Judge Kimbler's Criminal Docket for December 15, 2011

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Judge Kimbler's Criminal Docket for October 20, 2011

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

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

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

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

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

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

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

Supreme Court Adopts Disciplinary System Amendments

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

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

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

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

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

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

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

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

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

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

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

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.

Article About Family Intervention Program

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