copies of the requested documents until it had used those documents to carry out the district’s duties and responsibilities, and the district had promptly provided the Enquirer with the requested copies of those documents as soon as it had made official use of them. The Enquirer appealed that ruling to the Supreme Court.

In a unanimous per curiam decision announced today, the Court wrote: “We agree with the court of appeals’ decision that the school district properly complied with the record request by disclosing the records after it retrieved the documents from the post office box. R.C. 149.011(G) defines ‘records’ for purposes of the Public Records Act to include ‘any document … received by … any public office of the state or its political subdivisions, which serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the office.’ … Agencies must use or rely on the document to perform agency business, and integrate it into their files, before it may be deemed an ‘agency record.’”

“... (T)he mere receipt by the school district of resumes and other materials sent by applicants for the superintendent position did not make these documents records for purposes of R.C. 149.43. ... (U)ntil the school district retrieved the documents from its post office box and reviewed them or otherwise used or relied on them, they were not records subject to disclosure under R.C. 149.43 and the Enquirer was not entitled to them. When the school district opened the post office box and used the documents, the documents became records subject to disclosure under R.C. 149.43, and the school district promptly made them available for inspection and copying at that time. ... Although the public has ‘an unquestioned interest in the qualifications of potential applicants for positions of authority in public employment,’ ... that interest does not compel disclosure until the public office retrieves and reviews the applications and other documents. Therefore, the court of appeals did not abuse its discretion in denying the Enquirer’s request for attorney fees, because the Enquirer was not entitled to the requested records until they were retrieved and used by the school district in their job-selection process. Accordingly, we affirm the judgment of the court of appeals.”

Monday, November 29, 2010

Judge Collier's Criminal Docket for November 29, 2010

Medina County Prosecutor Dean Holman reports that the following defendants appeared in Judge Collier's courtroom on November 29, 2010 for criminal cases:

David Fowler, 31, of Medina Road in Medina, was sentenced to one year in prison on one count of Failure to Give Notice of Change of Address, a fourth-degree felony and
one count of Theft of Credit Cards, a fifth-degree felony.

Jemil Henderson, 18, of Monticello Boulevard in Cleveland Heights, 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.

Shanita Law, 24, of West Union Street in Medina, was sentenced to three years of community control sanctions on one count of Trafficking in Drugs and one count of Trafficking in Marijuana, both of which are fifth-degree felonies. Her driver’s license was suspended for six months.

Vincent Martz, 22, of Princeton Drive in Brunswick, was sentenced to five years of community control sanctions on one count of Burglary, a third-degree felony and one count of Receiving Stolen Property, Check, a fifth-degree felony. He also was ordered to pay $150 restitution to his victim.

Tiffany Schaufele, 29, of Holland Road in Brook Park, was sentenced to tow years of community control sanctions on one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony.

Carolyn Tino, 46, of West Union Street in Medina, was sentenced to three years of community control sanctions on 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.

Todd Anshutz, 27, of West Prospect Street in Wadsworth, pleaded not guilty to one count of Breaking and Entering, a fifth-degree felony. A jury trial is scheduled for March 7.

Robert Beynon, 60, of Chitty Avenue in Akron, pleaded not guilty to 13 counts of Illegal Use of a Minor in Nudity-Oriented Material or Performance, all of which are fifth-degree felonies. A jury trial is scheduled for February 9.

Stephanie Quinn, 19, of Mulberry Lane in Brunswick, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for March 7.

Judge Collier's Criminal Docket for November 22, 2010

Medina County Prosecutor Dean Holman reports that the following defendants appeared in Judge Collier's courtroom on November 22, 2010 for criminal cases:

David Bias, 24, of Grafton Road in Brunswick, was sentenced to five years of community control sanctions on one count of Possession of Drugs, a fifth-degree felony. His driver’s license was ordered suspended for six months.

John Engbert Jr., 46, of Solon Road in Oakwood Village, was sentenced to 18 months in prison for a drug court violation on an original charge of Possession of Drugs, a fifth-degree felony.

Marisol Gonzalez, 33, of West Union Street in Medina, was sentenced to two years of community control sanctions on one count of Trafficking in Drugs, a fourth-degree felony. Her driver’s license was suspended for six months.

Philip Wadsworth, 22, of Engle Road in Brook Park, was sentenced to two years of community control sanctions on one count of Permitting Drug Abuse, a fifth-degree felony.

Leah Walsh, 26, of Abbeyville Road in Medina, was sentenced to two years of community control sanctions on two counts of Trafficking in Cocaine within the Vicinity of a Juvenile or School, both of which are fourth-degree felonies, and one count of Trafficking in Cocaine, a fifth-degree felony. Her driver’s license was suspended for six months.

Aaron Clem, 24, of Hazelwood Drive in Seville, pleaded not guilty to one count of Breaking and Entering and one count of Theft of a Credit Card, both of which are fifth-degree felonies. A jury trial is scheduled for January 5.

Kenneth Cummings, 32, of Triskett Road in Cleveland, pleaded guilty to the following charges: one count of Trafficking in Drugs and one count of Trafficking in Drugs within the Vicinity of a Juvenile, both of which are fourth-degree felonies; and one count of Trafficking in Drugs, a fifth-degree felony. Sentencing is scheduled for January 10.

Heather Fitzgerald, 29, of Chippewa Lake Road in Medina, pleaded guilty and was sentenced to six months in prison on one count of Possession of Heroin, a fifth-degree felony. Her driver’s license was suspended for six months.

Ryan Fletcher, 26, of Jester Court in Brunswick, pleaded guilty to two counts of Deception to Obtain a Dangerous Drug, both of which are fifth-degree felonies. Sentencing is scheduled for January 3.

Doneil Hamilton, 19, of Pennsylvania, pleaded no contest to one count of Possession of Cocaine, a third-degree felony. Sentencing is scheduled for January 3.

Norman Jackson III, 35, of West Union Street in Medina, pleaded not guilty to two counts of Forgery, both of which are fifth-degree felonies. A jury trial is scheduled for January 19.

Gary Leaster, 26, of Old 21 Road in Kimbolton, pleaded not guilty to four counts of Breaking and Entering; two counts of Theft; and two counts of Theft of Credit Cards. All the charges are fifth-degree felonies. A jury trial is scheduled for January 10.

Christopher Piatt, 19, of Avon Lake Road in Litchfield, pleaded not guilty to one count of Receiving Stolen Property, a Credit Card, a fifth-degree felony. A jury trial is scheduled for January 12.

Todd Rafuse, 34, of Chelsea Drive in Brunswick, pleaded guilty to two counts of Trafficking in Drugs, one of which is a fifth-degree felony and one of which is a first-degree misdemeanor. Sentencing is scheduled for January 10.

Cynthia Vatilla-Almalkawi, 47, of Apple Court in Akron, pleaded guilty to one count of Theft, a fifth-degree felony. Sentencing is scheduled for January 10.

Leah Weber, 23, of Johnland Avenue in Akron, pleaded not guilty to one count of Complicity to Commit Burglary, a second-degree felony. A jury trial is scheduled for January 3.

Shellie Williams, 23, of Pawnee Road in West Salem, pleaded not guilty to one count of Misuse of Credit Cards, a fifth-degree felony. A jury trial is scheduled for February 22.

Judge Kimbler's Criminal Docket for November 29, 2010

Six defendants appeared in Judge Kimbler's courtroom on Monday, November 29, 2010, and entered changes of plea to their charges. The defendants who changed plea were:

Michael A. Reddish of Imagine Lane in Medina, Ohio, entered pleas of no contest to twelve felony charges involving images of nude children. One of the counts was a fifth degree felony and the other 11 counts were second degree felonies. The fifth degree felony was a charge of Illegal Use of a Minor in a Nudity Oriented Performance. The 11 second degree felonies were all charges of Pandering Sexually Oriented Material Involving a Minor.

Judge Kimbler took Mr. Reddish's no contest plea to all 12 counts and found him guilty of all twelve counts. Judge Kimbler ordered a pre-sentence investigation and will impose sentence on January 6, 2010 at 8:30 am.

George L. Quinones of Miner Drive in Medina, Ohio entered two pleas of no contest to two charges of Trafficking in Drugs, Cocaine, both felonies of the fifth degree. Judge Kimbler found Mr. Quinones guilty of both counts and ordered a pre-sentence investigation. Judge Kimbler will impose sentence on January 6, 2010 at 8:30 am.

David P. Daigle of Durling Drive in Wadsworth, Ohio, entered two guilty pleas to two charges of Trafficking in Drugs. One charge was a felony of the third degree and the other was a felony of the fourth degree. The third degree felony involved the drug Oxycodone and the other charge involved the drug Methadone. Judge Kimbler ordered a pre-sentence investigation and will impose sentence on January 14, 2010 at 8:30 am.

Isaiah S. Casto of North State Road in Medina, Ohio, entered a no contest plea to one count of Trafficking in Drugs, a fifth degree felony. Judge Kimbler found him guilty of that charge, ordered a pre-sentence investigation and will impose sentence on January 6, 2011 at 8:30 am.

Christopher P. Flaesgarten of Coon Club Road in Medina, Ohio, entered a no contest plea to one count of Theft, a fourth degree felony. The indictment alleged that Mr. Flaesgarten stole jewelry valued at between $5,000 and $100,000. Judge Kimbler found him guilty and ordered a pre-sentence investigation. Judge Kimbler will impose sentence on January 6, 2011 at 8:30 am.

Marvin K. Waddle, II, of Bank Street in Lodi, Ohio, entered a guilty plea to one count of Felonious Assault, a second degree felony. Mr. Waddle also admitted to violating his probation in an earlier criminal case. Originally Mr. Waddle was charged with two counts of felonious assault, but the State agreed to dismiss one count if he entered a guilty plea to the remaining count. Judge Kimbler revoked his bond and ordered a pre-sentence investigation. Judge Kimbler will impose sentence on January 6, 2011 at 8:30 am.

Jury Finds Medina Man Guilty of Drug Trafficking

On November 10, 2010, a jury in Judge Kimbler's courtroom returned a guilty verdict against Andrew R. Schmieder of Carsten Road, Medina, Ohio on three counts of Trafficking in Drugs. The drug involved in all three charges was Oxycodone. One count charged Mr. Schmieder with a fourth degree felony and the other two counts charged him with two third degree felonies.

Following the verdict, Judge Marvin Shapiro revoked Mr. Schmieder's bond and remanded him back to the Medina County Jail pending sentencing. Judge Shapiro ordered a pre-sentence investigation and will impose sentence on December 6, 2010. Judge Shapiro was assigned to hear the case by the Ohio Supreme Court since Judge Kimbler was out on a medical leave recovering from surgery.

Jury Splits Verdict in Criminal Case

A criminal jury came back with a split verdict in the case of State of Ohio v. Kyle R. Robison. Mr. Robison, a Hinckley Township resident, was indicted for two crimes. The first count of the indictment was for Assault on a Police Officer, a fourth degree felony, and the second count was for Escape, a fifth degree felony. The jury found him not guilty of the Assault charge but guilty of the Escape charge.

The trial started on November 15, 2010 and concluded on November 16, 2010. The trial was conducted by Judge Thomas J. Pokorny. Judge Pokorny presided over the trial because Judge Kimbler was out on a medical leave due to surgery.

Judge Pokorny ordered a pre-sentence investigation and set sentencing for December 22, 2010. Judge Pokorny also continued Mr. Robison's bond.

Wednesday, November 24, 2010

Judge Kimbler Probation Violations for November 19, 2010

Below are the probation violations that were heard on Friday, November 19, 2010 in Judge Kimbler's courtroom as reported by Veronica Perry, Medina County Chief Probation Officer. The violations were heard by a visiting judge appointed by the Ohio Supreme Court to handle Judge Kimbler's docket while he is out of the court recovering from surgery.

The first row is the case number; the second row is the Probation Officer assigned to the case; the third row is the hearing date; and the fourth row is the violation's disposition.

09CR0066
Barnum, Bradley
R. Newman
11/19/2010
PV - Dismissed


09CR0324
Holderbaum, Julie
L. Lesko
11/19/20010
PV - Continued to 12/16/10; def. let out on OR Bond


08CR0024
Lawson, Alison
C. Copley
11/19/2010
PV - Dismissed

Monday, November 22, 2010

Judge Kimbler Probation Violations for November 18, 2010

Below are the probation violations that were heard on Thursday, November 18, 2010 in Judge Kimbler's courtroom as reported by Veronica Perry, Medina County Chief Probation Officer. The violations were heard by a visiting judge appointed by the Ohio Supreme Court to handle Judge Kimbler's docket while he is out of the court recovering from surgery.

The first row is the case number; the second row is the Probation Officer assigned to the case; the third row is the hearing date; and the fourth row is the violation's disposition.

06CR0647
Waddle, Marvin
L. Lesko
11/18/2010
PV - Continued untill 12/30/10


08CR0468
Hatfield, Melanie
K. Turchek
11/18/2010
PV - Contin. on CCS w/condition that she must attend and complete Tx at Legacy III and follow all recomm.; 3 'AA/NA mtgs wkly; costs assessed


08CR0303
McClain, Matthew
K. Turchek
11/18/2010
PV - Contin. on CCS; 24 hrs. comm. Service; complete STEPS; no smoking marijuana


07CR0198
Fox, Adam
R. Newman
11/18/2010
PV - Continue paying on CCS fees and restitution


07CR0435
Depew, Michael
R. Newman
11/18/2010
PV - Sentenced to time served. Probation terminated


09CR0500
Jelenic, Nicholas
M. Liebler
11/18/2010
PV - Continue on probation; ordered to BCH; have re-assessment w/counselor at APD

Sunday, November 21, 2010

Ohio Supreme Court Publishes Two Judge Kimbler Decisions

The Ohio Supreme Court selected two more decisions by Judge Kimbler for publication in the Ohio Miscellaneous Reports, which reports decisions by Ohio's trial courts. One of the cases is Kovach v. Tran, 159 Ohio Misc.2d 8, 2009-Ohio-7197. The other case is Stecz v. Travelers Ins. Co., 159 Ohio Misc.2d 1, 2009-Ohio-7196.

Both cases dealt with construction of insurance contracts under Ohio law. The Kovach case dealt with construction of uninsured/underinsured provisions in a automobile liability insurance policy. The Stecz case dealt with time limitations to bring a lawsuit against an insurance company pursuant to the terms of the policy. You can read Judge Kimbler's decisions by clicking on the links appearing above.

Judge Kimbler has now had 64 opinions published by the Ohio Supreme Court since he has been a judge. The published opinions include opinions that Judge Kimbler issued as Wadsworth Municipal Court Judge as well as opinions issued as a Medina County Common Pleas Court Judge.

Friday, November 19, 2010

Criminal Docket for Judge Kimbler's Courtroom for November 18, 2010

Medina County Prosecutor Dean Holman reports that the following defendants appeared in Judge Kimbler's courtroom on November 18 for criminal cases. Their cases were handled by a visiting judge appointed by the Ohio Supreme Court to handle Judge Kimbler's docket while he is out recovering from surgery.

Michael Barber, 30, of Biggs Road in Grafton, was sentenced to four years in prison on two counts of Burglary, both of which are second-degree felonies.

Delmar Bates, 62, of Grafton Road in Brunswick, was sentenced to one year of community control sanctions on two counts of Passing Bad Checks, one of which is a fifth-degree felony, and one of which is a first-degree misdemeanor.

Jaclyn Gibbons, 20, of Alesia Kay Drive in Brunswick, was sentenced to one year of community control sanctions on two counts of Trafficking in Marijuana, both of which are fifth-degree felonies.

Leann Gibson, 29, of Framingham Drive in Westlake, was sentenced to two years of community control sanctions, on one count of Theft of a Check and one count of Forgery, both of which are fifth-degree felonies.

Nathan Haynes, 36, of Wakefield Drive in Akron, was sentenced to two years of community control sanctions on one count of Possession of Cocaine, a fifth-degree felony.

Ashley Isaac, 21, of Neff Road in Valley City, was sentenced to two years of community control sanctions, with 60 days of house arrest, on one count of Possession of LSD, a third-degree felony, and one count of Trafficking in Marijuana, a fifth-degree felony.

Elizabeth O’Conner, 48, of West Washington Street in Medina, was sentenced to one year of community control sanctions on two counts of Trafficking in Drugs, both of which are fourth-degree felonies.

Stephen Simpkins, 21, of Chevrolet Boulevard in Parma, was sentenced to six months in prison on one count of Trafficking in Cocaine within the Vicinity of a School or Juvenile, a fourth-degree felony.

Terry Starcher, 44, of 4th Street in Barberton, was sentenced to six months in prison on one count of Theft, a fifth-degree felony.

Nathaniel Stefanko, 30, of Silvercreek Road in Wadsworth, was sentenced to five years of community control sanctions on one count of Receiving Stolen Property, a fourth-degree felony. He also was ordered to pay $6,390 in restitution to his victim.

Ashley Tucker, 22, of South Hawkins Avenue in Akron, was sentenced to one year of community control sanctions on one count of Theft of Credit Cards, a fifth-degree felony. She also was ordered to pay $927.20 in restitution to the credit card company.

Cheryl Gargasz, 52, of Ledgestone Drive in Wadsworth, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for January 19.

Erin Gebhard, 23, of Maplewood Drive in Brunswick, pleaded no contest to two counts of Trafficking in Cocaine, both of which are fifth-degree felonies. Both charges carry a forfeiture specification. Sentencing is scheduled for December 30.

Michael Huffman, 40, of Elyria Street in Lodi, pleaded not guilty to one count of Gross Sexual Imposition, a fourth-degree felony. A jury trial is scheduled for January 18.

Derrick Knapik, 24, of River Street in Lodi, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for January 25.

James R. Reed, 29, of East 67th Street in Cleveland, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for January 20.

David Scherman, 25, of River Street in Lodi, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for January 19.

Kurt Slansky, 21, of Greenwich Road in Seville, pleaded not guilty to one count of Receiving Stolen Property, and one count of Tampering with a Vehicle Identification Number, both of which are fifth-degree felonies. A jury trial is scheduled for January 18.

David C. Smith, 31, of Barrington Road in Akron, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for January 18.

Alexandra Varney, 19, of Watrusa Avenue in Wadsworth, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for January 24.

Thursday, November 18, 2010

Judge Collier's Criminal Docket for November 15, 2010

Medina County Prosecutor Dean Holman reports that the following people appeared for criminal cases in Judge Collier's courtroom on November 15, 2010:

Mark Kanner, 23, of Glenmont Drive in Brunswick, was sentenced to one year in prison on one count of Trafficking in Cocaine, a fifth-degree felony.

Eric Miller, 28, of West Washington Street in Medina, was sentenced to two years of community control sanctions, with 180 days in jail, on two counts of Trafficking in Marijuana, both of which are fifth-degree felonies.

Renee Roditis, 33, of Substation Road in Brunswick, was sentenced to five years of community control sanctions on three counts of Trafficking in Drugs within the Vicinity of a Juvenile, all of which are fourth-degree felonies. Her driver’s license was suspended for six months.

Cody Steele, 19, of Chargary Drive in Brunswick, was sentenced to one year in prison on one count of Receiving Stolen Property, a Motor Vehicle, a fifth-degree felony. He also was ordered to pay $917.73 in restitution to his victim.

Scot Favorite, 45, of Dover Drive in Medina, pleaded not guilty to two counts of Unlawful Sexual Conduct with a Minor, both of which are third-degree felonies. The charges carry forfeiture specifications. A jury trial is scheduled for February 14.

Gregory Palya, 23, of Miller Drive in Brunswick, pleaded not guilty to one count of Trafficking in Cocaine, a third-degree felony. A jury trial is scheduled for February 14.

Sunday, November 14, 2010

November 12, 2010 Criminal Docket for Judge Kimbler's Courtroom

Medina County Prosecutor Dean Holman reports that the criminal cases listed below were heard by a visiting judge in Judge Kimbler's courtroom on Friday, November 12. The Ohio Supreme Court appointed a visiting judge to handle Judge Kimbler's docket while he is recovering from surgery.

Farrin Bratcher, 54, of North State Street in Rittman, was sentenced to two years of community control sanctions on one count of Trafficking in Marijuana and one count of Trafficking in Drugs, both of which are fifth-degree felonies.

Shawn Schrubb, 35, of Southeast Avenue in Tallmadge, was sentenced to five years in prison on the following charges: 24 counts of Illegal Use of a Minor in Nudity-Oriented Material or Performance, all of which are second-degree felonies; three counts of Illegal Use of a Minor in Nudity-Oriented Material or Performance, all of which are fifth-degree felonies; and one count of Possessing Criminal Tools, a fifth-degree felony.

Gary Spry, 20, of South Main Street in Akron, was sentenced to two years of community control sanctions on one count of Trafficking in Drugs, a fourth-degree felony.

Matthew Herndon, 28, of Overlook Avenue in Wadsworth, pleaded not guilty to one count of Improperly Handling Firearms in a Vehicle, a fifth-degree felony. A jury trial is scheduled for January 12.

Brian McKee, 30, of Sunset Street in Lodi, pleaded no contest and was sentenced to three years in prison on three counts of Trafficking in Drugs, all of which are fifth-degree felonies.

Scott Reisland, 27, of Grafton Road in Brunswick, pleaded guilty to one count of Trafficking in Drugs, a fourth-degree felony. The charge carries a forfeiture specification. Sentencing is scheduled for December 30.

Edwin Roldan, 20, of West Bergey Street in Wadsworth, pleaded not guilty to one count of Unlawful Sexual Conduct with a Minor, a fourth-degree felony. A jury trial is scheduled for January 10.

Edward Rowe, 36, of Fifth Street in Barberton, pleaded not guilty to two counts of Theft, both of which are fifth-degree felonies. A jury trial is scheduled for January 11.

Danielle Telmanik, 29, of Valley Forge Drive in Brunswick, pleaded not guilty to one count of Theft from the Elderly, a fourth-degree felony. A jury trial is scheduled for January 11.

Tuesday, November 09, 2010

Judge Collier's Criminal Docket for November 8, 2010

Medina County Prosecutor Dean Holman reports that the following defendants appeared in Judge Collier's courtroom on November 8, 2010 for criminal cases:

Michael Malin, 18, of Guilford Boulevard in Medina, was sentenced to five years of community control sanctions, with six months in jail, on the following charges: one count of Tampering with Evidence, a third-degree felony; one count of Vandalism, a fifth-degree felony; one count of Theft, a first-degree misdemeanor; five counts of Misuse of Property, all of which are first-degree misdemeanors; and 10 counts of Receiving Stolen Property, all of which are first-degree misdemeanors. His vehicle was ordered to be forfeited to law enforcement.

David Rupp, 44, of Acme Road in Seville, was sentenced to 18 months in prison for a probation violation on an original charge of Trafficking in Drugs, a fourth-degree felony.

Chloe Beebe, 29, of Euclid Avenue in Wadsworth, pleaded not guilty to one count of Escape, a third-degree felony and one count of Theft of a Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for January 3.

Carianna Beery, 34, of Wooster Street in Wadsworth, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for January 12.

Joshua Dragony, 20, of William Drive in Brunswick, pleaded not guilty to one count of Felonious Assault, a second-degree felony. A jury trial is scheduled for January 12.

Martez Hope, 18, of Pearl Road in Brunswick, pleaded guilty to one count of Robbery, a third-degree felony. Sentencing is scheduled for December 20.

David Lynch, 44, of Elyria Street in Lodi, pleaded not guilty and not guilty by reason of insanity to the following charges: two counts of Attempted Murder, both of which are first-degree felonies and have a firearm specification; one count of Felonious Assault, a second-degree, which also has a firearm specification; and one count of Having Weapons While Under Disability, a third-degree felony. He was referred for testing.

Johnny Mcie, 20, of Sanford Road in Lodi, pleaded no contest to one count of Trafficking in Marijuana, a fifth-degree felony. Sentencing is scheduled for December 20.

Judge Kimbler's Criminal Docket for November 5, 2010

Medina County Prosecutor Dean Holman reports that the following defendants were in Judge Kimbler's courtroom on November 5, 2010 for criminal cases. The cases were heard by a visiting judge appointed by the Ohio Supreme Court to fill in for Judge Kimbler while he is off recovering from surgery:

Russell James, 56, of Grafton Road in Brunswick Hills, was sentenced to two years of community control sanctions on one count of Burglary, a fourth-degree felony.

Michael Scott, 28, of Hadcock Road in Brunswick, was sentenced to six months in prison on two counts of Trafficking in Cocaine, both of which are fifth-degree felonies.

Ryan Walter, 31, of Peterson Road in Mansfield, was sentenced to three years of community control sanctions on one count of Theft, a fifth-degree felony.

Michael Basford, 24, of South Broadway in Medina, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for January 4.

Lisa Brewer, 26, of South Street in Warren, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for January 4.

Adam Crum, 37, of East Wood Street in Shreve, pleaded not guilty to one count of Non-Support of Dependents, a fifth-degree felony. A jury trial is scheduled for January 5.

Padra Graves, 28, of Scovill Road in Cleveland, pleaded not guilty to one count of Receiving Stolen Property and one count of Possession of Criminal Tools, both of which are fifth-degree felonies. A jury trial is scheduled for January 3.

Alberto Peterson, 26, of South Carpenter Road in Brunswick, pleaded not guilty to eight counts of Illegal Use of a Minor in Nudity-Oriented Material or Performance, all of which are fifth-degree felonies. A jury trial is scheduled for January 3.

David Sidwell, 33, of Laurel Road in Brunswick, pleaded not guilty to one count of Breaking and Entering and one count of Theft, both of which are fifth-degree felonies. A jury trial is scheduled for January 10.

Virgile Snyder, 44, of Ashland Court in Barberton, pleaded not guilty to one count of Attempted Theft, a fifth-degree felony. A jury trial is scheduled for January 12.

Alexander Tomovich, 36, of West 130th Street in Brunswick pleaded not guilty to one count of Breaking and Entering and one count of Theft, both of which are fifth-degree felonies. A jury trial is scheduled for January 11.

Sunday, November 07, 2010

Judge James Kimbler Probation Violation Hearings for November 5, 2010

Medina County Chief Probation Officer Veronica Perry reports that the following probation violation hearings were heard on November 5, 2010, by a visiting judge who was filling in for Judge James Kimbler who is off recovering from surgery:

Jason Moore was found to be in violation of his probation. He was giving nine days in jail with credit for nine days served. He was continued on community control sanctions with the condition that he comply with recommendations made by the Wayne County Common Pleas Court.

Melanie Hatfield entered a denial that she violated the terms and conditions of her supervision. Her case was continued until November 12, 2010. No bond was set.

DeAngelo McCraney was continued on community control sanctions. He was ordered to comply with all recommendations made by the Summit County Adult Probation Department, which is providing courtesy supervision. He must do 40 hours of community service by January 31, 2011. He is ordered to either be in school or employed and he must submit to random drug and alcohol screens.

Saturday, November 06, 2010

Medina County Adult Probation Department Report for October, 2010

Medina County Chief Adult Probation Officer Veronica Perry reports that the following assignments and referrals were made by Judge Christopher Collier and Judge James Kimbler of the Common Pleas Court during October, 2010:

Intensive supervised probation assignments: Judge Kimbler made five and Judge Collier made three.

General supervision assignments: Judge Kimbler and Judge Collier each made five.

Home incarceration referrals: Judge Kimbler made two.

Community service referrals: Judge Kimbler made seven and Judge Collier made two.

Bond reporting referrals: Judge Kimbler made seven and Judge Collier made one.

Pre-sentence investigation referrals: Judge Kimbler made 25 and Judge Collier made 19.

Intervention in lieu of conviction referrals: Judge Kimbler made one.

Intervention in lieu of conviction motions granted: Judge Kimbler granted one.

Judge Collier's Criminal Docket for November 1, 2010

Medina County Prosecutor Dean Holman reports that the following people appeared in Judge Collier's courtroom on Monday, November 1, 2010, for criminal cases:

Glenda Alfano, 59, of Martin Court in Medina, was sentenced to nine months in prison on one count of Receiving Stolen Property, Credit Card, and one count of Forgery, both of which are fifth-degree felonies.

Mitchell Firis, 28, of North Pardee Street in Wadsworth, was sentenced to five years of community control sanctions, with six months in jail, on one count of Receiving Stolen Property, a fifth-degree felony. He also was ordered to pay his victims $5,353.68 in restitution within one year from release of jail.

Tyler Horn, 18, of Harold Drive in Richfield, was sentenced to four years of prison on two counts of Aggravated Burglary, both of which are first-degree felonies. He also was ordered to pay $2,096.40 restitution to his victim.

Christopher Vanhauter, 43, of Wolf Avenue in Wadsworth, was sentenced to five years of community control sanctions on one count of Possession of Heroin, a fifth-degree felony.

Tiffany Barnett, 22, of Miner Drive in Medina, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for January 31.

Adolph Boyd III, 18, of Tiago Street in Cleveland, pleaded not guilty to one count of Receiving Stolen Property and one count of Possession of Criminal Tools, both of which are fifth-degree felonies. A jury trial is scheduled for January 5.

William Dillon, 18, of Brookland Drive in Medina, pleaded not guilty to one count of Aggravated Burglary, a first-degree felony. A jury trial is scheduled for January 5.

Anthony George, 18, of Dawn Court in Medina, pleaded guilty to the following charges: one count of Vandalism, which is a fifth-degree felony; and one count of Theft; and 10 counts of Receiving Stolen Property, Credit Cards, all of which are first-degree misdemeanors. Sentencing is scheduled for December 13.

Michael Malin, 18, of Guilford Boulevard in Medina, pleaded no contest to the following charges: one count of Tampering with Evidence, a third-degree felony; one count of Vandalism, a fifth-degree felony; one count of Theft, a first-degree misdemeanor; five counts of Misuse of a Credit Card, all of which are first-degree misdemeanors; and 10 counts of Receiving Stolen Property, all of which are first-degree misdemeanors. Sentencing is scheduled for November 8.

Crissy Wortman, 29, of Raglan Drive in Warren, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for December 27.