Thursday, June 30, 2011
Columbus Man Sentenced on Carrying Concealed Weapon
Darnell M. Gibson of Columbus, Ohio was sentenced to community control sanctions and fined $1000.00 for Carrying a Concealed Weapon, a fourth degree felony. The offense took place on October 23, 2010. Although Mr. Gibsons' attorney filed a motion to suppress, the motion was withdrawn and Mr. Gibson entered a change of plea on March 14, 2011. Originally the sentencing hearing was set for May, but Mr. Gibson's attorney filed a motion for a continuance of the sentencing hearing which resulted in Mr. Gibson being sentenced on June 16.
Credit Card Cases in Judge Kimbler's Court
Forty – seven credit card cases were filed during recent 6 month period (November 10 – April 11). In Judge Kimbler’s court, credit card cases are set for trial. At trial Plaintiff must produce monthly account statements to establish the balance prayed for in the complaint, starting from a zero balance or four years of statements, whichever is less. The statements must show the interest rate(s) charged by Plaintiff. Plaintiff must also produce a legible copy of the cardholder's agreement which was in existence when the Defendant last used the account. Plaintiff's evidence must be admissible under the rules of evidence. (must demonstrate how interest rate changed)
In the event Defendant was charged interest in excess of 25% per year before the account was charged-off, Plaintiff must calculate the balance owed on the account, excluding usurious interest. For those months Defendant was charged more than 25% per year, Plaintiff must re-calculate the balance due assuming interest at the statutory rate, i.e., 10% through June 2, 2004, 4% from June 3, 2004 through December 31, 2004, 5% for 2005, 6% for 2006, 8% for 2007, 8% for 2008 and 5% for 2009. (must recalculate interest using statutory rate)
In the event the account is no longer held by the original issuer, Plaintiff must show documentary proof of the assignment of the account to demonstrate its legal status to pursue its claim against the Defendant. (chain of ownership)
If Plaintiff fails to present admissible evidence of the account as set forth above, the Court may enter judgment in favor of Defendant because Plaintiff cannot meet its burden of proof.
Of these 47 credit card cases, 36% were dismissed prior to trial. 38% were granted judgment (the majority of these were agreed consent judgments reached at trial). 12.76% filed bankruptcy. 12.76% are still awaiting trial or service has not been made and therefore trial has not been set.
In the event Defendant was charged interest in excess of 25% per year before the account was charged-off, Plaintiff must calculate the balance owed on the account, excluding usurious interest. For those months Defendant was charged more than 25% per year, Plaintiff must re-calculate the balance due assuming interest at the statutory rate, i.e., 10% through June 2, 2004, 4% from June 3, 2004 through December 31, 2004, 5% for 2005, 6% for 2006, 8% for 2007, 8% for 2008 and 5% for 2009. (must recalculate interest using statutory rate)
In the event the account is no longer held by the original issuer, Plaintiff must show documentary proof of the assignment of the account to demonstrate its legal status to pursue its claim against the Defendant. (chain of ownership)
If Plaintiff fails to present admissible evidence of the account as set forth above, the Court may enter judgment in favor of Defendant because Plaintiff cannot meet its burden of proof.
Of these 47 credit card cases, 36% were dismissed prior to trial. 38% were granted judgment (the majority of these were agreed consent judgments reached at trial). 12.76% filed bankruptcy. 12.76% are still awaiting trial or service has not been made and therefore trial has not been set.
Summary of New Criminal Sentencing Bill, (HB 86)
Below is a summary prepared by the Ohio Department of Rehabilitation and Correction on House Bill 86, signed by the Governor this week:
Summary of Major Provisions
House Bill 86 as Passed by the Senate
June 23, 2011
Earned Credit
• Increases from 1 to 5 days per month.
• All sex offenders excluded from any earned credit eligibility.
• Language added to exclude most Felony 1 and 2 offenders from eligibility for expanded credits.
• Includes provision requiring GPS monitoring for the first 14 days following release for offenders who earn over 60 days of credits while incarcerated.
• Caps overall earned credit at 8 percent.
• Program completion credits – 5 days earned one time on second program completion only.
• Provisions of bill will be prospective (will not apply to those currently incarcerated).
Increase in theft threshold
• Increases from $500 to $1,000 the minimum threshold to determine increased penalties (generally from a misdemeanor to a felony) for theft-related offenses and certain non-theft-related offenses.
• Increases other threshold amounts by 50% that determine other increased penalties for theft and non-theft related offenses.
Non Payment of Support
• Gives preference to sentencing non support offenders to alternative community sanctions.
• Substitute bill provides courts discretion to sentence offenders to prison when: (1) it is consistent with purposes and principles of sentencing, or (2) if offender was previously convicted of felony non support after the effective date of the amendment, and when either the offender was sentenced to a prior prison term, or was sentenced to prior community sanctions and failed to meet the conditions.
Absconding Supervision
• Authorizes the Adult Parole Authority to utilize existing sanctioning authority including potential return to prison for offenders who fail to comply with their terms of supervision.
• Creates a new penalty for the offense of “escape” involving conduct by a person under supervised release, with a reduction in penalty from current law. The language ties the penalty to the underlying crime for which the offender was originally sentenced. For offenders with an underlying offense of aggravated murder, murder, life sentence, or felony 1 or 2 offense, the penalty for escape from supervision would be a felony 4. For offenders with other less serious underlying charges, the penalty for escape from supervision would be a felony 5.
DRC Petition for 80% Release
• Allows Director of DRC to petition sentencing court for judicial release of inmate who has a stated prison term longer than one year who has served at least 80% of their sentence.
• Petition can be filed with the court up to 90 days prior to an inmate’s 80% date.
• Language in substitute bill requires DRC to supervise felony 1 and 2 offenders who are released on GPS monitoring for the remainder of their sentence.
• Permanently excludes from eligibility offenders serving time for offenses involving guns or other deadly weapons, sexually oriented offenses, and Repeat Violent Offenders (RVO).
Equalization of Crack and Powder Penalties
• Eliminates the distinction between criminal penalties for drug offenses involving crack and powder cocaine.
• Utilizes a blended sentencing approach. Raises powder penalties to the level of crack for felony 1, major drug offender possession and trafficking. Raises powder penalties for F1-F4 possession offenses, and lowers crack penalties for F1-F5 possession. Raises powder for F1-F3 trafficking offenses, and lowers crack penalties for F1-F5 crack trafficking offenses.
Treatment in Lieu of Conviction
• Expands eligibility to persons charged with specified theft and other offenses. Makes low level drug traffickers and felony 4 drug possession offenses eligible for TIL.
• Authorizes TIL for offender whose mental illness or intellectual disability contributed to their offense.
• Allows repeat offenders who have not committed a prior felony offense of violence to be considered for Treatment in Lieu.
Foster Supreme Court Decision
• Revives language to make concurrent sentences the first consideration, which was part of the law long before S.B. 2.
• Instructs judges to make findings before imposing (discretionary) consecutive terms and makes the findings specific to the offender and offenses.
Mandatory Drug Provisions
• Creates new categories and potentially shorter mandatory terms for trafficking in marihuana and hashish, and possession of hashish and marihuana.
• Based on proposal by David Diroll, Executive Director, Ohio Criminal Sentencing Commission.
• Makes other changes to mandatory felony 3 drug penalties.
Council of State Governments Justice Reinvestment in Ohio
• Bill contains language for Council on State Government (CSG) “Justice Reinvestment” recommendations
Other Provisions
• Adds provisions from Senate Bill 92, limiting Parole Board members to a total of two, six year terms, staggering terms of existing Parole Board members, and exempting chair and victim’s member from term limits. Makes changes prospective.
• Adds provisions from Senate Bill 33 codifying DRC reentry planning process.
• Adds Director of Veteran’s Services to State Agency Reentry Coalition.
• Changes membership of Parole Board required for full board hearing to majority instead of 7.
• Revises procedures for notification of victim’s and other Office of Victim Services changes.
• Remove judges from membership of a correction’s commission.
• Establishes community alternative sentencing centers.
• Defines DRC reentry centers and modifies payment rules for residential facilities.
• Modifies membership of county local corrections planning boards.
Summary of Major Provisions
House Bill 86 as Passed by the Senate
June 23, 2011
Earned Credit
• Increases from 1 to 5 days per month.
• All sex offenders excluded from any earned credit eligibility.
• Language added to exclude most Felony 1 and 2 offenders from eligibility for expanded credits.
• Includes provision requiring GPS monitoring for the first 14 days following release for offenders who earn over 60 days of credits while incarcerated.
• Caps overall earned credit at 8 percent.
• Program completion credits – 5 days earned one time on second program completion only.
• Provisions of bill will be prospective (will not apply to those currently incarcerated).
Increase in theft threshold
• Increases from $500 to $1,000 the minimum threshold to determine increased penalties (generally from a misdemeanor to a felony) for theft-related offenses and certain non-theft-related offenses.
• Increases other threshold amounts by 50% that determine other increased penalties for theft and non-theft related offenses.
Non Payment of Support
• Gives preference to sentencing non support offenders to alternative community sanctions.
• Substitute bill provides courts discretion to sentence offenders to prison when: (1) it is consistent with purposes and principles of sentencing, or (2) if offender was previously convicted of felony non support after the effective date of the amendment, and when either the offender was sentenced to a prior prison term, or was sentenced to prior community sanctions and failed to meet the conditions.
Absconding Supervision
• Authorizes the Adult Parole Authority to utilize existing sanctioning authority including potential return to prison for offenders who fail to comply with their terms of supervision.
• Creates a new penalty for the offense of “escape” involving conduct by a person under supervised release, with a reduction in penalty from current law. The language ties the penalty to the underlying crime for which the offender was originally sentenced. For offenders with an underlying offense of aggravated murder, murder, life sentence, or felony 1 or 2 offense, the penalty for escape from supervision would be a felony 4. For offenders with other less serious underlying charges, the penalty for escape from supervision would be a felony 5.
DRC Petition for 80% Release
• Allows Director of DRC to petition sentencing court for judicial release of inmate who has a stated prison term longer than one year who has served at least 80% of their sentence.
• Petition can be filed with the court up to 90 days prior to an inmate’s 80% date.
• Language in substitute bill requires DRC to supervise felony 1 and 2 offenders who are released on GPS monitoring for the remainder of their sentence.
• Permanently excludes from eligibility offenders serving time for offenses involving guns or other deadly weapons, sexually oriented offenses, and Repeat Violent Offenders (RVO).
Equalization of Crack and Powder Penalties
• Eliminates the distinction between criminal penalties for drug offenses involving crack and powder cocaine.
• Utilizes a blended sentencing approach. Raises powder penalties to the level of crack for felony 1, major drug offender possession and trafficking. Raises powder penalties for F1-F4 possession offenses, and lowers crack penalties for F1-F5 possession. Raises powder for F1-F3 trafficking offenses, and lowers crack penalties for F1-F5 crack trafficking offenses.
Treatment in Lieu of Conviction
• Expands eligibility to persons charged with specified theft and other offenses. Makes low level drug traffickers and felony 4 drug possession offenses eligible for TIL.
• Authorizes TIL for offender whose mental illness or intellectual disability contributed to their offense.
• Allows repeat offenders who have not committed a prior felony offense of violence to be considered for Treatment in Lieu.
Foster Supreme Court Decision
• Revives language to make concurrent sentences the first consideration, which was part of the law long before S.B. 2.
• Instructs judges to make findings before imposing (discretionary) consecutive terms and makes the findings specific to the offender and offenses.
Mandatory Drug Provisions
• Creates new categories and potentially shorter mandatory terms for trafficking in marihuana and hashish, and possession of hashish and marihuana.
• Based on proposal by David Diroll, Executive Director, Ohio Criminal Sentencing Commission.
• Makes other changes to mandatory felony 3 drug penalties.
Council of State Governments Justice Reinvestment in Ohio
• Bill contains language for Council on State Government (CSG) “Justice Reinvestment” recommendations
Other Provisions
• Adds provisions from Senate Bill 92, limiting Parole Board members to a total of two, six year terms, staggering terms of existing Parole Board members, and exempting chair and victim’s member from term limits. Makes changes prospective.
• Adds provisions from Senate Bill 33 codifying DRC reentry planning process.
• Adds Director of Veteran’s Services to State Agency Reentry Coalition.
• Changes membership of Parole Board required for full board hearing to majority instead of 7.
• Revises procedures for notification of victim’s and other Office of Victim Services changes.
• Remove judges from membership of a correction’s commission.
• Establishes community alternative sentencing centers.
• Defines DRC reentry centers and modifies payment rules for residential facilities.
• Modifies membership of county local corrections planning boards.
Tuesday, June 28, 2011
Judge Kimbler's Criminal Docket for June 16, 2011
1) 11CR0291; KLEIN , DAVID W.; 5441 COLUMBIA ROAD, MEDINA, OH; 2911.11(A)(1) AGGRAVATED BURGLARY (F-1) , 2911.12(A)(4) BURGLARY (F-4); CASE IS TRANSFERRED TO COURTROOM #1
2) 11CR0303; HENDERSON , JEMIL A.; 340 SPRING BROOK DRIVE #104, MEDINA, OH; 2925.03(A)(1)(C) (3)(a) TRAFFICKING IN DRUGS (MARIJUANA) (F-5); ARRESTED: 6/15/2011
3) 11CR0292; JOHNSON , CHESTER E.; 3906 TURNBRIDGE CT #303, BRUNSWICK, OH; 2903.11(A)(1) FELONIOUS ASSAULT (F-2), 2903.11(A)(2) FELONIOUS ASSAULT (F-2), 2911.13(B) BREAKING & ENTERING (F-5); TRIAL SET FOR 8/15/2011 @ 9:00 AM
4) 11CR0197; SHIREY , JASON A.; 3906 TURNBRIDGE CT #303, BRUNSWICK, OH; 2913.11(B) PASSING BAD CHECKS (F-5); TRIAL ON AUGUST 15, 2011 AT 9:00 A.M
5) 10CR0350; ELFERS , LISA M.; 14440 PURITAS ROAD, CLEVELAND, OH; 2913.02(A)(3) THEFT (M-1), 2913.11(B) PASSING BAD CHECKS (F-5); PV HEARING CONTINUED TO 6/16/2011 AT 8:30 AM.
6) 10CR0582; GIBSON , DARNELL M.; 4622 BELVEDERE PARK, COLUMBUS, OH; 2923.12(A)(2) CARRYING A CONCEALED WEAPON (F-4); HEARING CONTINUED TO 6/16/2011 AT 8:30 AM.
7) 10CR0506; DUDGEON , DANIEL D.; 1678 SCARBOROUGH DR, BRUNSWICK, OH; 2925.11(A)(C)(1) (a) POSSESSION OF DRUGS (OXYCODONE) (F-5); TRIAL SET FOR 8/17/2011 @ 9:00 AM
8) 11CR0103; MARTIN , CURTIS J.; 6600 COLGATE, CLEVELAND, OH; 2919.25(A) DOMESTIC VIOLENCE (PRIOR) (F-4); DEF FAILED TO APPEAR 6/16/11. THE COURT ORDERS A CAPIAS TO ISSUE.
9) 11CR0281; CLARK , JASON D.; 4347 KIMMICH DR APT #2, BRUNSWICK, OH; 2913.51(A) RECEIVING STOLEN PROPERTY (FIREARM) (F-4); TRIAL SET FOR 8/9/2011 @ 9:00 AM
2) 11CR0303; HENDERSON , JEMIL A.; 340 SPRING BROOK DRIVE #104, MEDINA, OH; 2925.03(A)(1)(C) (3)(a) TRAFFICKING IN DRUGS (MARIJUANA) (F-5); ARRESTED: 6/15/2011
3) 11CR0292; JOHNSON , CHESTER E.; 3906 TURNBRIDGE CT #303, BRUNSWICK, OH; 2903.11(A)(1) FELONIOUS ASSAULT (F-2), 2903.11(A)(2) FELONIOUS ASSAULT (F-2), 2911.13(B) BREAKING & ENTERING (F-5); TRIAL SET FOR 8/15/2011 @ 9:00 AM
4) 11CR0197; SHIREY , JASON A.; 3906 TURNBRIDGE CT #303, BRUNSWICK, OH; 2913.11(B) PASSING BAD CHECKS (F-5); TRIAL ON AUGUST 15, 2011 AT 9:00 A.M
5) 10CR0350; ELFERS , LISA M.; 14440 PURITAS ROAD, CLEVELAND, OH; 2913.02(A)(3) THEFT (M-1), 2913.11(B) PASSING BAD CHECKS (F-5); PV HEARING CONTINUED TO 6/16/2011 AT 8:30 AM.
6) 10CR0582; GIBSON , DARNELL M.; 4622 BELVEDERE PARK, COLUMBUS, OH; 2923.12(A)(2) CARRYING A CONCEALED WEAPON (F-4); HEARING CONTINUED TO 6/16/2011 AT 8:30 AM.
7) 10CR0506; DUDGEON , DANIEL D.; 1678 SCARBOROUGH DR, BRUNSWICK, OH; 2925.11(A)(C)(1) (a) POSSESSION OF DRUGS (OXYCODONE) (F-5); TRIAL SET FOR 8/17/2011 @ 9:00 AM
8) 11CR0103; MARTIN , CURTIS J.; 6600 COLGATE, CLEVELAND, OH; 2919.25(A) DOMESTIC VIOLENCE (PRIOR) (F-4); DEF FAILED TO APPEAR 6/16/11. THE COURT ORDERS A CAPIAS TO ISSUE.
9) 11CR0281; CLARK , JASON D.; 4347 KIMMICH DR APT #2, BRUNSWICK, OH; 2913.51(A) RECEIVING STOLEN PROPERTY (FIREARM) (F-4); TRIAL SET FOR 8/9/2011 @ 9:00 AM
Tuesday, June 14, 2011
Wooster Man Found Not Guilty of Theft Charge
Judge James L. Kimbler found Charles N. Paxton not guilty of one count of Theft from the Elderly, a fourth degree felony following a non-jury trial on Monday, June 13, 2011. The trial involved two witnesses, the alleged victim and Mr. Paxton, who testified in his own defense. The State alleged that Mr. Paxton committed Theft when he agreed to install a new floor for the victim in October of 2010 and never delivered on his promise. The State alleged that the victim paid Mr. Paxton $1200.00 for installation of the floor.
Mr. Paxton denied receiving any money from the alleged victim. He testified that he did agree to help install the floor, but that it was his son, and not himself, who entered into the agreement with the alleged victim. The son, who was recently sentenced on a Burglary charge, was not called as a witness by either the State or Mr. Paxton.
Mr. Paxton denied receiving any money from the alleged victim. He testified that he did agree to help install the floor, but that it was his son, and not himself, who entered into the agreement with the alleged victim. The son, who was recently sentenced on a Burglary charge, was not called as a witness by either the State or Mr. Paxton.
Monday, June 13, 2011
Judge Kimbler's Criminal Docket for June 9, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Kimbler's court June 9, 2011 for criminal cases:
Grant Blanc, 26, of Fixler Road in Wadsworth, was sentenced to three years of community control sanctions on two counts of Trafficking in Drugs, both of which are fourth-degree felonies. His driver’s license was suspended for six months.
Joshua Bragg, 19, of Wooster Street in Lodi, was sentenced to three years of community control sanctions on one count of Trafficking in Marijuana, a fifth-degree felony.
Timothy Carson, 25, of Reeves Lane in Medina, was sentenced to one year in prison for a probation violation on an original charge of Attempted Burglary, a fourth-degree felony.
Joshua Scharfenburg, 28, of Wooster Street in Lodi, was sentenced to three years of community control sanctions on one count of Trafficking in a Counterfeit Controlled Substance, a fifth-degree felony. His driver’s license was suspended for six months.
James L. Brown Jr., 29, of Painesville, pleaded guilty to three counts of Menacing by Stalking, all of which are fourth-degree felonies. He was sentenced to six months in prison.
Richard Clark, 43, of Boston Road in Brunswick Hills, pleaded not guilty to one count of Assault on a Police Officer, a fourth-degree felony. A jury trial is scheduled for August 2.
Michael Curtis, 36, of East Liberty Street in Medina, pleaded not guilty to two counts of Trafficking in Drugs, both of which are fourth-degree felonies. A jury trial is scheduled for August 9.
Jefferson Davis, 31, of 31st Street SW in Barberton, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 8.
Ricardo Feliciano, 24, of River Street in Lodi, pleaded not guilty to one count of Receiving Stolen Property, Motor Vehicle, and one count of Theft of a Motor Vehicle, both of which are fourth-degree felonies. A jury trial is scheduled for August 3.
Laura Krakowski, 38, of Persimmons Lane in Brunswick, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 8.
Tabitha Lavender, 18, of Prospect Street in Lodi, pleaded not guilty to one count of Misuse of Credit Cards, Elderly and one count of Theft of Credit Cards, both of which are fifth-degree felonies. A jury trial is scheduled for August 10.
Kelly C. Malley, 28, of Raccoon Trail in Strongsville, pleaded not guilty to one count of Theft of a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for August 7.
Beverly Miller, 26, of Adams Street in Akron, pleaded no contest to one count of Trafficking in Cocaine, a fourth-degree felony. Sentencing is scheduled for July 23.
Allen Sams, 24, of Lucy Street in Akron, pleaded guilty to one count of Trafficking in Heroin, a fourth-degree felony. Sentencing is scheduled for July 21.
Medina County Prosecutor
The following people appeared in Judge Kimbler's court June 9, 2011 for criminal cases:
Grant Blanc, 26, of Fixler Road in Wadsworth, was sentenced to three years of community control sanctions on two counts of Trafficking in Drugs, both of which are fourth-degree felonies. His driver’s license was suspended for six months.
Joshua Bragg, 19, of Wooster Street in Lodi, was sentenced to three years of community control sanctions on one count of Trafficking in Marijuana, a fifth-degree felony.
Timothy Carson, 25, of Reeves Lane in Medina, was sentenced to one year in prison for a probation violation on an original charge of Attempted Burglary, a fourth-degree felony.
Joshua Scharfenburg, 28, of Wooster Street in Lodi, was sentenced to three years of community control sanctions on one count of Trafficking in a Counterfeit Controlled Substance, a fifth-degree felony. His driver’s license was suspended for six months.
James L. Brown Jr., 29, of Painesville, pleaded guilty to three counts of Menacing by Stalking, all of which are fourth-degree felonies. He was sentenced to six months in prison.
Richard Clark, 43, of Boston Road in Brunswick Hills, pleaded not guilty to one count of Assault on a Police Officer, a fourth-degree felony. A jury trial is scheduled for August 2.
Michael Curtis, 36, of East Liberty Street in Medina, pleaded not guilty to two counts of Trafficking in Drugs, both of which are fourth-degree felonies. A jury trial is scheduled for August 9.
Jefferson Davis, 31, of 31st Street SW in Barberton, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 8.
Ricardo Feliciano, 24, of River Street in Lodi, pleaded not guilty to one count of Receiving Stolen Property, Motor Vehicle, and one count of Theft of a Motor Vehicle, both of which are fourth-degree felonies. A jury trial is scheduled for August 3.
Laura Krakowski, 38, of Persimmons Lane in Brunswick, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 8.
Tabitha Lavender, 18, of Prospect Street in Lodi, pleaded not guilty to one count of Misuse of Credit Cards, Elderly and one count of Theft of Credit Cards, both of which are fifth-degree felonies. A jury trial is scheduled for August 10.
Kelly C. Malley, 28, of Raccoon Trail in Strongsville, pleaded not guilty to one count of Theft of a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for August 7.
Beverly Miller, 26, of Adams Street in Akron, pleaded no contest to one count of Trafficking in Cocaine, a fourth-degree felony. Sentencing is scheduled for July 23.
Allen Sams, 24, of Lucy Street in Akron, pleaded guilty to one count of Trafficking in Heroin, a fourth-degree felony. Sentencing is scheduled for July 21.
Thursday, June 09, 2011
Brunswick Man Gets Less from Jury than Last Offer
On Tuesday, June 7, 2011, Judge Kimbler's courtroom was the site of a jury trial in the case of Collin Willey v. Kalli Fleming. Back in November of 2007, Ms. Fleming's car struck Mr. Willey's car in the rear while he was stopped on South Carpenter Road in Brunswick. The collision caused a chain reaction and drove Mr. Willey's car into the rear of the car that was stopped in front of him. Mr. Willey claimed that he injured his back and neck and that he would eventually need to have some discs in his back fused.
While Ms. Fleming admitted that she was negligent, she disputed the amount of damages that Mr. Willey claimed he sustained. At trial Mr. Willey presented medical bills totaling over $10,000.00. A doctor called on behalf of Mr. Willey gave the opinion that a future operation to fuse the discs in his back would run between $15,000 to $50,000.
All the evidence in the trial was heard in one day. On Wednesday the jurors came back to hear closing arguments and receive the jury instructions. Following the arguments and instructions, the jury retired. The jury deliberated for approximately one hour before returning a verdict that was approximately half of the insurance company's last offer.
While Ms. Fleming admitted that she was negligent, she disputed the amount of damages that Mr. Willey claimed he sustained. At trial Mr. Willey presented medical bills totaling over $10,000.00. A doctor called on behalf of Mr. Willey gave the opinion that a future operation to fuse the discs in his back would run between $15,000 to $50,000.
All the evidence in the trial was heard in one day. On Wednesday the jurors came back to hear closing arguments and receive the jury instructions. Following the arguments and instructions, the jury retired. The jury deliberated for approximately one hour before returning a verdict that was approximately half of the insurance company's last offer.
Wednesday, June 08, 2011
Westfield Man Found Guilty of GSI
Michael G. Huffman of Westfield Road in Westfield Township was found guilty of one count of Gross Sexual Imposition, a fourth degree felony, by Judge James L. Kimbler on Friday, June 10. The verdict followed a non-jury trial on June 3, 2011. The indictment alleged that Mr. Huffman had sexual contact with a fifteen year old girl who was with her mother at Mr. Huffman's apartment. The victim and her mother were staying with Mr. Huffman because the electricity had been cut off to their home and they needed a place to stay.
During the trial, the victim testified that Mr. Huffman had groped her when her mother was sleeping. The victim also testified that Mr. Huffman had been drinking alcoholic beverages prior to groping her. Following the announcement of his verdict, Judge Kimbler granted the State's motion to revoke Mr. Huffman's bond. He was then remanded to the Medina County Jail pending the imposition of sentence. Judge Kimbler ordered a pre-sentence investigation. Judge Kimbler will impose sentence on July 14, 2011 at 8:30 am.
During the trial the State was represented by Assistant Medina County Prosecutor Matt Razavi. Mr. Huffman was represented by Attorneys John Celebrezze and Micheal Ash.
During the trial, the victim testified that Mr. Huffman had groped her when her mother was sleeping. The victim also testified that Mr. Huffman had been drinking alcoholic beverages prior to groping her. Following the announcement of his verdict, Judge Kimbler granted the State's motion to revoke Mr. Huffman's bond. He was then remanded to the Medina County Jail pending the imposition of sentence. Judge Kimbler ordered a pre-sentence investigation. Judge Kimbler will impose sentence on July 14, 2011 at 8:30 am.
During the trial the State was represented by Assistant Medina County Prosecutor Matt Razavi. Mr. Huffman was represented by Attorneys John Celebrezze and Micheal Ash.
Judge Kimbler's Criminal Docket for June 3, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Kimbler's court June 3:
Jose Borrero, 33, of Persimmon Lane in Brunswick, was sentenced to one year in prison on one count of Theft and one count of Theft of a Check, both of which are fifth-degree felonies.
Daniel Stamp, 34, of L. Street in Wadsworth, was sentenced to six months in jail on one count of Possession of Heroin, a fifth-degree felony.
Jason Ballard, 26, of Burnette Avenue in East Cleveland, pleaded not guilty to one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for August 2.
Susan Holland, 50, of 28th Street SW in Norton, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for August 3.
Jose Luis Valerio, 28, of High Street in Wadsworth, pleaded not guilty to one count of Felonious Assault, a second-degree felony. A jury trial is scheduled for August 1.
Medina County Prosecutor
The following people appeared in Judge Kimbler's court June 3:
Jose Borrero, 33, of Persimmon Lane in Brunswick, was sentenced to one year in prison on one count of Theft and one count of Theft of a Check, both of which are fifth-degree felonies.
Daniel Stamp, 34, of L. Street in Wadsworth, was sentenced to six months in jail on one count of Possession of Heroin, a fifth-degree felony.
Jason Ballard, 26, of Burnette Avenue in East Cleveland, pleaded not guilty to one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for August 2.
Susan Holland, 50, of 28th Street SW in Norton, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for August 3.
Jose Luis Valerio, 28, of High Street in Wadsworth, pleaded not guilty to one count of Felonious Assault, a second-degree felony. A jury trial is scheduled for August 1.
Judge Collier's Criminal Docket for June 2, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court June 2:
Steven Ennis, 44, of Chippewa Road in Medina, pleaded no contest to one count of Having Weapons While Under Disability, a third-degree felony. Sentencing is scheduled for July 18.
Scott Schilero, 31, of Longacre Drive in Chippewa Lake, pleaded guilty to two counts of Illegal Processing of Drug Documents and one count of Attempted Deception to Obtain a Dangerous Drug, all of which are fourth-degree felonies. Sentencing is scheduled for July 18.
Medina County Prosecutor
The following people appeared in court June 2:
Steven Ennis, 44, of Chippewa Road in Medina, pleaded no contest to one count of Having Weapons While Under Disability, a third-degree felony. Sentencing is scheduled for July 18.
Scott Schilero, 31, of Longacre Drive in Chippewa Lake, pleaded guilty to two counts of Illegal Processing of Drug Documents and one count of Attempted Deception to Obtain a Dangerous Drug, all of which are fourth-degree felonies. Sentencing is scheduled for July 18.
Thursday, June 02, 2011
Law Talk on Jury Trials with Judge James Kimbler
Judge Kimbler recently sat down with John Celebrezze of the Celebrezze-Zanghi Community Legal Education Project to discuss Ohio jury trials. Click on the link below to watch this interview:
In “The Spotlight” with Judge James L. Kimbler, Medina County Common Pleas Court
By Kate Feeks
In June watch for the next episode of Law Talk, hosted by John Celebrezze. This episode features Judge James L. Kimbler of the Medina County Common Pleas Court. Judge Kimbler will discuss juries. This show can be viewed on Wadsworth Cable (WCTV) Public Access, Channel 15, Brunswick Area Television (BAT) Public Access, Channel 21, Armstrong Cable Access, Channel 37 and You Tube.
In the United States a jury consists of a sworn group of citizens that hear testimony in legal disputes and then determine the truth. The idea originated in England, with the size of a jury decided based upon a fair representation of the community.
States are free to have juries as small as six, but any number below six is considered unconstitutional. A jury with less than six members would be too small, making it an unfair representation of the community.
The essential function of a jury is to ensure that trials are resolved using common sense judgment through community participation. Not all individuals who are qualified to serve on a jury duty are necessarily required to serve. There are a number of reasons people could be excused from serving. The most common groups excluded include: doctors, firefighters, politicians, and sole caregivers of young or incompetent children or adults. People can also be excused on religious and/or ideological grounds.
While serving as a juror, a person plays an essential role in the judicial system, making it an extremely important obligation. As a juror, there are certain responsibilities required. Jurors may not conduct their own research, or allow television, radio, or newspapers to influence their decisions. Jurors are not permitted to discuss the case with family or friends, until a verdict is rendered. Jurors also cannot discuss the case amongst themselves until they deliberate, and they must base their verdict only on the facts of the case presented to them in the courtroom.
Violating any of these rules is punishable by fine and/or imprisonment, and could result in a mistrial. “There is a standard instruction in my court room that you may not do your own research, you may not go on the internet, you may not speak to another party and so on. When I explain to them that they might get information that will not give them the whole picture, or both sides of the story, they understand why it can be unfair” Kimbler explained.
To learn more about juries with Judge James Kimbler, watch for his interview with John Celebrezze on Law Talk throughout the month of June.
Reprinted with permission from www.czclep.org.
In June watch for the next episode of Law Talk, hosted by John Celebrezze. This episode features Judge James L. Kimbler of the Medina County Common Pleas Court. Judge Kimbler will discuss juries. This show can be viewed on Wadsworth Cable (WCTV) Public Access, Channel 15, Brunswick Area Television (BAT) Public Access, Channel 21, Armstrong Cable Access, Channel 37 and You Tube.
In the United States a jury consists of a sworn group of citizens that hear testimony in legal disputes and then determine the truth. The idea originated in England, with the size of a jury decided based upon a fair representation of the community.
States are free to have juries as small as six, but any number below six is considered unconstitutional. A jury with less than six members would be too small, making it an unfair representation of the community.
The essential function of a jury is to ensure that trials are resolved using common sense judgment through community participation. Not all individuals who are qualified to serve on a jury duty are necessarily required to serve. There are a number of reasons people could be excused from serving. The most common groups excluded include: doctors, firefighters, politicians, and sole caregivers of young or incompetent children or adults. People can also be excused on religious and/or ideological grounds.
While serving as a juror, a person plays an essential role in the judicial system, making it an extremely important obligation. As a juror, there are certain responsibilities required. Jurors may not conduct their own research, or allow television, radio, or newspapers to influence their decisions. Jurors are not permitted to discuss the case with family or friends, until a verdict is rendered. Jurors also cannot discuss the case amongst themselves until they deliberate, and they must base their verdict only on the facts of the case presented to them in the courtroom.
Violating any of these rules is punishable by fine and/or imprisonment, and could result in a mistrial. “There is a standard instruction in my court room that you may not do your own research, you may not go on the internet, you may not speak to another party and so on. When I explain to them that they might get information that will not give them the whole picture, or both sides of the story, they understand why it can be unfair” Kimbler explained.
To learn more about juries with Judge James Kimbler, watch for his interview with John Celebrezze on Law Talk throughout the month of June.
Reprinted with permission from www.czclep.org.
Wednesday, June 01, 2011
Judge Kimbler's Criminal Docket for May 26
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Kimbler's court on May 26, 2011 for criminal cases:
Mason Chalmers, 23, of Old Post Road in Olmsted Falls, was sentenced to three years of community control sanctions on one count of Theft and one count of Breaking and Entering, both of which are fifth-degree felonies. He also was ordered to pay $1,450 restitution to the victim.
Gerald Kruger, 44, of Main Street in Wadsworth, was sentenced to six months in jail on one count of Domestic Violence, a fourth-degree felony.
Artice Lollis, 20, of Cleveland, was sentenced to three years of community control sanctions on one count of Trafficking in Heroin and one count of Possession of Heroin, both of which are fourth-degree felonies. His driver’s license was suspended for six months.
Susan Oliver, 41, of North Harmony Street in Medina, was sentenced to nine months in prison on one count of Driving Under the Influence of Drugs or Alcohol, a fourth-degree felony.
Duane Paxton, 28, was sentenced to six months in jail on one count of Forgery, a fifth-degree felony.
Mark Peterson, 52, of Woodridge Avenue in Akron, was sentenced to three years of community control sanctions on one count of Trafficking in Heroin, a fifth-degree felony.
Edwin Roldan, 20, of West Bergey Street in Wadsworth, was sentenced to three years of community control sanctions on one count of Attempted Unlawful Sexual Conduct with a Minor, a fifth-degree felony. He also was labeled a Tier I Sex Offender.
Nathaniel Serrano, 41, of state Rout 20 in Wakeman, was sentenced to three years of community control sanctions on one count of Failure to Give Notice of Change of Address, a third-degree felony.
Lisa Breedlove, 32, of East Homestead Street in Medina, pleaded not guilty to one count of Burglary, a second-degree felony. A jury trial is scheduled for July 25.
Nichole Fenick, 33, of Valley Drive in Medina, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for July 27.
Daniel Hodges, 38, of Kenton Lane in Brunswick Hills, pleaded not guilty to one count of Breaking and Entering, a fifth-degree felony. A jury trial is scheduled for July 28.
Shannon James, 25, of Alameda Avenue in Cuyahoga Falls, pleaded no contest to one count of Possession of Cocaine, a fifth-degree felony. Sentencing is scheduled for June 30.
Medina County Prosecutor
The following people appeared in Judge Kimbler's court on May 26, 2011 for criminal cases:
Mason Chalmers, 23, of Old Post Road in Olmsted Falls, was sentenced to three years of community control sanctions on one count of Theft and one count of Breaking and Entering, both of which are fifth-degree felonies. He also was ordered to pay $1,450 restitution to the victim.
Gerald Kruger, 44, of Main Street in Wadsworth, was sentenced to six months in jail on one count of Domestic Violence, a fourth-degree felony.
Artice Lollis, 20, of Cleveland, was sentenced to three years of community control sanctions on one count of Trafficking in Heroin and one count of Possession of Heroin, both of which are fourth-degree felonies. His driver’s license was suspended for six months.
Susan Oliver, 41, of North Harmony Street in Medina, was sentenced to nine months in prison on one count of Driving Under the Influence of Drugs or Alcohol, a fourth-degree felony.
Duane Paxton, 28, was sentenced to six months in jail on one count of Forgery, a fifth-degree felony.
Mark Peterson, 52, of Woodridge Avenue in Akron, was sentenced to three years of community control sanctions on one count of Trafficking in Heroin, a fifth-degree felony.
Edwin Roldan, 20, of West Bergey Street in Wadsworth, was sentenced to three years of community control sanctions on one count of Attempted Unlawful Sexual Conduct with a Minor, a fifth-degree felony. He also was labeled a Tier I Sex Offender.
Nathaniel Serrano, 41, of state Rout 20 in Wakeman, was sentenced to three years of community control sanctions on one count of Failure to Give Notice of Change of Address, a third-degree felony.
Lisa Breedlove, 32, of East Homestead Street in Medina, pleaded not guilty to one count of Burglary, a second-degree felony. A jury trial is scheduled for July 25.
Nichole Fenick, 33, of Valley Drive in Medina, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for July 27.
Daniel Hodges, 38, of Kenton Lane in Brunswick Hills, pleaded not guilty to one count of Breaking and Entering, a fifth-degree felony. A jury trial is scheduled for July 28.
Shannon James, 25, of Alameda Avenue in Cuyahoga Falls, pleaded no contest to one count of Possession of Cocaine, a fifth-degree felony. Sentencing is scheduled for June 30.
Judge Collier's Criminal Docket for May 31, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Collier's court on May 31, 2011 for criminal cases:
Sarah Vormelker, 27, of Bank Street in Lodi, was sentenced to five years of community control sanctions on one count of Possession of Heroin, a fifth-degree felony. Her driver’s license was suspended for six months.
David Alley, 51, of Fay Drive in Wadsworth, pleaded not guilty to 19 counts of Pandering Sexually Oriented Matter Involving a Minor, 12 of which are second-degree felonies and seven of which are fourth-degree felonies. A jury trial is scheduled for June 29. He remains in the Medina County Jail on $100,000 bond.
Roger Graham, 32,of Avon Lake Road in Lodi, pleaded guilty to one count of Child Endangering, a third-degree felony. Sentencing is scheduled for July 7.
Cassie Jones, 23, of Miner Drive in Medina, pleaded not guilty to five counts of Misuse of Credit Cards, Elderly, all of which are fifth-degree felonies. A jury trial is scheduled for August 22.
James McDonald, 48, of Deepwood Drive in Medina, pleaded not guilty to two counts of Rape, both of which are first-degree felonies; one count of Gross Sexual Imposition, a fourth-degree felony; and one count of Importuning, a fifth-degree felony. A jury trial is scheduled for June 29. He remains in the Medina County Jail on $150,000 bond.
Danielle Smeal, 19, of Wadsworth Road in Norton, pleaded guilty to one count of Theft, a fifth-degree felony. Sentencing is scheduled for July 25.
Medina County Prosecutor
The following people appeared in Judge Collier's court on May 31, 2011 for criminal cases:
Sarah Vormelker, 27, of Bank Street in Lodi, was sentenced to five years of community control sanctions on one count of Possession of Heroin, a fifth-degree felony. Her driver’s license was suspended for six months.
David Alley, 51, of Fay Drive in Wadsworth, pleaded not guilty to 19 counts of Pandering Sexually Oriented Matter Involving a Minor, 12 of which are second-degree felonies and seven of which are fourth-degree felonies. A jury trial is scheduled for June 29. He remains in the Medina County Jail on $100,000 bond.
Roger Graham, 32,of Avon Lake Road in Lodi, pleaded guilty to one count of Child Endangering, a third-degree felony. Sentencing is scheduled for July 7.
Cassie Jones, 23, of Miner Drive in Medina, pleaded not guilty to five counts of Misuse of Credit Cards, Elderly, all of which are fifth-degree felonies. A jury trial is scheduled for August 22.
James McDonald, 48, of Deepwood Drive in Medina, pleaded not guilty to two counts of Rape, both of which are first-degree felonies; one count of Gross Sexual Imposition, a fourth-degree felony; and one count of Importuning, a fifth-degree felony. A jury trial is scheduled for June 29. He remains in the Medina County Jail on $150,000 bond.
Danielle Smeal, 19, of Wadsworth Road in Norton, pleaded guilty to one count of Theft, a fifth-degree felony. Sentencing is scheduled for July 25.
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