I have taught at seminars sponsored by the Ohio Judicial College. Since I lecture for the College, I have been invited to participate in course development conferences. During these conferences there are presentations on how adults like to learn. During these presentations I have learned that adults like to learn by interacting with each other and with the presenter of new information. They also like "hands on" problem solving so that they can see how the information applies to what they do.
I recently put on a seminar for the Celebrezze-Zanghi Community Legal Education Project, Inc., an Ohio non-profit corporation. The seminar was on hearsay and the Ohio Rules of Evidence. The seminar was built around 18 hearsay problems. The problems called for determining whether the evidence being offered was hearsay and whether it was admissible.
The 17 participants were seated at round tables in groups of four to six. They read the problem, discussed the possible answers among themselves, then we discussed the answers as a group.
Both the participants and myself found this to be a great way to teach and to learn. On the evaluations that were turned in, the course was rated at a 4.86 out of a possible 5.00. Of the 17 participants, 15 turned in evaluations. In the comments sections were several comments voicing approval of the problem solving format. Participants liked the interaction among themselves and liked sharing information with other attorneys.
I am thinking about devising more such seminars and would appreciate any thoughts or comments that attorneys might have regarding topics. You can email me your suggestions at judgejameskimbler@yahoo.com. Please put the words "Seminar Suggestions" in the subject matter line.
Thursday, March 31, 2011
Wooster Man Enters Plea to Felony DUI, Gets 2 Years in Prison
On March 28, 2011, Timmy R. Holcomb, 44, of North Buckeye Street in Wooster, Ohio appeared in front of Judge Kimbler and entered a change of plea to a felony charge of driving while under the influence. Since Mr. Holcomb had previously been convicted of a felony dui, this new charge was a third degree felony.
Following the change of plea, Judge Kimbler imposed a two year prison sentence and gave Mr. Holcomb credit for time served in the Medina County Jail pending his change of plea. Since Mr. Holcomb's license was previously revoked, Judge Kimbler could not revoke his license for this new charge. Judge Kimbler also imposed the mandatory minimum fine, but suspended the fine since Mr. Holcomb was sent to prison. Judge Kimbler waived court costs.
Following the change of plea, Judge Kimbler imposed a two year prison sentence and gave Mr. Holcomb credit for time served in the Medina County Jail pending his change of plea. Since Mr. Holcomb's license was previously revoked, Judge Kimbler could not revoke his license for this new charge. Judge Kimbler also imposed the mandatory minimum fine, but suspended the fine since Mr. Holcomb was sent to prison. Judge Kimbler waived court costs.
Wednesday, March 30, 2011
Judge Collier's Criminal Docket for March 21, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Collier's court on March 21, 2011:
Adam Angelone, 25, of Hartneck Road in Valley City, was sentenced to five years of community control sanctions, with 30 days in jail, on one count of Possession of Marijuana, a fourth-degree felony. His driver’s license was suspended for six months.
William Johnson Jr., 38, of Third Street in Wadsworth, was sentenced to six months in prison on one count of Breaking and Entering, a fifth-degree felony.
Christopher Kemper, 24, of South Huntington Street in Medina, was sentenced to four years in prison on one count of Burglary, a second-degree felony; one count of Theft of a Firearm, a third-degree felony; and one count of Receiving Stolen Property, a fifth-degree felony.
Robert Swan, 45, of Merton Avenue in Akron, was sentenced to one year in prison on one count of Illegal Manufacture of Drugs, a third-degree felony. His driver’s license was suspended for six months.
Alexander Tomovich, 36, of West 130th Street in Brunswick, was sentenced to five years of community control sanctions on two counts of Breaking and Entering, both of which are fifth-degree felonies.
Edward Adkins, 52, of Medina Street in Lodi, pleaded guilty to one count of Driving Under the Influence of Drugs or Alcohol, both of which are fourth-degree felonies. Sentencing is scheduled for May 2.
Jeffrey Gasser, 23, of Seville Road in Wadsworth, pleaded no contest and was sentenced to six months in prison on one count of Trafficking in Heroin, a fifth-degree felony. His driver’s license was suspended for five years.
Anthony George, 18, of Dawn Court in Medina, was sentenced to nine months in prison for a probation violation on the following charges: one count of Vandalism, a fifth-degree felony’ one count of Theft, a first-degree misdemeanor; and 10 counts of Receiving Stolen Property, all of which are first-degree misdemeanors.
David Nagle, 29, of Noble Avenue in Barberton, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for June 1.
Blaine Rocha, 29, of Township Road 2375 in Painesville, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for June 27.
Medina County Prosecutor
The following people appeared in Judge Collier's court on March 21, 2011:
Adam Angelone, 25, of Hartneck Road in Valley City, was sentenced to five years of community control sanctions, with 30 days in jail, on one count of Possession of Marijuana, a fourth-degree felony. His driver’s license was suspended for six months.
William Johnson Jr., 38, of Third Street in Wadsworth, was sentenced to six months in prison on one count of Breaking and Entering, a fifth-degree felony.
Christopher Kemper, 24, of South Huntington Street in Medina, was sentenced to four years in prison on one count of Burglary, a second-degree felony; one count of Theft of a Firearm, a third-degree felony; and one count of Receiving Stolen Property, a fifth-degree felony.
Robert Swan, 45, of Merton Avenue in Akron, was sentenced to one year in prison on one count of Illegal Manufacture of Drugs, a third-degree felony. His driver’s license was suspended for six months.
Alexander Tomovich, 36, of West 130th Street in Brunswick, was sentenced to five years of community control sanctions on two counts of Breaking and Entering, both of which are fifth-degree felonies.
Edward Adkins, 52, of Medina Street in Lodi, pleaded guilty to one count of Driving Under the Influence of Drugs or Alcohol, both of which are fourth-degree felonies. Sentencing is scheduled for May 2.
Jeffrey Gasser, 23, of Seville Road in Wadsworth, pleaded no contest and was sentenced to six months in prison on one count of Trafficking in Heroin, a fifth-degree felony. His driver’s license was suspended for five years.
Anthony George, 18, of Dawn Court in Medina, was sentenced to nine months in prison for a probation violation on the following charges: one count of Vandalism, a fifth-degree felony’ one count of Theft, a first-degree misdemeanor; and 10 counts of Receiving Stolen Property, all of which are first-degree misdemeanors.
David Nagle, 29, of Noble Avenue in Barberton, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for June 1.
Blaine Rocha, 29, of Township Road 2375 in Painesville, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for June 27.
Judge Collier's Criminal Docket for March 28, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Collier's court on March 28, 2011:
Scot Favorite, 45, of Dover Drive in Medina, was sentenced to three years in prison on two counts of Unlawful Sexual Conduct with a Minor, both of which are third-degree felonies. He also was labeled a Tier II Sex Offender and will have to register his address with the county sheriff every 180 days for 25 years.
Timmy Holcomb, 43, of North Buckeye Street in Wooster, was sentenced to two years in prison on one count of Driving Under the Influence of Drugs or Alcohol, a third-degree felony.
David Tresidder, 26, of South Hawkins Avenue in Akron, was sentenced to six months in prison on one count of Theft, a fifth-degree felony.
Todd Anshutz, 28, of West Prospect Street in Wadsworth, pleaded guilty to one count of Breaking and Entering, a fifth-degree felony. Sentencing is scheduled for May 9.
Anthony Heard, 26, of Wolf Avenue in Wadsworth, pleaded guilty to two counts of Trafficking in Drugs, both of which are fourth-degree felonies. Sentencing is scheduled for May 9.
Kim McNutt, 47, of Lafayette Road in Medina, pleaded no contest to one count of Theft of Credit Cards, a fifth-degree felony. Sentencing is scheduled for May 9.
Leopold Mlocki, 28, of Kent Drive in Brunswick, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for May 18.
Mary Moser, 36, of Main Street in Wadsworth, pleaded not guilty to one count of Burglary, a third-degree felony. A jury trial is scheduled for May 11.
Martsin Prokopovich, 20, of New Jersey, pleaded not guilty to one count of Breaking and Entering and one count of Vandalism, both of which are fifth-degree felonies. A jury trial is scheduled for May 23.
Medina County Prosecutor
The following people appeared in Judge Collier's court on March 28, 2011:
Scot Favorite, 45, of Dover Drive in Medina, was sentenced to three years in prison on two counts of Unlawful Sexual Conduct with a Minor, both of which are third-degree felonies. He also was labeled a Tier II Sex Offender and will have to register his address with the county sheriff every 180 days for 25 years.
Timmy Holcomb, 43, of North Buckeye Street in Wooster, was sentenced to two years in prison on one count of Driving Under the Influence of Drugs or Alcohol, a third-degree felony.
David Tresidder, 26, of South Hawkins Avenue in Akron, was sentenced to six months in prison on one count of Theft, a fifth-degree felony.
Todd Anshutz, 28, of West Prospect Street in Wadsworth, pleaded guilty to one count of Breaking and Entering, a fifth-degree felony. Sentencing is scheduled for May 9.
Anthony Heard, 26, of Wolf Avenue in Wadsworth, pleaded guilty to two counts of Trafficking in Drugs, both of which are fourth-degree felonies. Sentencing is scheduled for May 9.
Kim McNutt, 47, of Lafayette Road in Medina, pleaded no contest to one count of Theft of Credit Cards, a fifth-degree felony. Sentencing is scheduled for May 9.
Leopold Mlocki, 28, of Kent Drive in Brunswick, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for May 18.
Mary Moser, 36, of Main Street in Wadsworth, pleaded not guilty to one count of Burglary, a third-degree felony. A jury trial is scheduled for May 11.
Martsin Prokopovich, 20, of New Jersey, pleaded not guilty to one count of Breaking and Entering and one count of Vandalism, both of which are fifth-degree felonies. A jury trial is scheduled for May 23.
Tuesday, March 29, 2011
Youngstown Man Found Guilty of Drug Possession by Jury
Mr. Carvillia J. Gilbert, Jr., of Rush Boulevard in Youngstown, Ohio was found guilty by a jury of one count of Drug Possession, a fifth degree felony following a two day jury trial. The charge arose out of a traffic stop on September 15, 2010 in Harrisville Township on IS 71 near the 208 mile marker. The drug involved was 886 grams of Marijuana.
Mr. Gilbert was a passenger in the car. The driver was also charged. Mr. Gilbert's attorney argued that while there was no doubt that the trunk of the car contained 886 grams of marijuana in two freezer bags, the State hadn't proved that Mr. Gilbert knew that the drug was in the car's trunk or that he had ever exercised dominion and control over the marijuana. The State argued that the circumstantial evidence introduced was sufficient for the jury to find that Mr. Gilbert had constructively possessed the drug. "Constructive possession" is recognized in drug possession cases.
Judge Kimbler continued Mr. Gilbert's bond and will impose sentence at a later date.
Mr. Gilbert was a passenger in the car. The driver was also charged. Mr. Gilbert's attorney argued that while there was no doubt that the trunk of the car contained 886 grams of marijuana in two freezer bags, the State hadn't proved that Mr. Gilbert knew that the drug was in the car's trunk or that he had ever exercised dominion and control over the marijuana. The State argued that the circumstantial evidence introduced was sufficient for the jury to find that Mr. Gilbert had constructively possessed the drug. "Constructive possession" is recognized in drug possession cases.
Judge Kimbler continued Mr. Gilbert's bond and will impose sentence at a later date.
Brunswick Woman Loses Personal Injury Trial
Diana L. Paulovich of Pearl Road in Brunswick, Ohio lost a personal injury trial last week in Judge Kimbler's courtroom. The jury trial, which started on Monday, March 21, and concluded on Wednesday, March 23, 2011 arose out of an automobile collision that took place in the Brunswick Town Center shopping plaza.
Ms. Paulovich who was driving a sports utility vehicle collided with a car driven by Timothy C. Black of Maxwell Boulevard in Brunswick on March 26, 2006. Both drivers claimed that they had the right of way when the collision took place. The jury found that while Mr. Black was negligent, his negligence wasn't the proximate cause of Ms. Paulovich's injuries.
Ms. Paulovich who was driving a sports utility vehicle collided with a car driven by Timothy C. Black of Maxwell Boulevard in Brunswick on March 26, 2006. Both drivers claimed that they had the right of way when the collision took place. The jury found that while Mr. Black was negligent, his negligence wasn't the proximate cause of Ms. Paulovich's injuries.
Monday, March 28, 2011
Chief Justice Meets With Medina County Bench/Bar
Supreme Court of Ohio Chief Justice Maureen O’Connor today met with local judicial and legal officials in Medina County in the second of a series of conversations she plans around the state to discuss ways to improve Ohio’s court system. Licking County hosted the first meeting on Feb. 22.
In her swearing-in speech in January, Chief Justice O’Connor announced that she and Supreme Court Administrative Director Steven C. Hollon would work to visit each of Ohio’s 88 counties as a way to learn about the local and statewide issues impacting the judiciary and legal community.
Chief Justice O’Connor today reiterated her plans to address the challenges of the judicial budget, to support diversity and access to justice, to push for impartial courts free from political influence, and to encourage collaboration and community involvement by the judiciary.
“The challenges and concerns of the local bench and bar vary across this large and diverse state,” Chief Justice O’Connor said. “I am looking forward to collaborating with you on the important work of improving the administration of justice.”
Chief Justice O’Connor noted the leadership role that Medina County judges have played in the judicial branch by serving on Supreme Court boards and commissions. She also commended the innovative practices employed by the local judges in delivering justice.
Bar Association President and attorney Janis Zachman said the local bar was immensely privileged to have the opportunity to hear from Chief Justice O’Conner and to engage in conversation with her about issues of importance to the Court and local attorneys.
Attendees included seasoned practitioners as well as newly admitted attorneys.
Contact: Chris Davey or Bret Crow at 614.387.9250.
In her swearing-in speech in January, Chief Justice O’Connor announced that she and Supreme Court Administrative Director Steven C. Hollon would work to visit each of Ohio’s 88 counties as a way to learn about the local and statewide issues impacting the judiciary and legal community.
Chief Justice O’Connor today reiterated her plans to address the challenges of the judicial budget, to support diversity and access to justice, to push for impartial courts free from political influence, and to encourage collaboration and community involvement by the judiciary.
“The challenges and concerns of the local bench and bar vary across this large and diverse state,” Chief Justice O’Connor said. “I am looking forward to collaborating with you on the important work of improving the administration of justice.”
Chief Justice O’Connor noted the leadership role that Medina County judges have played in the judicial branch by serving on Supreme Court boards and commissions. She also commended the innovative practices employed by the local judges in delivering justice.
Bar Association President and attorney Janis Zachman said the local bar was immensely privileged to have the opportunity to hear from Chief Justice O’Conner and to engage in conversation with her about issues of importance to the Court and local attorneys.
Attendees included seasoned practitioners as well as newly admitted attorneys.
Contact: Chris Davey or Bret Crow at 614.387.9250.
Sunday, March 27, 2011
Judge Kimbler's Criminal Docket for March 24, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Kimbler's court on March 24, 2011 for criminal cases:
Marjorie Chorba, 44, of Broadview Road in Seven Hills, was sentenced to three years of community control sanctions on one count of Theft of a Dangerous Drug, a fourth-degree felony.
Charity Drake, 36, of 3rd Street NW in Barberton, was sentenced to three years of community control sanctions on one count of Receiving Stolen Property, a fifth-degree felony. She also was ordered to pay $500 in restitution to the victim.
Nathan Haynes, 36, of Wakefield Drive in Akron, was sentenced to six months in prison for a probation violation on an original charge of Possession of Cocaine, a fifth-degree felony.
David Resovsky, 43, of Branch Road in Medina, was sentenced to three years of community control sanctions on three counts of Trafficking in Drugs, one of which is a fourth-degree felony and two of which are fifth-degree felonies.
William Schrock, 25, of Circle Drive in Medina, was sentenced to three years of community control sanctions on one count of Theft, a fifth-degree felony. He also was ordered to pay $1,620 in restitution.
Victoria Spear, 21, of Grant Street in Galion, was sentenced to five years in prison on one count of Aggravated Vehicular Homicide, a second-degree felony. Her driver’s license was suspended for life.
Grant Blanc, 26, of Fixler Road in Wadsworth, pleaded not guilty to two counts of Trafficking in Drugs, both of which are fourth-degree felonies. A jury trial is scheduled for May 10.
Connie Rogowski, 49, of New London Eastern Road in Homerville, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for May 23.
Jamar Robinson, 33, of Meigs Boulevard in Brookpark, pleaded no contest to two counts of Trafficking in Cocaine, both of which are fifth-degree felonies. Sentencing is scheduled for April 28.
Medina County Prosecutor
The following people appeared in Judge Kimbler's court on March 24, 2011 for criminal cases:
Marjorie Chorba, 44, of Broadview Road in Seven Hills, was sentenced to three years of community control sanctions on one count of Theft of a Dangerous Drug, a fourth-degree felony.
Charity Drake, 36, of 3rd Street NW in Barberton, was sentenced to three years of community control sanctions on one count of Receiving Stolen Property, a fifth-degree felony. She also was ordered to pay $500 in restitution to the victim.
Nathan Haynes, 36, of Wakefield Drive in Akron, was sentenced to six months in prison for a probation violation on an original charge of Possession of Cocaine, a fifth-degree felony.
David Resovsky, 43, of Branch Road in Medina, was sentenced to three years of community control sanctions on three counts of Trafficking in Drugs, one of which is a fourth-degree felony and two of which are fifth-degree felonies.
William Schrock, 25, of Circle Drive in Medina, was sentenced to three years of community control sanctions on one count of Theft, a fifth-degree felony. He also was ordered to pay $1,620 in restitution.
Victoria Spear, 21, of Grant Street in Galion, was sentenced to five years in prison on one count of Aggravated Vehicular Homicide, a second-degree felony. Her driver’s license was suspended for life.
Grant Blanc, 26, of Fixler Road in Wadsworth, pleaded not guilty to two counts of Trafficking in Drugs, both of which are fourth-degree felonies. A jury trial is scheduled for May 10.
Connie Rogowski, 49, of New London Eastern Road in Homerville, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for May 23.
Jamar Robinson, 33, of Meigs Boulevard in Brookpark, pleaded no contest to two counts of Trafficking in Cocaine, both of which are fifth-degree felonies. Sentencing is scheduled for April 28.
Tuesday, March 22, 2011
Jury Finds Hell's Angel Member Guilty of Felonious Assault
Early Monday afternoon the jury that was deliberating on whether Scott Stage was guilty of felonious assault returned a guilty verdict on that charge. On Friday the same jury had returned a not guilty verdict in the co-defendant's case. After receiving the verdict and excusing the jury, Judge Kimbler ordered a pre-sentence investigation. Judge Kimbler will impose sentence on April 28, 2011 at 2:30 pm. Following the verdict, Mr. Stage was remanded back to the Medina County Jail.
In addition to sentencing Mr. Stage on April 28, 2011, Judge Kimbler will also decide whether Mr. Stage's motorcycle should be forfeited to the state and whether Mr. Stage should be sentenced as a repeat violent offender.
Mr. Stage was convicted of a second degree felony, which carries a prison sentence of two years up to eight years. If he is sentenced as a repeat violent offender, Judge Kimbler could impose a prison sentence in addition to the sentence imposed for the felonious assault.
The jury trial started last Monday and took all of last week with the exception of Thursday morning when Judge Kimbler heard his criminal "call day" docket. The jury deliberated Friday afternoon and Monday morning. During the deliberations they had questions which indicated that they were struggling with whether or not Mr. Stage's actions inflicted "serious physical harm" or "physical harm" on the victim.
In addition to sentencing Mr. Stage on April 28, 2011, Judge Kimbler will also decide whether Mr. Stage's motorcycle should be forfeited to the state and whether Mr. Stage should be sentenced as a repeat violent offender.
Mr. Stage was convicted of a second degree felony, which carries a prison sentence of two years up to eight years. If he is sentenced as a repeat violent offender, Judge Kimbler could impose a prison sentence in addition to the sentence imposed for the felonious assault.
The jury trial started last Monday and took all of last week with the exception of Thursday morning when Judge Kimbler heard his criminal "call day" docket. The jury deliberated Friday afternoon and Monday morning. During the deliberations they had questions which indicated that they were struggling with whether or not Mr. Stage's actions inflicted "serious physical harm" or "physical harm" on the victim.
Sunday, March 20, 2011
Jury Returns Not Guilty Verdict on One Hell's Angel, Still Out on the Other
Late Friday afternoon, March 18, 2011, a Medina County jury returned three not guilty verdicts in the case of State of Ohio v. Justin M. Seliskar. The jury, which got the case early Friday afternoon, is still deliberating regarding the case against Mr. Seliskar's co-defendant, Mr. Scott Stage.
Judge Kimbler instructed the jury on the original charge of Complicity to Commit Felonious Assault, a second degree felony, and on the two lesser included offenses of Complicity to Commit Attempted Assault and Complicity to Commit Assault. Those charges are a third degree felony and a first degree misdemeanor.
Following the announcement of the verdict, Judge Kimbler released Mr. Seliskar on his own recognizance since he still has a felony charge pending. That charge is for Having a Weapon Under a Disability. The two charges were severed for purposes of trial. That charge will be heard at a later date.
Judge Kimbler instructed the jury on the original charge of Complicity to Commit Felonious Assault, a second degree felony, and on the two lesser included offenses of Complicity to Commit Attempted Assault and Complicity to Commit Assault. Those charges are a third degree felony and a first degree misdemeanor.
Following the announcement of the verdict, Judge Kimbler released Mr. Seliskar on his own recognizance since he still has a felony charge pending. That charge is for Having a Weapon Under a Disability. The two charges were severed for purposes of trial. That charge will be heard at a later date.
Judge Kimbler's Criminal Docket for March 17, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court March 17:
Toni Amodio, 29, of Wolf Avenue in Wadsworth, was sentenced to three years of community control sanctions, with a period of time in a Community Based Corrections Facility, on one count of Possession of Drugs, a fifth-degree felony.
Timothy Carson, 25, of Reeves Lane in Medina, was sentenced to three years of community control sanctions on one count of Attempted Burglary, a fourth-degree felony. He also was ordered to pay $1,100 in restitution.
Bryan Hathaway, 25, of Highland Avenue in Wadsworth, was sentenced to six months in jail, with a period of time in a Community Based Corrections Facility, on one count of Trafficking in Drugs within the Vicinity of a School or Juvenile, a fourth-degree felony.
Jason Moore, 25, of Ash Street in Lodi, was sentenced to one year in prison on one count of Theft, a fifth-degree felony.
Shawn Preib, 55, of Kenmore Avenue in Akron, was sentenced to six months in jail on one count of Theft, a fifth-degree felony.
Michael Valentine, 19, of Cobblestone Court in Wadsworth, was sentenced to one year of community control sanctions on one count of Theft, a fifth-degree felony. He also was ordered to pay $4,500 in restitution to the victim.
Luther Hodge, 53, of Sunset Drive in Lodi, pleaded not guilty to one count of Trafficking in Crack Cocaine, a fourth-degree felony. The charge carries a forfeiture specification. A jury trial is scheduled for May 16.
Tiffany Lavender, 20, of North Lyman Street in Wadsworth, pleaded not guilty to one count of Forgery, a fifth-degree felony. A jury trial is scheduled for May 17.
Noah Torres, 21, of Pearl Road in Brunswick, pleaded no contest to one count of Tampering with Evidence, a third-degree felony. Sentencing is scheduled for April 28.
Medina County Prosecutor
The following people appeared in court March 17:
Toni Amodio, 29, of Wolf Avenue in Wadsworth, was sentenced to three years of community control sanctions, with a period of time in a Community Based Corrections Facility, on one count of Possession of Drugs, a fifth-degree felony.
Timothy Carson, 25, of Reeves Lane in Medina, was sentenced to three years of community control sanctions on one count of Attempted Burglary, a fourth-degree felony. He also was ordered to pay $1,100 in restitution.
Bryan Hathaway, 25, of Highland Avenue in Wadsworth, was sentenced to six months in jail, with a period of time in a Community Based Corrections Facility, on one count of Trafficking in Drugs within the Vicinity of a School or Juvenile, a fourth-degree felony.
Jason Moore, 25, of Ash Street in Lodi, was sentenced to one year in prison on one count of Theft, a fifth-degree felony.
Shawn Preib, 55, of Kenmore Avenue in Akron, was sentenced to six months in jail on one count of Theft, a fifth-degree felony.
Michael Valentine, 19, of Cobblestone Court in Wadsworth, was sentenced to one year of community control sanctions on one count of Theft, a fifth-degree felony. He also was ordered to pay $4,500 in restitution to the victim.
Luther Hodge, 53, of Sunset Drive in Lodi, pleaded not guilty to one count of Trafficking in Crack Cocaine, a fourth-degree felony. The charge carries a forfeiture specification. A jury trial is scheduled for May 16.
Tiffany Lavender, 20, of North Lyman Street in Wadsworth, pleaded not guilty to one count of Forgery, a fifth-degree felony. A jury trial is scheduled for May 17.
Noah Torres, 21, of Pearl Road in Brunswick, pleaded no contest to one count of Tampering with Evidence, a third-degree felony. Sentencing is scheduled for April 28.
Judge Collier's Criminal Docket for March 14, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Collier's court on March 14, 2011:
Charles Dennison, 42, of Third Street in Wadsworth, was sentenced to five years in prison on one count of Failure to Comply with a Police Officer, a third-degree felony. His driver’s license was suspended for life.
Cory Ferguson, 20, of Garfield Avenue in Brunswick, was sentenced to two years of community control sanctions on one count of Assault on a Corrections Officer, a fourth-degree felony.
Kevin Hildebrand, 39, of Vine Street in Sandusky, was sentenced to eight months in prison for a probation violation on an original charge of Forgery, a fifth-degree felony.
Bobby White, 52, of Fenn Road in Medina, was sentenced to one year in prison on one count of Domestic Violence, a third-degree felony.
Reginald Williams, 31, of Drexel Avenue in Cleveland, was sentenced to six months in prison on one count of Trafficking in Heroin, a fourth-degree felony.
David Clouser, 30, of State Road in Medina, pleaded not guilty to one count of Domestic Violence, a third-degree felony. A jury trial is scheduled for May 16.
Douglas Cook, 23, of Watrusa Avenue in Wadsworth, pleaded no contest to one count of Burglary, a third-degree felony. Sentencing is scheduled for April 25.
Matthew Dalgleish, 35, of Abbeyville Road in Medina, pleaded not guilty to one count of Burglary, a third-degree felony. A jury trial is scheduled for May 9.
James Hostetler Jr., of Ruff Road in West Salem, pleaded not guilty to one count of Illegal Manufacture of Drugs, a second-degree felony. A jury trial is scheduled for April 18.
Camilla Malone, 55, of Delhia Avenue in Akron, pleaded guilty to two counts of Trafficking in Drugs, both of which are fifth-degree felonies. Sentencing is scheduled for April 25.
Gerald Massie, 33, of Dutt Road in Norton, pleaded not guilty to one count of Driving Under the Influence of Drugs of Alcohol, a third-degree felony. A jury trial is scheduled for May 23.
Matthew Miller, 41, of County Road 1100 in West Salem, pleaded not guilty to the following charges: one count of Illegal Manufacture of Drugs, a second-degree felony; one count of Carrying a Concealed Weapon, a fourth-degree felony; and one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for June 15.
Joshua Mynatt, 22, of Park Fulton Oval in Cleveland, pleaded not guilty to one count of Trafficking in Crack Cocaine, a third-degree felony. A jury trial is scheduled for May 23.
Samuel Page, 36, of Park Street in Wadsworth, pleaded not guilty to one count of Trafficking in Heroin, a fifth-degree felony. A jury trial is scheduled for May 25.
Tamara Srock, 23, of Eastview Avenue in Wadsworth, pleaded not guilty to one count of Burglary, a second-degree felony, and one count of Possession of Criminal Tools, a fifth-degree felony. A jury trial is scheduled for May 18.
Alexander Watson, 36, of Branch Road in Medina, pleaded not guilty to one count of Domestic Violence, a fifth-degree felony. A jury trial is scheduled for May 16.
Medina County Prosecutor
The following people appeared in Judge Collier's court on March 14, 2011:
Charles Dennison, 42, of Third Street in Wadsworth, was sentenced to five years in prison on one count of Failure to Comply with a Police Officer, a third-degree felony. His driver’s license was suspended for life.
Cory Ferguson, 20, of Garfield Avenue in Brunswick, was sentenced to two years of community control sanctions on one count of Assault on a Corrections Officer, a fourth-degree felony.
Kevin Hildebrand, 39, of Vine Street in Sandusky, was sentenced to eight months in prison for a probation violation on an original charge of Forgery, a fifth-degree felony.
Bobby White, 52, of Fenn Road in Medina, was sentenced to one year in prison on one count of Domestic Violence, a third-degree felony.
Reginald Williams, 31, of Drexel Avenue in Cleveland, was sentenced to six months in prison on one count of Trafficking in Heroin, a fourth-degree felony.
David Clouser, 30, of State Road in Medina, pleaded not guilty to one count of Domestic Violence, a third-degree felony. A jury trial is scheduled for May 16.
Douglas Cook, 23, of Watrusa Avenue in Wadsworth, pleaded no contest to one count of Burglary, a third-degree felony. Sentencing is scheduled for April 25.
Matthew Dalgleish, 35, of Abbeyville Road in Medina, pleaded not guilty to one count of Burglary, a third-degree felony. A jury trial is scheduled for May 9.
James Hostetler Jr., of Ruff Road in West Salem, pleaded not guilty to one count of Illegal Manufacture of Drugs, a second-degree felony. A jury trial is scheduled for April 18.
Camilla Malone, 55, of Delhia Avenue in Akron, pleaded guilty to two counts of Trafficking in Drugs, both of which are fifth-degree felonies. Sentencing is scheduled for April 25.
Gerald Massie, 33, of Dutt Road in Norton, pleaded not guilty to one count of Driving Under the Influence of Drugs of Alcohol, a third-degree felony. A jury trial is scheduled for May 23.
Matthew Miller, 41, of County Road 1100 in West Salem, pleaded not guilty to the following charges: one count of Illegal Manufacture of Drugs, a second-degree felony; one count of Carrying a Concealed Weapon, a fourth-degree felony; and one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for June 15.
Joshua Mynatt, 22, of Park Fulton Oval in Cleveland, pleaded not guilty to one count of Trafficking in Crack Cocaine, a third-degree felony. A jury trial is scheduled for May 23.
Samuel Page, 36, of Park Street in Wadsworth, pleaded not guilty to one count of Trafficking in Heroin, a fifth-degree felony. A jury trial is scheduled for May 25.
Tamara Srock, 23, of Eastview Avenue in Wadsworth, pleaded not guilty to one count of Burglary, a second-degree felony, and one count of Possession of Criminal Tools, a fifth-degree felony. A jury trial is scheduled for May 18.
Alexander Watson, 36, of Branch Road in Medina, pleaded not guilty to one count of Domestic Violence, a fifth-degree felony. A jury trial is scheduled for May 16.
Sunday, March 13, 2011
Judge Kimbler Arraignments for March 10, 2011
Medina County Prosecutor Dean Holman reports that the following defendants appeared in Judge Kimbler's courtroom for arraignments on new criminal charges:
Abdisalan Farah, 28, of Columbus, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for May 11.
Michael Keiner, 34, of West Britton Road in West Salem, pleaded not guilty to one count of Theft, a fourth-degree felony. A jury trial is scheduled for May 17.
Curtis Martin, 37, of Substation Road in Brunswick, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for May 18.
Kenneth Sherman, 53, of Andrus Street in Akron, pleaded not guilty to one count of Trafficking in Cocaine in the Vicinity of a School or Juvenile, a fourth-degree felony. A jury trial is scheduled for May 16.
Jason Stanek, 19, of Aspen Lake Drive in Brunswick, pleaded not guilty to two counts of Vandalism, both of which are fifth-degree felonies. A jury trial is scheduled for May 17.
Randy Tuttle, 27, of East 123rd Street in Cleveland, pleaded not guilty to one count of Trafficking in Crack Cocaine, a fourth-degree felony. A jury trial is scheduled for May 16.
Abdisalan Farah, 28, of Columbus, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for May 11.
Michael Keiner, 34, of West Britton Road in West Salem, pleaded not guilty to one count of Theft, a fourth-degree felony. A jury trial is scheduled for May 17.
Curtis Martin, 37, of Substation Road in Brunswick, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for May 18.
Kenneth Sherman, 53, of Andrus Street in Akron, pleaded not guilty to one count of Trafficking in Cocaine in the Vicinity of a School or Juvenile, a fourth-degree felony. A jury trial is scheduled for May 16.
Jason Stanek, 19, of Aspen Lake Drive in Brunswick, pleaded not guilty to two counts of Vandalism, both of which are fifth-degree felonies. A jury trial is scheduled for May 17.
Randy Tuttle, 27, of East 123rd Street in Cleveland, pleaded not guilty to one count of Trafficking in Crack Cocaine, a fourth-degree felony. A jury trial is scheduled for May 16.
Judge Kimbler Criminal Sentences for March 10, 2011
Medina County Prosecutor Dean Holman reports that the following defendants were sentenced by Judge Kimbler on Thursday, March 10, 2011:
Gregory Blackwood, 50, of South Boulevard in Wadsworth, was sentenced to three years of community control sanctions on one count of Domestic Violence, a fifth-degree felony.
Michael Gaebelein, 30, of Anthony Street in Maple Heights, was sentenced to three years of community control sanctions on two counts of Trafficking in Drugs, both of which are fourth-degree felonies.
Derrick Knapik, 24, of River Street in Lodi, was sentenced to six months in prison on one count of Possession of Heroin, a fifth-degree felony. His driver’s license was suspended for six months.
John McCarty, 19, of Hartman Road in Wadsworth, was sentenced to three years of community control sanctions, with a period of time in a Community Based Control Facility, on two counts of Burglary, one of which is a third-degree felony and one of which is a fourth-degree felony.
Michelle Riggs, 26, of McAllister Road in Akron, was sentenced to one year in prison on the following charges: one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony; one count of Receiving Stolen Property; and two counts of Theft, all of which are fifth-degree felonies.
Luke Rufener, 22, of Heritage Lane in Rittman, was sentenced to three years of community control sanctions, with a period of time in a Community Based Control Facility, on three counts of Burglary, all of which are third-degree felonies.
Gregory Blackwood, 50, of South Boulevard in Wadsworth, was sentenced to three years of community control sanctions on one count of Domestic Violence, a fifth-degree felony.
Michael Gaebelein, 30, of Anthony Street in Maple Heights, was sentenced to three years of community control sanctions on two counts of Trafficking in Drugs, both of which are fourth-degree felonies.
Derrick Knapik, 24, of River Street in Lodi, was sentenced to six months in prison on one count of Possession of Heroin, a fifth-degree felony. His driver’s license was suspended for six months.
John McCarty, 19, of Hartman Road in Wadsworth, was sentenced to three years of community control sanctions, with a period of time in a Community Based Control Facility, on two counts of Burglary, one of which is a third-degree felony and one of which is a fourth-degree felony.
Michelle Riggs, 26, of McAllister Road in Akron, was sentenced to one year in prison on the following charges: one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony; one count of Receiving Stolen Property; and two counts of Theft, all of which are fifth-degree felonies.
Luke Rufener, 22, of Heritage Lane in Rittman, was sentenced to three years of community control sanctions, with a period of time in a Community Based Control Facility, on three counts of Burglary, all of which are third-degree felonies.
Judge Collier's Criminal Docket for March 7, 2011
Medina County Prosecutor Dean Holman reports that the following defendants appeared in Judge Collier's courtroom on Monday, March 7, 2011, for criminal cases:
Marko Milosevic, 31, of Moore Road in Akron, was sentenced to two 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.
Stefan Prince, 23, of Boston Road in Brunswick, was sentenced to six months in prison on one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony.
Brett Blanc, 22, of Fixler Road in Wadsworth, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for June 13.
Jonathan Klein, 44, of Columbia Road in Medina, pleaded no contest to one count of Receiving Stolen Property, a fifth-degree felony. Sentencing is scheduled for April 25.
Robin Moore, 38, of Whitehall Drive in Berea, pleaded no contest to one count of Theft of Credit Cards, a fifth-degree felony. Sentencing is scheduled for April 25.
Michael Nabors, 24, of Jones Road in Wellington, pleaded not guilty to one count of Possession of LSD, a fifth-degree felony and one count of Possession of Drugs, a first-degree misdemeanor. A jury trial is scheduled for June 13.
Jason Pudelski, 35, of Seville Road in Rittman, 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 June 13.
Marko Milosevic, 31, of Moore Road in Akron, was sentenced to two 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.
Stefan Prince, 23, of Boston Road in Brunswick, was sentenced to six months in prison on one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony.
Brett Blanc, 22, of Fixler Road in Wadsworth, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for June 13.
Jonathan Klein, 44, of Columbia Road in Medina, pleaded no contest to one count of Receiving Stolen Property, a fifth-degree felony. Sentencing is scheduled for April 25.
Robin Moore, 38, of Whitehall Drive in Berea, pleaded no contest to one count of Theft of Credit Cards, a fifth-degree felony. Sentencing is scheduled for April 25.
Michael Nabors, 24, of Jones Road in Wellington, pleaded not guilty to one count of Possession of LSD, a fifth-degree felony and one count of Possession of Drugs, a first-degree misdemeanor. A jury trial is scheduled for June 13.
Jason Pudelski, 35, of Seville Road in Rittman, 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 June 13.
Friday, March 11, 2011
Three Defendants Change Plea on Monday, March 7, 2011
Michael N. Cook, Sr., of Greenwich Road, Seville, Ohio appeared in Judge Kimbler's courtroom on Monday, March 7, 2011 and entered a plea of guilty to one count of Assault, a first degree misdemeanor. The charge was amended on motion of the State from a charge of Patient Abuse, a fourth degree felony.
Judge Kimbler ordered a presentence investigation and will impose sentence on April 21, 2011. Mr. Cook's bond was continued pending sentencing.
Aaron T. Deems, of South Main Street in West Salem, Ohio, entered a plea of no contest to two counts of Trafficking in Drugs, one count was for trafficking in heroin and the other was for trafficking in cocaine. Both counts were fifth degree felonies.
Judge Kimbler ordered a presentence investigation after finding Mr. Deems guilty on the no contest plea. Mr. Deems will be sentenced on April 21, 2011. His bond was continued.
Kenneth D. Bellomy of Main Street in Rittman, Ohio, entered a guilty plea to six counts. Two of the counts were felonies of the fourth degree, (Menacing by Stalking), two counts were felonies of the fifth degree, (Breaking and Entering), and two counts were misdemeanors of the first degree, (Violating Terms of a Protection Order). Since Mr. Bellomy entered guilty pleas to six counts, the State dismissed eight counts.
The fourth degree felonies carry a prison sentence of six to 18 months; the fifth degree felonies carry a prison term of six to 12 months; and the first degree misdemeanors carry a jail sentence of 0 to 180 days.
Following the guilty pleas, Judge Kimbler remanded Mr. Bellomy back to the Medina County Jail. Judge Kimbler will impose sentence on April 21, 2011, following a presentence investigation.
Judge Kimbler ordered a presentence investigation and will impose sentence on April 21, 2011. Mr. Cook's bond was continued pending sentencing.
Aaron T. Deems, of South Main Street in West Salem, Ohio, entered a plea of no contest to two counts of Trafficking in Drugs, one count was for trafficking in heroin and the other was for trafficking in cocaine. Both counts were fifth degree felonies.
Judge Kimbler ordered a presentence investigation after finding Mr. Deems guilty on the no contest plea. Mr. Deems will be sentenced on April 21, 2011. His bond was continued.
Kenneth D. Bellomy of Main Street in Rittman, Ohio, entered a guilty plea to six counts. Two of the counts were felonies of the fourth degree, (Menacing by Stalking), two counts were felonies of the fifth degree, (Breaking and Entering), and two counts were misdemeanors of the first degree, (Violating Terms of a Protection Order). Since Mr. Bellomy entered guilty pleas to six counts, the State dismissed eight counts.
The fourth degree felonies carry a prison sentence of six to 18 months; the fifth degree felonies carry a prison term of six to 12 months; and the first degree misdemeanors carry a jail sentence of 0 to 180 days.
Following the guilty pleas, Judge Kimbler remanded Mr. Bellomy back to the Medina County Jail. Judge Kimbler will impose sentence on April 21, 2011, following a presentence investigation.
Wednesday, March 09, 2011
Wadsworth Man Sentenced to Prison for Drug Trafficking
On Friday, March 4, 2011, Judge Kimbler sentenced Samuel D. Page, 37, of Pine Street in Wadsworth, Ohio, to one year in prison for three counts of Trafficking in Drugs. One count was a third degree felony and the other two counts were fourth degree felonies. Judge Kimbler suspended his driver's license for six months and waived all court costs. Mr. Page received credit for 21 days spent in the Medina County Jail before being sentenced.
Judge Kimbler Sentences Five Defendants to Community Control Sanctions
Judge Kimbler sentenced five defendants to community control sanctions on Friday, March 4, 2011. The defendants sentenced were:
Virgle Ray Snyder, 44, of Ashland Street in Barberton, Ohio. Mr. Snyder was sentenced for one count of Attempted Theft, a second degree misdemeanor. Judge Kimbler gave Mr. Snyder a 90 day jail sentence, but suspended the jail sentence on condition that he be supervised by the Medina County Adult Probation Department for two years.
Jennifer A. Mirkovich, 26, of Ledgewood Drive, in Medina, Ohio. Ms. Mirkovich was sentenced for one count of Trafficking in Drugs, a third degree felony. Judge Kimbler ordered her to be supervised by the Medina County Adult Probation Department for three years; ordered her to get drug treatment through the Probation Department's in-house counselor; ordered her to complete 24 hours of community service; ordered her to follow all other conditions imposed by the Probation Department and suspended her driver's license for six months.
Bryan P. Carlton, 25, of Substation Road in Brunswick, Ohio, was sentenced for two counts of Trafficking in Drugs, one count being a third degree felony and the other count being a fifth degree felony. Judge Kimbler ordered him to be supervised by the Probation Department for five years; ordered substance abuse counseling by the Department's in-house counselor; suspended his license for six months; and ordered him to follow all other conditions imposed by the Probation Department.
Matthew Clegg, 18, of Medina Street in Lodi, Ohio, was sentenced for two counts of Trafficking in Drugs, both of which were fifth degree felonies. Judge Kimbler ordered him to be supervised by the Probation Department for three years under intensive supervision following his release from the Lorain-Medina Community Based Correctional Facility; ordered him to obtain drug treatment; ordered him to do 24 hours of community service; ordered him to follow all other conditions imposed by the Probation Department; and suspended his driver's license for six months.
Adam J. Crum, 37, of Emerick Street in Wooster, Ohio, was sentenced for one count of Non-Support of Dependents, a fifth degree felony. Judge Kimbler placed him under supervision by the Probation Department for five years; ordered him to make monthly child support payments; and ordered him to follow all other conditions imposed by the Probation Department.
Virgle Ray Snyder, 44, of Ashland Street in Barberton, Ohio. Mr. Snyder was sentenced for one count of Attempted Theft, a second degree misdemeanor. Judge Kimbler gave Mr. Snyder a 90 day jail sentence, but suspended the jail sentence on condition that he be supervised by the Medina County Adult Probation Department for two years.
Jennifer A. Mirkovich, 26, of Ledgewood Drive, in Medina, Ohio. Ms. Mirkovich was sentenced for one count of Trafficking in Drugs, a third degree felony. Judge Kimbler ordered her to be supervised by the Medina County Adult Probation Department for three years; ordered her to get drug treatment through the Probation Department's in-house counselor; ordered her to complete 24 hours of community service; ordered her to follow all other conditions imposed by the Probation Department and suspended her driver's license for six months.
Bryan P. Carlton, 25, of Substation Road in Brunswick, Ohio, was sentenced for two counts of Trafficking in Drugs, one count being a third degree felony and the other count being a fifth degree felony. Judge Kimbler ordered him to be supervised by the Probation Department for five years; ordered substance abuse counseling by the Department's in-house counselor; suspended his license for six months; and ordered him to follow all other conditions imposed by the Probation Department.
Matthew Clegg, 18, of Medina Street in Lodi, Ohio, was sentenced for two counts of Trafficking in Drugs, both of which were fifth degree felonies. Judge Kimbler ordered him to be supervised by the Probation Department for three years under intensive supervision following his release from the Lorain-Medina Community Based Correctional Facility; ordered him to obtain drug treatment; ordered him to do 24 hours of community service; ordered him to follow all other conditions imposed by the Probation Department; and suspended his driver's license for six months.
Adam J. Crum, 37, of Emerick Street in Wooster, Ohio, was sentenced for one count of Non-Support of Dependents, a fifth degree felony. Judge Kimbler placed him under supervision by the Probation Department for five years; ordered him to make monthly child support payments; and ordered him to follow all other conditions imposed by the Probation Department.
Hyundai Wins Jury Trial in Judge Kimbler's Courtroom
Hyundai Motors of American won a two day jury trial in Judge Kimbler's courtroom when a jury returned a verdict in its favor on a lawsuit filed by a Brunswick man. Harry C. Walton of Salem Lane in Brunswick, Ohio, filed the lawsuit alleging violation of Ohio's Lemon Law; breach of implied warranty of merchantability; breach of express warranty; violation of Ohio's Consumer Sales Protection Act; and the tort of violation of the implied warranty of merchantability.
At the conclusion of Mr. Walton's case, Judge Kimbler granted a motion for a directed verdict on two of the claims. Those claims were for violation of the Consumer Sales Protection Act and for breach of an implied warranty under Ohio's version of Article II of the Uniform Commercial Code.
Judge Kimbler ruled that while Mr. Walton had established that Hyundai was a "supplier" under the Consumer Sales Protection Act, he did not introduce enough evidence to allow the jury to conclude that the alleged unfair or deceptive acts had been committed by an agent or employee of Hyundai. Mr. Walton's evidence established that certain representations were made to him by employees of a Hyundai dealer, but there was no evidence establishing the nature of the relationship between the dealership and Hyundai.
With respect to the claim for breach of the implied warrant of merchantability, Judge Kimbler held that there was no evidence that Hyundai and Mr. Walton were in privity of contract. Under a recent decision of the Ohio Supreme Court there has to be privity of contract before there can be a valid claim for breach of the implied warrant of merchantability. Although the evidence established that there was privity of contract between Mr. Walton and the Hyundai dealership, there was not enough evidence to establish that there was privity between Mr. Walton and Hyundai. Mr. Walton only brought his lawsuit against Hyundai and not against any Hyundai dealership.
After deliberating, the jury returned a verdict in favor of Hyundai on all remaining counts. Those counts were for violation of Ohio's Lemon Law; breach of an express warranty; and the tort of breach of implied warranty. The trial started on Monday, March 7 and concluded on Wednesday, March 9, 2011.
At the conclusion of Mr. Walton's case, Judge Kimbler granted a motion for a directed verdict on two of the claims. Those claims were for violation of the Consumer Sales Protection Act and for breach of an implied warranty under Ohio's version of Article II of the Uniform Commercial Code.
Judge Kimbler ruled that while Mr. Walton had established that Hyundai was a "supplier" under the Consumer Sales Protection Act, he did not introduce enough evidence to allow the jury to conclude that the alleged unfair or deceptive acts had been committed by an agent or employee of Hyundai. Mr. Walton's evidence established that certain representations were made to him by employees of a Hyundai dealer, but there was no evidence establishing the nature of the relationship between the dealership and Hyundai.
With respect to the claim for breach of the implied warrant of merchantability, Judge Kimbler held that there was no evidence that Hyundai and Mr. Walton were in privity of contract. Under a recent decision of the Ohio Supreme Court there has to be privity of contract before there can be a valid claim for breach of the implied warrant of merchantability. Although the evidence established that there was privity of contract between Mr. Walton and the Hyundai dealership, there was not enough evidence to establish that there was privity between Mr. Walton and Hyundai. Mr. Walton only brought his lawsuit against Hyundai and not against any Hyundai dealership.
After deliberating, the jury returned a verdict in favor of Hyundai on all remaining counts. Those counts were for violation of Ohio's Lemon Law; breach of an express warranty; and the tort of breach of implied warranty. The trial started on Monday, March 7 and concluded on Wednesday, March 9, 2011.
Judge Kimbler Arraignments for March 4, 2011
Medina County Prosecutor Dean Holman reports that the following defendants were arraigned in Judge Kimbler's courtroom on Friday, March 4, 2011:
Gary Buckingham, 33, of Burbank, pleaded not guilty to two counts of Trafficking in Heroin, one of which is a third-degree felony and one of which is a fourth-degree felony. A jury trial is scheduled for April 25.
Maurice McNear, 53, of East 85th Street in Cleveland, pleaded not guilty to one count of Theft, a fourth-degree felony and one count of Breaking and Entering, a fifth-degree felony. A jury trial is scheduled for April 27.
Joshua Scharfenberg, 27, of Wooster Street in Lodi, pleaded not guilty to one count of Trafficking in a Counterfeit Controlled Substance, a fifth-degree felony. A jury trial is scheduled for May 11.
Gary Buckingham, 33, of Burbank, pleaded not guilty to two counts of Trafficking in Heroin, one of which is a third-degree felony and one of which is a fourth-degree felony. A jury trial is scheduled for April 25.
Maurice McNear, 53, of East 85th Street in Cleveland, pleaded not guilty to one count of Theft, a fourth-degree felony and one count of Breaking and Entering, a fifth-degree felony. A jury trial is scheduled for April 27.
Joshua Scharfenberg, 27, of Wooster Street in Lodi, pleaded not guilty to one count of Trafficking in a Counterfeit Controlled Substance, a fifth-degree felony. A jury trial is scheduled for May 11.
Tuesday, March 08, 2011
Four Change Plea in Judge Kimbler's Courtroom
Medina County Prosecutor Dean Holman reports that four defendants changed plea in Judge Kimbler's courtroom on Friday, March 4, 2011:
Tonya Faulkner, 35, of Springdale Street in Akron, pleaded no contest to one count of Complicity to Commit Trafficking in Crack Cocaine, a fourth-degree felony. Sentencing is scheduled for April 11.
David Huff, 30, of Avon Lake Road in Lodi, pleaded no contest to one count of Theft, a fifth-degree felony. A jury trial is scheduled for May 10.
Samuel Page, 36, of Pine Street in Wadsworth, pleaded guilty and was sentenced to one year in prison on one count of Trafficking in Oxycodone, a third-degree felony and two counts of Trafficking in Drugs, both of which are fourth-degree felonies.
Dwight Simpson, 54, of Lampson Avenue in Medina, pleaded no contest to one count of Having Weapons While Under Disability, a third-degree felony. Sentencing is scheduled for April 11.
Tonya Faulkner, 35, of Springdale Street in Akron, pleaded no contest to one count of Complicity to Commit Trafficking in Crack Cocaine, a fourth-degree felony. Sentencing is scheduled for April 11.
David Huff, 30, of Avon Lake Road in Lodi, pleaded no contest to one count of Theft, a fifth-degree felony. A jury trial is scheduled for May 10.
Samuel Page, 36, of Pine Street in Wadsworth, pleaded guilty and was sentenced to one year in prison on one count of Trafficking in Oxycodone, a third-degree felony and two counts of Trafficking in Drugs, both of which are fourth-degree felonies.
Dwight Simpson, 54, of Lampson Avenue in Medina, pleaded no contest to one count of Having Weapons While Under Disability, a third-degree felony. Sentencing is scheduled for April 11.
Monday, March 07, 2011
Medina County Adult Probation Department Report for February, 2011
Medina County Chief Probation Officer Veronica Perry reports that Judge Collier and Judge Kimbler made the following referrals and assignments to her department in February of 2011:
Judge Collier assigned 10 defendants to intensive supervised probation.
Judge Kimbler assigned 12 defendants to general supervision and Judge Collier assigned two defendants to general supervision.
Judge Kimbler referred eight defendants to community service in February and Judge Collier assigned two defendants to community service.
Judge Kimbler made one home incarceration assignment.
Judge Kimbler ordered 14 defendants to report to the Department's Bond Reporting Officer as a condition of their bond and Judge Collier imposed that condition on two defendants.
Judge Kimbler referred 14 defendants for a presentence investigation and Judge Collier referred nine defendants for a psi.
Judge Kimbler referred one defendant to the Department for a report on whether that defendant is eligible for intervention in lieu of conviction and also placed one defendant in that program.
Judge Collier referred three defendants to see if they could have their convictions expunged.
Judge Collier assigned 10 defendants to intensive supervised probation.
Judge Kimbler assigned 12 defendants to general supervision and Judge Collier assigned two defendants to general supervision.
Judge Kimbler referred eight defendants to community service in February and Judge Collier assigned two defendants to community service.
Judge Kimbler made one home incarceration assignment.
Judge Kimbler ordered 14 defendants to report to the Department's Bond Reporting Officer as a condition of their bond and Judge Collier imposed that condition on two defendants.
Judge Kimbler referred 14 defendants for a presentence investigation and Judge Collier referred nine defendants for a psi.
Judge Kimbler referred one defendant to the Department for a report on whether that defendant is eligible for intervention in lieu of conviction and also placed one defendant in that program.
Judge Collier referred three defendants to see if they could have their convictions expunged.
Foreclosures Decline in 2010 Compared to 2009
Linda Gerberich, Administrative Assistant to Judge James Kimbler, prepared a report for Judge Kimbler showing the number of foreclosures for 2008 through February of 2011. The number of foreclosures declined in 2010 compared to 2009.
There is some concern, though, that the decline is due to the fact that a number of mortgage holders suspended foreclosure cases during 2010 due to the allegations of fraud in the signing of court documents. Since most mortgage holders have lifted their suspensions of foreclosure actions, there is concern that the number this year may exceed 2010. Whether that happens will not be known until later in 2011.
Foreclosures - Judge Kimbler
2008 2009 2010 2011
January 46 57 34 56
February 41 53 45 31
March 57 66 69
April 53 59 53
May 48 58 52
June 36 61 53
July 47 62 51
August 40 47 48
September 40 47 47
October 42 43 50
November 27 43 41
December 41 58 41
Total 518 654 584
There is some concern, though, that the decline is due to the fact that a number of mortgage holders suspended foreclosure cases during 2010 due to the allegations of fraud in the signing of court documents. Since most mortgage holders have lifted their suspensions of foreclosure actions, there is concern that the number this year may exceed 2010. Whether that happens will not be known until later in 2011.
Foreclosures - Judge Kimbler
2008 2009 2010 2011
January 46 57 34 56
February 41 53 45 31
March 57 66 69
April 53 59 53
May 48 58 52
June 36 61 53
July 47 62 51
August 40 47 48
September 40 47 47
October 42 43 50
November 27 43 41
December 41 58 41
Total 518 654 584
Judge Collier Criminal Sentences for February 28, 2011
Medina County Prosecutor Dean Holman reports that the following defendants were sentenced by Judge Christopher Collier on Monday, February 28, 2011:
Chloe Beebe, 30, of Euclid Avenue in Wadsworth, was sentenced to one year in prison on one count of Escape, a third-degree felony and one count of Theft of a Motor Vehicle, a fourth-degree felony.
Kyle Copley, 23, of Skypark Drive in Wadsworth, was sentenced to two years in prison on one count of Burglary, a second-degree felony. He also was ordered to pay $300 in restitution to the victim.
Joseph Leachman, 26, of West 105th Street in Cleveland, was sentenced to two years of community control sanctions, with 90 days in jail, on one count of Possession of Heroin, a fifth-degree felony. His driver’s license was suspended for six months.
Juan Morrow, 22, of Miles Road in Cleveland, was sentenced to two years of community control sanctions on one count of Misuse of Credit Cards, a fifth-degree felony.
Amber Reeve, 23, of Phelps Avenue in Cuyahoga Falls, was sentenced to six months in prison for a probation violation on an original charge of Unauthorized Use of a Motor Vehicle, a fifth-degree felony.
Chloe Beebe, 30, of Euclid Avenue in Wadsworth, was sentenced to one year in prison on one count of Escape, a third-degree felony and one count of Theft of a Motor Vehicle, a fourth-degree felony.
Kyle Copley, 23, of Skypark Drive in Wadsworth, was sentenced to two years in prison on one count of Burglary, a second-degree felony. He also was ordered to pay $300 in restitution to the victim.
Joseph Leachman, 26, of West 105th Street in Cleveland, was sentenced to two years of community control sanctions, with 90 days in jail, on one count of Possession of Heroin, a fifth-degree felony. His driver’s license was suspended for six months.
Juan Morrow, 22, of Miles Road in Cleveland, was sentenced to two years of community control sanctions on one count of Misuse of Credit Cards, a fifth-degree felony.
Amber Reeve, 23, of Phelps Avenue in Cuyahoga Falls, was sentenced to six months in prison for a probation violation on an original charge of Unauthorized Use of a Motor Vehicle, a fifth-degree felony.
Judge Collier Arraignments for February 28, 2011
Medina County Prosecutor Dean Holman reports that the following defendants appeared in Judge Collier's courtroom on Monday, February 28, 2011 for arraignments on new criminal charges:
Dennis Agnes, 40, of Sneider Road NW in Canton, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for June 6.
Jason Mullins, 35, of Tolbert Street in Wadsworth, pleaded not guilty to two counts of Trafficking in Drugs, both of which are fifth-degree felonies. A jury trial is scheduled for June 8.
Breann Scheidler, 21, of Parsons Road in Lagrange, pleaded not guilty to the following charges: one count of Theft from the Elderly; one count of Theft of a Credit Card; and one count of Misuse of Credit Cards, Elderly, all of which are fifth-degree felonies. A jury trial is scheduled for June 6.
Dennis Agnes, 40, of Sneider Road NW in Canton, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for June 6.
Jason Mullins, 35, of Tolbert Street in Wadsworth, pleaded not guilty to two counts of Trafficking in Drugs, both of which are fifth-degree felonies. A jury trial is scheduled for June 8.
Breann Scheidler, 21, of Parsons Road in Lagrange, pleaded not guilty to the following charges: one count of Theft from the Elderly; one count of Theft of a Credit Card; and one count of Misuse of Credit Cards, Elderly, all of which are fifth-degree felonies. A jury trial is scheduled for June 6.
Judge Kimbler Probation Violations for March 4, 2011
Medina County Chief Adult Probation Officer Veronica Perry reports that the following probationers appeared in Judge Kimbler's courtroom on March 4, 2011 on supervision complaint violations. The name of the probationer and the case number are highlighted below.
09CR0335s Wemmer, Nicholas 3/4/2011 PV Hearing: Admits - Sentenced to 11 days MCJ w/11 days credit. Transfer to ISP supervision w/weekly drug screens; fees for PV waived
10CR0228 Wallace, Diane 3/4/2011 PV Hearing: Admits - IILOC terminated and PSI ordered. OR Bond given. PV costs waived..
10CR0342 Wilmington Stacey 3/4/2011 PV Hearing: 10 days MCJ w/10 days credit; to be assessed by SBH and follow all recommendations; supervision continued. PV costs waived
09CR0335s Wemmer, Nicholas 3/4/2011 PV Hearing: Admits - Sentenced to 11 days MCJ w/11 days credit. Transfer to ISP supervision w/weekly drug screens; fees for PV waived
10CR0228 Wallace, Diane 3/4/2011 PV Hearing: Admits - IILOC terminated and PSI ordered. OR Bond given. PV costs waived..
10CR0342 Wilmington Stacey 3/4/2011 PV Hearing: 10 days MCJ w/10 days credit; to be assessed by SBH and follow all recommendations; supervision continued. PV costs waived
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