Medina County Chief Adult Probation Officer Veronica Perry reports that the following defendants appeared in front of Judge Kimbler for probation violation hearings on Thursday, May 26, 2011:
10CR0175 CARSON, TIMOTHY 5/26/2011 PV HEARING - ADMITS. HEARING SET FOR JUNE 3.
09CR0391 ISENHART, ASHLEY 5/26/2011 PV HEARING - 45 DAYS MCJ W/CREDIT FOR 21 DAYS. PROBATION TERMINATED ONCE RELEASED FROM JAIL. ALL COSTS ARE WAIVED
07CR0399 TUMBIOLA, GREGORY 5/26/2011 PV HEARING - ADMITS - DEF. TO GET D/A ASSESSMENT THRU APD IN-HOUSE COUNSELOR; COSTS ASSESSED
Saturday, May 28, 2011
Friday, May 27, 2011
Changes to Local Rules for Medina County Domestic Relations Court
NOTICE OF CHANGES TO THE
LOCAL RULES OF THE
COURT OF COMMON PLEAS
DOMESTIC RELATIONS DIVISION
MEDINA COUNTY, OHIOThe attached documents are changes to the Local Rules and forms of the Court of Common Pleas, Domestic Relations Division, Medina County, Ohio.
These changes will be filed with the Supreme Court and the miscellaneous docket of the Court of Common Pleas on or about June 1, 2011. It is anticipated these changes shall be fully implemented in practice by July 1, 2011.
These changes are offered for your comment until June 1, 2011.
Please realize that these changes are, for the most part, memorializing in writing the practice of the Court and ensuring compliance with new Supreme Court privacy rules that have come into existence since the Court’s last promulgation of Local Rules. The truly substantive changes are to local forms regarding motions and affidavits for temporary orders and the notice of filing form (which is now a notice of submission). The other changes incorporate definitions and policies about what information is public and should be filed with the Clerk and what information is considered not fully public and should be submitted to the Court for consideration.
Please respond to the electronic publication of this information, or email the Court at medinadomesticrelations@medinaco.org or write to the Medina County Domestic Relations Court, 99 Public Square, Medina, OH 44256, ATTN: New Rules.
Thank you for your input,
Judge Mary Kovack
Editor's Note: You can see the proposed changes by following these instructions:
You can read them by going to http://www.medinadomesticrelations.org/ and then click on the tab on the right hand side labeled "Local Rules and Forms". When you get to that page, you will then see a tab for amendments on the left hand side of the page. Click on that and it will take you to a link for the proposed changes. It will look like this: June 01, 2011 Proposed Amendments for Comment (PDF Version/Adobe Reader Required). Click on that link to read the proposed changes.
LOCAL RULES OF THE
COURT OF COMMON PLEAS
DOMESTIC RELATIONS DIVISION
MEDINA COUNTY, OHIOThe attached documents are changes to the Local Rules and forms of the Court of Common Pleas, Domestic Relations Division, Medina County, Ohio.
These changes will be filed with the Supreme Court and the miscellaneous docket of the Court of Common Pleas on or about June 1, 2011. It is anticipated these changes shall be fully implemented in practice by July 1, 2011.
These changes are offered for your comment until June 1, 2011.
Please realize that these changes are, for the most part, memorializing in writing the practice of the Court and ensuring compliance with new Supreme Court privacy rules that have come into existence since the Court’s last promulgation of Local Rules. The truly substantive changes are to local forms regarding motions and affidavits for temporary orders and the notice of filing form (which is now a notice of submission). The other changes incorporate definitions and policies about what information is public and should be filed with the Clerk and what information is considered not fully public and should be submitted to the Court for consideration.
Please respond to the electronic publication of this information, or email the Court at medinadomesticrelations@medinaco.org or write to the Medina County Domestic Relations Court, 99 Public Square, Medina, OH 44256, ATTN: New Rules.
Thank you for your input,
Judge Mary Kovack
Editor's Note: You can see the proposed changes by following these instructions:
You can read them by going to http://www.medinadomesticrelations.org/ and then click on the tab on the right hand side labeled "Local Rules and Forms". When you get to that page, you will then see a tab for amendments on the left hand side of the page. Click on that and it will take you to a link for the proposed changes. It will look like this: June 01, 2011 Proposed Amendments for Comment (PDF Version/Adobe Reader Required). Click on that link to read the proposed changes.
Tuesday, May 24, 2011
Voluntary Dismissals & Court Costs
I recently issued a decision on whether a party who dismisses after a settlement can recover court costs under the Ohio Rules of Civil Procedure. I concluded that since only a "prevailing" party can recover court costs and since there is no such party when there is a settlement followed by a voluntary dismissal, the party dismissing the case can not recover its costs. Excerpts from my decision appear below:
This matter is before the Court on Plaintiff's Motion to Dismiss and Assessment of Court Costs. Upon due consideration, the Court finds that said motion is not well taken, in part.
This is a foreclosure action in which Plaintiff seeks to dismiss its Complaint and assess the costs of the action against the Defendant homeowners. Plaintiff contends that the Court has the power to assess the costs against the Defendants pursuant to Ohio Civil Rule 54 (D). Civ. R. 54 (D) states “except when express provision therefore is made either in a statute or in these rules, costs shall be allowed to the prevailing party unless the court otherwise directs.”
In Ohio Civil Rights Commission v. GMS Management Co., Inc., 2000 Ohio App. LEXIS 2827 (2000), The Ninth District Court of Appeals held “ a dismissal pursuant to Civ. R. 41(A) does not adjudicate the merits of the claim and does not produce a prevailing party.” The Court held that a voluntary dismissal returns the parties to the position they were in prior to the filing of the case.
This Court finds that in an action where Plaintiff voluntarily dismisses its case, and has not so dismissed once before, there is no prevailing party. Therefore, the provision is Civ. R. 54(D) does not apply to this action.
Medina County Court of Common Pleas, Rules of the General Division, Rule 10 (D) states “Upon voluntary dismissal of any action or claim, court costs associated with that claim shall be assessed to the dismissing parties unless otherwise ordered by the Court.”
This Court finds that assessing the costs against the Defendant homeowners would not return them to the position they were in prior to the commencement of the action. Therefore, the Court finds that there is not a compelling reason to alter the general rule that the party that dismisses a case is responsible for the costs of that action.
This matter is before the Court on Plaintiff's Motion to Dismiss and Assessment of Court Costs. Upon due consideration, the Court finds that said motion is not well taken, in part.
This is a foreclosure action in which Plaintiff seeks to dismiss its Complaint and assess the costs of the action against the Defendant homeowners. Plaintiff contends that the Court has the power to assess the costs against the Defendants pursuant to Ohio Civil Rule 54 (D). Civ. R. 54 (D) states “except when express provision therefore is made either in a statute or in these rules, costs shall be allowed to the prevailing party unless the court otherwise directs.”
In Ohio Civil Rights Commission v. GMS Management Co., Inc., 2000 Ohio App. LEXIS 2827 (2000), The Ninth District Court of Appeals held “ a dismissal pursuant to Civ. R. 41(A) does not adjudicate the merits of the claim and does not produce a prevailing party.” The Court held that a voluntary dismissal returns the parties to the position they were in prior to the filing of the case.
This Court finds that in an action where Plaintiff voluntarily dismisses its case, and has not so dismissed once before, there is no prevailing party. Therefore, the provision is Civ. R. 54(D) does not apply to this action.
Medina County Court of Common Pleas, Rules of the General Division, Rule 10 (D) states “Upon voluntary dismissal of any action or claim, court costs associated with that claim shall be assessed to the dismissing parties unless otherwise ordered by the Court.”
This Court finds that assessing the costs against the Defendant homeowners would not return them to the position they were in prior to the commencement of the action. Therefore, the Court finds that there is not a compelling reason to alter the general rule that the party that dismisses a case is responsible for the costs of that action.
Judge Kimbler's Criminal Docket for May 20, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Kimbler's court on May 20,2011 for criminal cases:
Kristopher Buterbaugh, 22, of Lodi Road in Lodi, was sentenced to six months in jail on one count of Possession of Heroin, a fifth-degree felony. His driver’s license was suspended for six months.
Birchie Callison, 52, of West Virginia, was sentenced to five years of community control sanctions on four counts of Non-Support of Dependents, all of which are fifth-degree felonies.
Alison Keiner, 34, of Pittsburgh Avenue in Wooster, was sentenced to four years of community control sanctions on one count of Theft, a fourth-degree felony. She also was ordered to pay $7,033.45 in restitution.
Jamar Robinson, 33, of Meigs Boulevard in Brook Park, was sentenced to six months in prison on two counts of Trafficking in Cocaine, both of which are fifth-degree felonies. His driver’s license was suspended for six months.
Dennis Agnes, 41, of Sneider Road NW in Canton, pleaded guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. Sentencing is scheduled for July 5.
Tammy Coates, 42, of Campbellsport Road in Ravenna, pleaded no contest to two counts of Driving Under the Influence of Drugs or Alcohol, both of which are third-degree felonies. Sentencing is scheduled for June 23.
Daniel Gawlikowski, 61, of Tennessee, pleaded not guilty to one count of Tampering with Records, a third-degree felony and one count of Forgery, a fifth-degree felony. A jury trial is scheduled for July 19.
Daniel Hale, 33, of Tate Avenue in Cleveland, pleaded not guilty to the following charges: two counts of Burglary, both of which are second-degree felonies; two counts of Breaking and Entering; one count of Theft; one count of Attempted Theft of a Motor Vehicle; and one count of Possessing Criminal Tools, all of which are fifth-degree felonies. A jury trial is scheduled for July 18.
Willard Harris III, 25, of Bosworth Road in Cleveland, pleaded not guilty to one count of Trafficking in Cocaine, a second-degree felony. A jury trial is scheduled for June 20.
Robert Koprivnyak, 18, of Wooster Pike Road in Seville, pleaded not guilty to one count of Trafficking in Drugs, a fourth-degree felony. The charge carries a forfeiture specification. A jury trial is scheduled for August 15.
Joseph Tracy, 33, of Sunset Drive in Lodi, pleaded no contest to three counts of Pandering Sexually Oriented Matter Involving a Minor, all of which are second-degree felonies and 17 counts of Illegal Use of a Minor in Nudity-Oriented Material or Performance, all of which are fifth-degree felonies. Sentencing is scheduled for July 8.
Rebecca Tyrpak, 24, of Clearbrook Drive in Brunswick, pleaded not guilty to one count of Theft of a Check, a fifth-degree felony. A jury trial is scheduled for July 26.
William Ungor III, 20, of Raymond Drive in Brunswick, pleaded not guilty to one count of Burglary, a second-degree felon and one count of Theft, a fifth-degree felony. A jury trial is scheduled for July 25.
Christina Valentino, 29, of River Styx Road in Medina, pleaded not guilty to one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for July 7.
Christopher Zevchek, 18, of Thorpe Circle in Brunswick, pleaded not guilty to one count of Burglary, a second-degree felon and one count of Theft, a fifth-degree felony. A jury trial is scheduled for July 19.
Medina County Prosecutor
The following people appeared in Judge Kimbler's court on May 20,2011 for criminal cases:
Kristopher Buterbaugh, 22, of Lodi Road in Lodi, was sentenced to six months in jail on one count of Possession of Heroin, a fifth-degree felony. His driver’s license was suspended for six months.
Birchie Callison, 52, of West Virginia, was sentenced to five years of community control sanctions on four counts of Non-Support of Dependents, all of which are fifth-degree felonies.
Alison Keiner, 34, of Pittsburgh Avenue in Wooster, was sentenced to four years of community control sanctions on one count of Theft, a fourth-degree felony. She also was ordered to pay $7,033.45 in restitution.
Jamar Robinson, 33, of Meigs Boulevard in Brook Park, was sentenced to six months in prison on two counts of Trafficking in Cocaine, both of which are fifth-degree felonies. His driver’s license was suspended for six months.
Dennis Agnes, 41, of Sneider Road NW in Canton, pleaded guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. Sentencing is scheduled for July 5.
Tammy Coates, 42, of Campbellsport Road in Ravenna, pleaded no contest to two counts of Driving Under the Influence of Drugs or Alcohol, both of which are third-degree felonies. Sentencing is scheduled for June 23.
Daniel Gawlikowski, 61, of Tennessee, pleaded not guilty to one count of Tampering with Records, a third-degree felony and one count of Forgery, a fifth-degree felony. A jury trial is scheduled for July 19.
Daniel Hale, 33, of Tate Avenue in Cleveland, pleaded not guilty to the following charges: two counts of Burglary, both of which are second-degree felonies; two counts of Breaking and Entering; one count of Theft; one count of Attempted Theft of a Motor Vehicle; and one count of Possessing Criminal Tools, all of which are fifth-degree felonies. A jury trial is scheduled for July 18.
Willard Harris III, 25, of Bosworth Road in Cleveland, pleaded not guilty to one count of Trafficking in Cocaine, a second-degree felony. A jury trial is scheduled for June 20.
Robert Koprivnyak, 18, of Wooster Pike Road in Seville, pleaded not guilty to one count of Trafficking in Drugs, a fourth-degree felony. The charge carries a forfeiture specification. A jury trial is scheduled for August 15.
Joseph Tracy, 33, of Sunset Drive in Lodi, pleaded no contest to three counts of Pandering Sexually Oriented Matter Involving a Minor, all of which are second-degree felonies and 17 counts of Illegal Use of a Minor in Nudity-Oriented Material or Performance, all of which are fifth-degree felonies. Sentencing is scheduled for July 8.
Rebecca Tyrpak, 24, of Clearbrook Drive in Brunswick, pleaded not guilty to one count of Theft of a Check, a fifth-degree felony. A jury trial is scheduled for July 26.
William Ungor III, 20, of Raymond Drive in Brunswick, pleaded not guilty to one count of Burglary, a second-degree felon and one count of Theft, a fifth-degree felony. A jury trial is scheduled for July 25.
Christina Valentino, 29, of River Styx Road in Medina, pleaded not guilty to one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for July 7.
Christopher Zevchek, 18, of Thorpe Circle in Brunswick, pleaded not guilty to one count of Burglary, a second-degree felon and one count of Theft, a fifth-degree felony. A jury trial is scheduled for July 19.
Judge Collier's Criminal Docket for May 23, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Collier's court on May 23, 2011 for criminal cases:
Joseph Steidl, 51, of Westfield Road in Westfield Center, was sentenced to one year in prison on one count of Attempted Sexual Battery, a fourth-degree felony. He also was labeled a Tier III Sex Offender.
Chase Good, 35, of Lafayette Road in Medina, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Domestic Violence, a third-degree felony.
Lynn Watson, 42, of North Lyman Street in Wadsworth, was sentenced to one year in prison on five counts of Endangering Children, all of which are fourth-degree felonies.
Ronald Dangelo, 67, of Lander Road in Mayfield Heights, pleaded not guilty to one count of Receiving Stolen Property, a fourth-degree felony. A jury trial is scheduled for September 6.
Scott Davis, 21, of Clay Court in Brunswick, pleaded not guilty to three counts of Trafficking in Marijuana, all of which are fifth-degree felonies. A jury trial is scheduled for July 11.
Bryan Hathaway, 25, of South Lyman Street in Wadsworth, pleaded not guilty to one count of Convey Prohibited Items to Detention Facility, a third-degree felony. A jury trial is scheduled for July 25.
Carolyn Hickman, 30, of Pennsylvania, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for September 6.
Melissa Jones, 50, of Wadsworth Road in Medina, pleaded not guilty to five counts of Unlawful Sexual Conduct with a Minor, all of which are third-degree felonies; one count of Corrupting Another with Drugs, a fourth-degree felony; and eight counts of Contributing to the Unruliness or Delinquency of a Minor, all of which are first-degree misdemeanors. A jury trial is scheduled for September 6.
Angela Miliano, 23, of Miner Drive in Medina, pleaded not guilty to one count of Identity Theft, a third-degree felony; two counts of Forgery, both of which are fifth-degree felonies; three counts of Misuse of Credit Cards, Elderly, all of which are fifth-degree felonies; one count of Complicity of Misuse of Credit Cards, Elderly, a fifth-degree felony. A jury trial is scheduled for August 8.
Vonte Richmond II, 57, of Blue Stone Road in Cleveland, pleaded not guilty to one count of Breaking and Entering, a fifth-degree felony. A jury trial is scheduled for September 6.
Joshua Roper, 25, of Lisa Court in Lodi, pleaded not guilty to one count of Misuse of Credit Cards, Elderly, a fifth-degree felony. A jury trial is scheduled for July 25.
Medina County Prosecutor
The following people appeared in Judge Collier's court on May 23, 2011 for criminal cases:
Joseph Steidl, 51, of Westfield Road in Westfield Center, was sentenced to one year in prison on one count of Attempted Sexual Battery, a fourth-degree felony. He also was labeled a Tier III Sex Offender.
Chase Good, 35, of Lafayette Road in Medina, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Domestic Violence, a third-degree felony.
Lynn Watson, 42, of North Lyman Street in Wadsworth, was sentenced to one year in prison on five counts of Endangering Children, all of which are fourth-degree felonies.
Ronald Dangelo, 67, of Lander Road in Mayfield Heights, pleaded not guilty to one count of Receiving Stolen Property, a fourth-degree felony. A jury trial is scheduled for September 6.
Scott Davis, 21, of Clay Court in Brunswick, pleaded not guilty to three counts of Trafficking in Marijuana, all of which are fifth-degree felonies. A jury trial is scheduled for July 11.
Bryan Hathaway, 25, of South Lyman Street in Wadsworth, pleaded not guilty to one count of Convey Prohibited Items to Detention Facility, a third-degree felony. A jury trial is scheduled for July 25.
Carolyn Hickman, 30, of Pennsylvania, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for September 6.
Melissa Jones, 50, of Wadsworth Road in Medina, pleaded not guilty to five counts of Unlawful Sexual Conduct with a Minor, all of which are third-degree felonies; one count of Corrupting Another with Drugs, a fourth-degree felony; and eight counts of Contributing to the Unruliness or Delinquency of a Minor, all of which are first-degree misdemeanors. A jury trial is scheduled for September 6.
Angela Miliano, 23, of Miner Drive in Medina, pleaded not guilty to one count of Identity Theft, a third-degree felony; two counts of Forgery, both of which are fifth-degree felonies; three counts of Misuse of Credit Cards, Elderly, all of which are fifth-degree felonies; one count of Complicity of Misuse of Credit Cards, Elderly, a fifth-degree felony. A jury trial is scheduled for August 8.
Vonte Richmond II, 57, of Blue Stone Road in Cleveland, pleaded not guilty to one count of Breaking and Entering, a fifth-degree felony. A jury trial is scheduled for September 6.
Joshua Roper, 25, of Lisa Court in Lodi, pleaded not guilty to one count of Misuse of Credit Cards, Elderly, a fifth-degree felony. A jury trial is scheduled for July 25.
Friday, May 20, 2011
Judge Collier's Criminal Docket for May 16, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Collier's court for criminal cases on May 16, 2011:
Terry Sense, 37, of Silvercreek Road in Doylestown, was sentenced to four years in prison on 28 counts of Corrupting Another with Drugs, all of which are fourth-degree felonies and 14 counts of Contributing to the Unruliness of a Minor, all of which are first-degree misdemeanors.
Alexander Watson, 36, of Branch Road in Medina, was sentenced to six months in prison on one count of Domestic Violence, a fifth-degree felony.
Selena Zak, 29, of Lodi Road in West Salem, was sentenced to two years in prison on two counts of Complicity to Commit Robbery, one of which is a second-degree felony and one of which is a third-degree felony.
Kristopher Buterbaugh, 22, of Lodi Road in Lodi, pleaded not guilty to one count of Complicity to Commit Burglary, a second-degree felony and one count of Possession of Criminal Tools, a fifth-degree felony. A jury trial is scheduled for July 25.
Jermaine Jackson, 40, of Woodhill Road in Cleveland, pleaded guilty to one count of Trafficking in Cocaine, a fifth-degree felony. Sentencing is scheduled for June 27.
Jonathan Mastney, 20, of Holly Drive in Brunswick, pleaded not guilty to seven counts of Vandalism, all of which are fifth-degree felonies and 13 counts of Criminal Damaging, all of which are second-degree misdemeanors. A jury trial is scheduled for August 8.
Gini Moore, 45, of Lisa Court in Lodi, pleaded not guilty to two counts of Burglary, one of which is a second-degree felony and one of which is a fourth-degree felony. A jury trial is scheduled for June 27.
Susan Morgan, 42, of Lisa Court in Lodi, pleaded not guilty to two counts of Burglary, one of which is a second-degree felony and one of which is a fourth-degree felony. A jury trial is scheduled for June 27.
Christine Salamon, 32, of Remsen Road in Medina, pleaded guilty to one count of Theft, a fifth-degree felony. Sentencing is scheduled for June 23.
Danielle Smeal, 19, of Wadsworth Road in Norton, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for July 25.
Medina County Prosecutor
The following people appeared in Judge Collier's court for criminal cases on May 16, 2011:
Terry Sense, 37, of Silvercreek Road in Doylestown, was sentenced to four years in prison on 28 counts of Corrupting Another with Drugs, all of which are fourth-degree felonies and 14 counts of Contributing to the Unruliness of a Minor, all of which are first-degree misdemeanors.
Alexander Watson, 36, of Branch Road in Medina, was sentenced to six months in prison on one count of Domestic Violence, a fifth-degree felony.
Selena Zak, 29, of Lodi Road in West Salem, was sentenced to two years in prison on two counts of Complicity to Commit Robbery, one of which is a second-degree felony and one of which is a third-degree felony.
Kristopher Buterbaugh, 22, of Lodi Road in Lodi, pleaded not guilty to one count of Complicity to Commit Burglary, a second-degree felony and one count of Possession of Criminal Tools, a fifth-degree felony. A jury trial is scheduled for July 25.
Jermaine Jackson, 40, of Woodhill Road in Cleveland, pleaded guilty to one count of Trafficking in Cocaine, a fifth-degree felony. Sentencing is scheduled for June 27.
Jonathan Mastney, 20, of Holly Drive in Brunswick, pleaded not guilty to seven counts of Vandalism, all of which are fifth-degree felonies and 13 counts of Criminal Damaging, all of which are second-degree misdemeanors. A jury trial is scheduled for August 8.
Gini Moore, 45, of Lisa Court in Lodi, pleaded not guilty to two counts of Burglary, one of which is a second-degree felony and one of which is a fourth-degree felony. A jury trial is scheduled for June 27.
Susan Morgan, 42, of Lisa Court in Lodi, pleaded not guilty to two counts of Burglary, one of which is a second-degree felony and one of which is a fourth-degree felony. A jury trial is scheduled for June 27.
Christine Salamon, 32, of Remsen Road in Medina, pleaded guilty to one count of Theft, a fifth-degree felony. Sentencing is scheduled for June 23.
Danielle Smeal, 19, of Wadsworth Road in Norton, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for July 25.
Wednesday, May 18, 2011
April Probation Statistics for Judge Kimbler's Courtroom
Medina County Chief Probation Officer Veronica Perry reports that in April Judge Kimbler three defendants to intensive supervised probation; referred 12 defendants to general supervision; referred one defendant for home incarceration; ordered eight defendants to report weekly to the Adult Probation Department as a condition of bond; ordered 17 pre-sentence investigations; referred one defendant for determination of eligibility for intervention in lieu of conviction and granted intervention in lieu of conviction to two defendants; referred two defendants for determination of whether they were eligible to have their convictions expunged and referred one defendant for determination of whether that defendant could be placed on the Court's mental health docket.
Monday, May 16, 2011
Brunswick Man Gets Six Years in Prison for Attempted Murder
Medina County Prosecutor Dean Holman reports that Christopher Blackburn, 21, of Laurel Road in Brunswick, pled guilty and was sentenced to six years in prison on one count of Attempted Murder, a first-degree felony, and two counts of Felonious Assault, both of which are second-degree felonies. The charges resulted from a single offense, which means that all counts were merged into the Attempted Murder charge. Judge Collier took the change of plea on Friday, May 13, 2011, and sentenced Mr. Blackburn after he changed his plea.
The conviction is a result of an incident between Blackburn and a former co-worker. Blackburn stabbed the victim in the back of the neck without provocation. The victim made a full recovery.
The conviction is a result of an incident between Blackburn and a former co-worker. Blackburn stabbed the victim in the back of the neck without provocation. The victim made a full recovery.
Judge Kimbler's Criminal Docket for May 12, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Kimbler's court on May 12, 2011 for criminal cases:
Jacob Bayless, 26, of Ivy Hill Lane in Medina, was sentenced to one year in prison on two counts of Possession of Marijuana and one count of Possession of Drugs, all of which are fifth-degree felonies.
Carl Curry, 40, of Pepperwood Drive in Brunswick, was sentenced to two years of community control sanctions on one count of Possession of Cocaine and one count of Trafficking in Cocaine, both of which are fifth-degree felonies. His driver’s license was suspended for six months.
Dayshawn Wheeler, 21, of Medina, was sentenced to six months in jail on one count of Theft of Credit Cards, a fifth-degree felony and one count of Domestic Violence, a first-degree misdemeanor.
Ira Zimmerman, 62, of East Bergey Street in Wadsworth, was sentenced to one year of community control sanctions to on one count of Having Weapons While Under Disability, a fourth-degree felony.
Brandon Acker, 19, of Cypress Point Drive in Brunswick, pleaded not guilty to one count of Trafficking in Marijuana, a fifth-degree felony. A jury trial is scheduled for July 12.
Timothy Booth, 22, of Bush Avenue in Cleveland, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for July 19.
Shawn Gregg, 36, of Capel Road in Grafton, pleaded not guilty to one count of Burglary, a fourth-degree felony. A jury trial is scheduled for July 6.
Millicent Jones, 48, of Wright Street in Yellow Springs, pleaded not guilty to one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for July 18.
Shane Jones, 32, of Wall Road in Rittman, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for July 7.
Shauntee McCoy, 32, of Woodland Avenue in Cleveland, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for July 11.
Jerry Neal, 24, of West 63rd Street in Cleveland, pleaded not guilty to one count of Trafficking in Drugs, a fourth-degree felony and one count of Trafficking in Cocaine, a fifth-degree felony. A jury trial is scheduled for July 13.
Rosalie Owens, 45, of Helen Avenue in Brunswick, pleaded not guilty to one count of Vandalism, a fifth-degree felony. A jury trial is scheduled for July 13.
Justin Stiner, 35, of Windfall Road in Medina, pleaded not guilty to one count of Domestic Violence, a third-degree felony. A jury trial is scheduled for July 11.
Jacqueline Webb, 26, of Collier Drive in Doylestown, pleaded not guilty to four counts of Theft of a Check, all of which are fifth-degree felonies. A jury trial is scheduled for July 12.
Medina County Prosecutor
The following people appeared in Judge Kimbler's court on May 12, 2011 for criminal cases:
Jacob Bayless, 26, of Ivy Hill Lane in Medina, was sentenced to one year in prison on two counts of Possession of Marijuana and one count of Possession of Drugs, all of which are fifth-degree felonies.
Carl Curry, 40, of Pepperwood Drive in Brunswick, was sentenced to two years of community control sanctions on one count of Possession of Cocaine and one count of Trafficking in Cocaine, both of which are fifth-degree felonies. His driver’s license was suspended for six months.
Dayshawn Wheeler, 21, of Medina, was sentenced to six months in jail on one count of Theft of Credit Cards, a fifth-degree felony and one count of Domestic Violence, a first-degree misdemeanor.
Ira Zimmerman, 62, of East Bergey Street in Wadsworth, was sentenced to one year of community control sanctions to on one count of Having Weapons While Under Disability, a fourth-degree felony.
Brandon Acker, 19, of Cypress Point Drive in Brunswick, pleaded not guilty to one count of Trafficking in Marijuana, a fifth-degree felony. A jury trial is scheduled for July 12.
Timothy Booth, 22, of Bush Avenue in Cleveland, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for July 19.
Shawn Gregg, 36, of Capel Road in Grafton, pleaded not guilty to one count of Burglary, a fourth-degree felony. A jury trial is scheduled for July 6.
Millicent Jones, 48, of Wright Street in Yellow Springs, pleaded not guilty to one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for July 18.
Shane Jones, 32, of Wall Road in Rittman, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for July 7.
Shauntee McCoy, 32, of Woodland Avenue in Cleveland, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for July 11.
Jerry Neal, 24, of West 63rd Street in Cleveland, pleaded not guilty to one count of Trafficking in Drugs, a fourth-degree felony and one count of Trafficking in Cocaine, a fifth-degree felony. A jury trial is scheduled for July 13.
Rosalie Owens, 45, of Helen Avenue in Brunswick, pleaded not guilty to one count of Vandalism, a fifth-degree felony. A jury trial is scheduled for July 13.
Justin Stiner, 35, of Windfall Road in Medina, pleaded not guilty to one count of Domestic Violence, a third-degree felony. A jury trial is scheduled for July 11.
Jacqueline Webb, 26, of Collier Drive in Doylestown, pleaded not guilty to four counts of Theft of a Check, all of which are fifth-degree felonies. A jury trial is scheduled for July 12.
Judge Collier's Criminal Docket for May 9, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Collier's court on May 9, 2011 for criminal cases:
Todd Anshutz, 28, of West Prospect Street in Wadsworth, was sentenced to six months in prison on one count of Breaking and Entering, a fifth-degree felony.
Anthony Heard, 26, of Wolf Avenue in Wadsworth, was sentenced to two years of community control sanctions on two counts of Trafficking in Drugs, both of which are fourth-degree felonies. His driver’s license was suspended for six months.
Susan Holland, 50, of 28th Street in Norton, was sentenced to three years of community control sanctions, with 180 days in jail, to one count of Theft of Credit Cards, a fifth-degree felony.
Wanda Lawson, 62, of Lafayette Road in Medina, was sentenced to two years of community control sanctions on one count of Trafficking in Drugs, a fifth-degree felony. Her driver’s license was suspended for six months.
Camilla Malone, 55, of Delia Avenue in Akron, was sentenced to two years of community control sanctions on two counts of Trafficking in Drugs, both of which are fifth-degree felonies. Her driver’s license was suspended for six months.
Ashley Napholz, 20, of Abbeyville Road in Medina, was sentenced to 30 days in jail for a probation violation on an original charge of Receiving Stolen Property, a fifth-degree felony.
Bryan Rhoads, 29, of Chippewa Road in Medina, was sentenced to five years of community control sanctions on one count of Possession of Cocaine, a fifth-degree felony. His driver’s license was suspended for six months.
Tara Berndt, 30, of Smith Road in Middleburg Heights, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 10.
David Chapman, 30, of King Avenue in Barberton, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 10.
Bradley Clem, 25, of Hazelwood Drive in Seville, pleaded not guilty to the following charges: one count of Burglary, a second-degree felony; two counts of Possession of Criminal tools, both of which are fifth-degree felonies; one count of Breaking and Entering and one count of Theft, both of which are fifth-degree felonies. A jury trial is scheduled for June 22.
Edwin Good, 31, of Big Injun Trail in Chippewa Lake, pleaded not guilty to one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for August 8.
Medina County Prosecutor
The following people appeared in Judge Collier's court on May 9, 2011 for criminal cases:
Todd Anshutz, 28, of West Prospect Street in Wadsworth, was sentenced to six months in prison on one count of Breaking and Entering, a fifth-degree felony.
Anthony Heard, 26, of Wolf Avenue in Wadsworth, was sentenced to two years of community control sanctions on two counts of Trafficking in Drugs, both of which are fourth-degree felonies. His driver’s license was suspended for six months.
Susan Holland, 50, of 28th Street in Norton, was sentenced to three years of community control sanctions, with 180 days in jail, to one count of Theft of Credit Cards, a fifth-degree felony.
Wanda Lawson, 62, of Lafayette Road in Medina, was sentenced to two years of community control sanctions on one count of Trafficking in Drugs, a fifth-degree felony. Her driver’s license was suspended for six months.
Camilla Malone, 55, of Delia Avenue in Akron, was sentenced to two years of community control sanctions on two counts of Trafficking in Drugs, both of which are fifth-degree felonies. Her driver’s license was suspended for six months.
Ashley Napholz, 20, of Abbeyville Road in Medina, was sentenced to 30 days in jail for a probation violation on an original charge of Receiving Stolen Property, a fifth-degree felony.
Bryan Rhoads, 29, of Chippewa Road in Medina, was sentenced to five years of community control sanctions on one count of Possession of Cocaine, a fifth-degree felony. His driver’s license was suspended for six months.
Tara Berndt, 30, of Smith Road in Middleburg Heights, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 10.
David Chapman, 30, of King Avenue in Barberton, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 10.
Bradley Clem, 25, of Hazelwood Drive in Seville, pleaded not guilty to the following charges: one count of Burglary, a second-degree felony; two counts of Possession of Criminal tools, both of which are fifth-degree felonies; one count of Breaking and Entering and one count of Theft, both of which are fifth-degree felonies. A jury trial is scheduled for June 22.
Edwin Good, 31, of Big Injun Trail in Chippewa Lake, pleaded not guilty to one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for August 8.
Saturday, May 14, 2011
Law Talk Interview with Court Mediator Bruce Francis
John Celebrezze, host of Law Talk, a community access television show seen in Brunswick, Medina, Valley City and Wadsworth, recently interviewed Attorney Bruce Francis. Mr. Francis is the Court Mediator for the Medina County Court of Common Pleas. Click on the links below to view the interview.
Part One
Part Two
Part One
Part Two
Wednesday, May 11, 2011
Barberton Man Found Guilty in One Day Trial
Michael A. Maile, formerly of Liberty Avenue in Barberton, Ohio, was found guilty by a jury in Judge Kimbler's court on Tuesday, May 10, 2011. The entire trial took place in one day, starting with jury selection at 10 am and concluding with Judge Kimbler imposing a 10 month prison sentence at 4:15 pm. The State called three witnesses and Mr. Maile exercised his constitutional right not to testify or present evidence.
Mr. Maile was charged with one count of Drug Possession, a fifth degree felony. The drug involved was oxycodone. The charge grew out of a arrest that took place on February 15, 2010 when Wadsworth Police Department officers executed an arrest warrant for Mr. Maile that had been issued by the Summit County Common Pleas Court. During the arrest, the Wadsworth officers discovered marijuana and pills.
The pills turned out to contain oxycodone. Mr. Maile admitted that the pills were his and that he had been crushing them and then inhaling them. The officer also found scales of the type commonly used for weighing drugs and rolled up dollar bills with a white residue on them.
Following the verdict, Mr. Maile and the State waived a pre-sentence investigation report and Judge Kimbler imposed sentence. Judge Kimbler imposed a 10 month prison sentence but gave him jail time credit of 158 days. The prison sentence was consecutive to the six year prison sentence that Mr. Maile is presently serving out of Summit County.
Mr. Maile was charged with one count of Drug Possession, a fifth degree felony. The drug involved was oxycodone. The charge grew out of a arrest that took place on February 15, 2010 when Wadsworth Police Department officers executed an arrest warrant for Mr. Maile that had been issued by the Summit County Common Pleas Court. During the arrest, the Wadsworth officers discovered marijuana and pills.
The pills turned out to contain oxycodone. Mr. Maile admitted that the pills were his and that he had been crushing them and then inhaling them. The officer also found scales of the type commonly used for weighing drugs and rolled up dollar bills with a white residue on them.
Following the verdict, Mr. Maile and the State waived a pre-sentence investigation report and Judge Kimbler imposed sentence. Judge Kimbler imposed a 10 month prison sentence but gave him jail time credit of 158 days. The prison sentence was consecutive to the six year prison sentence that Mr. Maile is presently serving out of Summit County.
Friday, May 06, 2011
Judge Kimbler Probation Violations
Medina County Chief Adult Probation Officer Veronica Perry reports that Judge Kimbler handled the following probation violations on April 28 and April 29, 2011:
10CR0231
Swarthout, Sean
L. Lesko
4/28/2011
PV Hearing - 180 days MCJ w/credit for 176 days. All outstanding obligations are waived. Probation terminated upon completion of jail sentence.
10CR0297
O'Conner, Elizabeth
L. Lesko
4/29/2011
18 days MCJ w/credit for 18 served. Supervision continues.
10CR0079
Carr, Tyler
K. Turchek
4/28/2011
PV Hearing - IILOC term. Sentenced to 90 days home arrest (concurrent w/Wayne Co.); 2 yrs. CCS; 2 AA mtgs wkly; weekly testing; no alcohol; drug/alcohol assessment; obtain employ.; D/A testing; 24 hrs. CS; 6 mos OL suspension; c/c and s/f assessed
09CR0223
Homchik, Richard
H. Smith
4/28/2011
PV Hearing - CAPIAS issued. No show
08CR0251
Harmon, Roland
J. Adams
4/28/2011
PV Hearing - 180 days MCJ w/review in 90 days w/possible home arrest
09CR0330
Price, Johnnie
J. Adams
4/28/2011
PV Hearing - Admits - Additional 24 hrs. CS w/in 60 days
08CR0430
Aden, Abdi
H. Smith
4/28/2011
PV Hearing - Continued for two weeks to obtain a translator
10CR0231
Swarthout, Sean
L. Lesko
4/28/2011
PV Hearing - 180 days MCJ w/credit for 176 days. All outstanding obligations are waived. Probation terminated upon completion of jail sentence.
10CR0297
O'Conner, Elizabeth
L. Lesko
4/29/2011
18 days MCJ w/credit for 18 served. Supervision continues.
10CR0079
Carr, Tyler
K. Turchek
4/28/2011
PV Hearing - IILOC term. Sentenced to 90 days home arrest (concurrent w/Wayne Co.); 2 yrs. CCS; 2 AA mtgs wkly; weekly testing; no alcohol; drug/alcohol assessment; obtain employ.; D/A testing; 24 hrs. CS; 6 mos OL suspension; c/c and s/f assessed
09CR0223
Homchik, Richard
H. Smith
4/28/2011
PV Hearing - CAPIAS issued. No show
08CR0251
Harmon, Roland
J. Adams
4/28/2011
PV Hearing - 180 days MCJ w/review in 90 days w/possible home arrest
09CR0330
Price, Johnnie
J. Adams
4/28/2011
PV Hearing - Admits - Additional 24 hrs. CS w/in 60 days
08CR0430
Aden, Abdi
H. Smith
4/28/2011
PV Hearing - Continued for two weeks to obtain a translator
Thursday, May 05, 2011
Judge Kimbler's Criminal Docket for April 28, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Kimbler's court on April 28, 2011:
Tyler Carr, 27, of Highview Drive in Wadsworth, was sentenced to 90 days of home arrest for a probation violation on an original charge of Possession of Heroin. His driver’s license was suspended for six months.
Peter Ketchem, 32, of Westwood Drive in Strongsville, was sentenced to two years of community control sanctions on one count of Possession of Drugs, a fifth-degree felony.
Sherisha Law, 28, of Ivy Hill Lane in Medina, was sentenced to two years of community control sanctions on one count of Obstructing Justice, a fifth-degree felony.
Christine Szylakowski, 41, of Skyview Drive in Brunswick, was sentenced to two years of community control sanctions on two counts of Theft from the Elderly, both of which are fifth-degree felonies. She also was ordered to pay a total of $420 in restitution to the two elderly victims in the case and ordered not to be employed in a nursing home.
Noah Torres, 22, of Pearl Road in Brunswick, was sentenced to three years of community control sanctions on one count of Tampering with Evidence, a third-degree felony.
Eric Walters, 32, of West Washington Street in Medina, was sentenced to three years of community control sanctions on one count of Domestic Violence, a fourth-degree felony.
James L. Brown Jr., 29, of Painesville, pleaded not guilty to three counts of Menacing by Stalking, all of which are fourth-degree felonies. A jury trial is scheduled for June 27.
Kyle Hissem, 25, of Lena Lane in Cleveland, pleaded guilty to one count of Theft, a fourth-degree felony. Sentencing is scheduled for June 3.
Randall Rees, 18, of West Liberty Street in Medina, pleaded guilty to one count of Theft of a Motor Vehicle, a fourth-degree felony; one count of Breaking and Entering, a fifth-degree felony; and one count of Theft, a fifth-degree felony. A jury trial is scheduled for June 29.
Danielle Schmolz, 26, of Hemlock Court in Brunswick, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for June 28.
Derek Woods, 33, of Guardian Street in Cleveland, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for June 27.
Medina County Prosecutor
The following people appeared in Judge Kimbler's court on April 28, 2011:
Tyler Carr, 27, of Highview Drive in Wadsworth, was sentenced to 90 days of home arrest for a probation violation on an original charge of Possession of Heroin. His driver’s license was suspended for six months.
Peter Ketchem, 32, of Westwood Drive in Strongsville, was sentenced to two years of community control sanctions on one count of Possession of Drugs, a fifth-degree felony.
Sherisha Law, 28, of Ivy Hill Lane in Medina, was sentenced to two years of community control sanctions on one count of Obstructing Justice, a fifth-degree felony.
Christine Szylakowski, 41, of Skyview Drive in Brunswick, was sentenced to two years of community control sanctions on two counts of Theft from the Elderly, both of which are fifth-degree felonies. She also was ordered to pay a total of $420 in restitution to the two elderly victims in the case and ordered not to be employed in a nursing home.
Noah Torres, 22, of Pearl Road in Brunswick, was sentenced to three years of community control sanctions on one count of Tampering with Evidence, a third-degree felony.
Eric Walters, 32, of West Washington Street in Medina, was sentenced to three years of community control sanctions on one count of Domestic Violence, a fourth-degree felony.
James L. Brown Jr., 29, of Painesville, pleaded not guilty to three counts of Menacing by Stalking, all of which are fourth-degree felonies. A jury trial is scheduled for June 27.
Kyle Hissem, 25, of Lena Lane in Cleveland, pleaded guilty to one count of Theft, a fourth-degree felony. Sentencing is scheduled for June 3.
Randall Rees, 18, of West Liberty Street in Medina, pleaded guilty to one count of Theft of a Motor Vehicle, a fourth-degree felony; one count of Breaking and Entering, a fifth-degree felony; and one count of Theft, a fifth-degree felony. A jury trial is scheduled for June 29.
Danielle Schmolz, 26, of Hemlock Court in Brunswick, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for June 28.
Derek Woods, 33, of Guardian Street in Cleveland, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for June 27.
Judge Collier's Criminal Docket for May 2, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Collier's court May 2:
Edward Adkins, 53, of Medina Street in Lodi, was sentenced to two years in prison on one count of Driving Under the Influence of Alcohol or Drugs, a fourth-degree felony.
Jonathan Klein, 44, of Columbia Road in Medina, was sentenced to six months in prison on one count of Receiving Stolen Property, a fifth-degree felony.
Kim McNutt, 47, of Lafayette Road in Medina, was sentenced to six months of residential community control sanctions on one count of Theft of Credit Cards, a fifth-degree felony.
Kayla Ray, 26, of North Avon Avenue in Wadsworth, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Burglary, a second-degree felony. She also was ordered to pay $2,641.37 in restitution.
Tabari Truss, 19, of 13th Street in Akron, was sentenced to three years of community control sanctions on one count of Trafficking in Crack Cocaine, a fourth-degree felony. His driver’s license was suspended for six months.
Chrystal Barnard, 26, of Glenbrook Drive in Brunswick, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for August 8.
David Gebers, 45, of West Walnut Street in Wadsworth, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for July 13.
Ronald Graves, 48, of Lodi Road in Lodi, pleaded not guilty to two counts of Burglary, one of which is a second-degree felony and one of which is a fourth-degree felony. Both charges carry forfeiture specifications. A jury trial is scheduled for July 5.
Charles Paine, 19, of Pine Lake Drive in Medina, pleaded not guilty to one count of Possession of Crack Cocaine, a fourth-degree felony. A jury trial is scheduled for August 15.
Medina County Prosecutor
The following people appeared in Judge Collier's court May 2:
Edward Adkins, 53, of Medina Street in Lodi, was sentenced to two years in prison on one count of Driving Under the Influence of Alcohol or Drugs, a fourth-degree felony.
Jonathan Klein, 44, of Columbia Road in Medina, was sentenced to six months in prison on one count of Receiving Stolen Property, a fifth-degree felony.
Kim McNutt, 47, of Lafayette Road in Medina, was sentenced to six months of residential community control sanctions on one count of Theft of Credit Cards, a fifth-degree felony.
Kayla Ray, 26, of North Avon Avenue in Wadsworth, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Burglary, a second-degree felony. She also was ordered to pay $2,641.37 in restitution.
Tabari Truss, 19, of 13th Street in Akron, was sentenced to three years of community control sanctions on one count of Trafficking in Crack Cocaine, a fourth-degree felony. His driver’s license was suspended for six months.
Chrystal Barnard, 26, of Glenbrook Drive in Brunswick, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for August 8.
David Gebers, 45, of West Walnut Street in Wadsworth, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for July 13.
Ronald Graves, 48, of Lodi Road in Lodi, pleaded not guilty to two counts of Burglary, one of which is a second-degree felony and one of which is a fourth-degree felony. Both charges carry forfeiture specifications. A jury trial is scheduled for July 5.
Charles Paine, 19, of Pine Lake Drive in Medina, pleaded not guilty to one count of Possession of Crack Cocaine, a fourth-degree felony. A jury trial is scheduled for August 15.
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