IN THE SUPREME COURT OF OHIO IN RE: BURT, a minor child. Case No. 2007-1751 On Appeal from the Stark County Court of Appeals, Case No. 2006-CA-00328 MOTION FOR RECONSIDERATION OF APPELLANT BURT OFFICE OF THE OHIO PUBLIC DEFENDER ANGELA MILLER #0064902 RONALD CALDWELL #0030663 Stark County Prosecutor Assistant Public Defender AARON HOWELL #0081347 Assistant Prosecuting Attomey 8 East Long Street - 11th Floor Columbus, Ohio 43215 Counsel of Record (614) 466-5394 Stark County Prosecutor's Office (614) 644-0708 - Fax 110 Central Plaza, South-Suite 510 [email protected]Canton, Ohio 44702 (330) 451 - 7889 COUNSEL FOR APPELLANT J.F. COUNSEL FOR APPELLEE STATE OF OHIO FEB 23 CLERK O F COURT SUPREr OF OHIO
Transcript
IN THE SUPREME COURT OF OHIO
IN RE: BURT,a minor child.
Case No. 2007-1751
On Appeal from the Stark County Court ofAppeals, Case No. 2006-CA-00328
MOTION FOR RECONSIDERATION OF APPELLANT BURT
OFFICE OF THE OHIO PUBLIC DEFENDER
ANGELA MILLER #0064902
RONALD CALDWELL #0030663Stark County Prosecutor
Assistant Public Defender AARON HOWELL #0081347Assistant Prosecuting Attomey
8 East Long Street - 11th FloorColumbus, Ohio 43215
Counsel of Record
(614) 466-5394 Stark County Prosecutor's Office(614) 644-0708 - Fax 110 Central Plaza, South-Suite [email protected] Canton, Ohio 44702
(330) 451 - 7889
COUNSEL FOR APPELLANT J.F. COUNSEL FOR APPELLEESTATE OF OHIO
FEB 23
CLERK OF COURTSUPREr OF OHIO
Motion for Reconsideration Submitted Pursuant to S. Ct. R. P. XI, §2
Shardai Burt, a minor child, respectfully asks this Court to reconsider its decision
released in this case on February 11, 2009, In re Burt, Slip Opinion No. 2009-Ohio-507.
Specifically, Shardai submits that the opinion orders a remedy that does address the error found
by this Court. Further, the opinion is issued as "affirming" the lower court while also issuing a
directive that some remedial action is to be taken. Burt at ¶16. Shardai respectfully submits that
the slip opinion, as currently written, appears to support all of the lower court's actions when that
does not seem to be the intent of this Court.
The issue of the appropriate remedy was not directly in issue in this case but was
addressed in the Burt opinion. Indeed, it appears that the Court based its remedy, "striking first
degree misdemeanor (M-1) designations" from Ms. Burt's record as improper, on an incorrect
representation from Appellee at oral argument. When questioned on the validity of the "M-l"
designation, Appellee represented that the M-1 designation was simply a computer glich that
occurs in the Clerk's office. It is not. The trial court routinely and repeatedly treats the
"violation of a prior court order" offense as an M-1 from start to finish. (A-1).1 As a result, the
trial court exceeded its statutory authority by treating a violation of a court order as a first degree
misdemeanor. Therefore, Shardai's adjudication and disposition was illegal and void.
As more fully explained below, Shardai respectfully submits that this case warrants
reconsideration because:
. The Burt opinion is in conflict with two separate decisions from this Court: State v.
Beasley (1984), 14 Ohio St.3d 74, 471 N.E.2d 774; State v. Bezak, 114 Ohio St.3d 94,
2007 Ohio 3250.
. The trial court was not authorized to adjudicate and issue a disposition for an M-1offense in Shardai's case. Thus, the trial court abused its discretion. This Court's
i Names of the youth have been deleted.
1
holding should not result in Burt's case being affirmed. Indeed, this Court shouldreverse and remand this case in part for further proceedings consistent with this Court'sopinion.
1. A juvenile court exceeds its statutory authority when it adjudicates a youthdelinquent and orders a disposition for a first degree misdemeanor that does notexist.
Shardai accepts this Court's holding that a youth can be charged with violation of a court
order as an unclassified delinquency under certain circumstances. In Shardai's case, however,
she was charged, tried and received a disposition for violation of a court order as a first degree
misdemeanor. By treating Shardai's case as a first degree misdemeanor from start to finish,
when the Revised Code provides no such offense level, the trial court exceeded its authority
when it created the M-I offense level out of thin air. Thus, the proceedings against Shardai must
be considered void.
"The function and duty of the court is to apply the law as written." Beasley at 75. "A
court has no power to substitute a different sentence for that provided for by law." Id. "It is the
function of a court to construe statutes, not defeat them." Ex parte United States (1916), 242
U.S. 27. Thus, courts are not free to create offense levels not enacted by the legislature. A court
that simply creates its own offense levels, as was done in this case, and then imposes those
penalties upon individuals, is a court that exceeds its authority and renders a void judgment. It is
not disputed that there is not a criminal offense in the Ohio Revised Code entitled "Violation of
Prior Court Order" that is a first degree misdemeanor. See Burt at ¶16. Where a court does
,^omething that it is not statutorily authorized to do, as in this case, the remedy is to vacate the
void judgment and remand for further proceedings. State v. Beasley (1984) 14 Ohio St.3d 74,
471 N.E.2d 774. The Burt opinion must also be clarified because the remedy suggested does not
correct the violation found. This Court specifically states that "several trial court documents,
2
including the clerk's docket and the magistrate's orders, refer to the delinquency charge as a
misdemeanor of the first degree." Burt at ¶16. Thus, throughout the entire case the trial court
treated the offense as something that it clearly was not, a misdemeanor of the first degree.
Regardless, the trial court is asked to simply erase the M-1 on Ms. Burt's record as if it were a
typographical error. Id The State's claim at oral argument that the treatment of Shardai's case is
a "glich" is unsupported by the record and flies in the face of this Court's opinion. The juvenile
court clearly exercised power that it did not have - turning unclassified delinquencies into first
degree misdemeanors and applying those penalties.
This Court's precedent holds that a court cannot simply erase the offense level of a
proceeding that is void. "The effect of determining that a judgment is void is well established. It
is as though such proceedings had never occurred; the judgment is a mere nullity and the parties
are in the same position as if there had been no judgment." State v. Bezak, 114 Ohio St.3d 94,
2007 Ohio 3250, at 12, quoting Romito v. Maxwell (1967), 10 Ohio St.2d 266, 267-268, 227
N.E.2d 223. Thus, Shardai's case must be reversed and remanded for a new adjudication and
disposition.
II. The decision of the juvenile court to treat a violation of a court order as a first degreemisdemeanor in Shardai's case was an abuse of discretion. An abuse of discretion requiresa case to be reversed and remanded for further proceedings.
"Trial judges are entitled to exercise considerable discretion in the management of the
cases on their dockets." In re Disqualification of Sutula, 105 Ohio St.3d 1237, 2004 Ohio 7351
at ¶4. Courts, however, are not free to impose statutory requirements or procedures that are not
provided by statute. A court that inserts requirements into a case that are not provided by statute
abuses its discretion. MBNA America Bank, N.A. v. Bailey, 2006 Ohio 1550, 2006 Ohio App.
LEXIS 1436.
3
In Bailey, the trial court decided to impose additional requirements upon a creditor and
ordered that any garnislunent motions be submitted to the trial judge for "clearance" before
filing. Bailey at ¶4. No such procedure is required by the Ohio Revised Code. On appeal, the
Ninth District reversed and found that the trial court "exceeded its authority and abused its
discretion" by applying the non-existent procedure against the creditor. Id at ¶16. Indeed, the
court was not free to supplant its own statutory requirements.
A court requiring an approval procedure for one creditor pales in comparison to the
procedures employed by the Stark County Juvenile Court in violation of court order cases. From
start to finish, an M-1 offense level, not authorized by statute, was applied to children charged
with violating a court order. (A-1). Turning unclassified delinquencies into first degree
misdemeanors is unlawful. Thus, the Stark County Juvenile Court exceeded its authority and
abused its discretion.
Even if viewed as a case management problem, this Court's review of Stark County's
practice is goverrred by the abuse of discretion standard. Cahill v. New Richmond Nat'l Bank,
2002 Ohio 3881, 2002 Ohio App. LEXIS 4146 at ¶5. Indeed, a court's failure to realize that it
can grant a competency lrearing or that it can accept affidavits offered by one party constitutes an
abuse of discretion requiring reversal. See State v. Zukowski, l Oth Dist. No. 06AP-46, 2006 Ohio
5299; Oakbrook Realty Corp. v. Blout (1988), 48 Ohio App.3d 69, 71. Thus, the practice of
openly and actively charging, adjudicating and issuing a disposition for a first degree
misdemeanor in violation of court order cases is an abuse of discretion. The remedy certainly
requires more than erasing the "M-1" from Shardai's record. This Court's holding should have
resulted in Shardai's case being reversed and remanded for a new adjudication hearing, because
4
it is clear from the record that the Stark County Juvenile Court exceeded its authority and
abused its discretion by repeatedly applying an offense level that does not exist.
V. Conclusion
For the foregoing reasons, Shardai Burt respectfully asks that this Court reconsider its
Burt opinion, and apply the holdings from Beasley and Bezak, which hold that a court that
exceeds its statutory authority issues a void judgment.
Respectfully submitted,
OFFICE OF THE OHIO PUBLIC DEFENDER
^ L 1/k, I ( .Q,a-)4LIciANGEL MILLER #0064902Assistan ublic Defender
8 East Long Street, 11`h FloorColumbus, Ohio 43215(614) 466-5394(614) 752-5167 - [email protected]
COUNSEL FOR SHARDAI BURT
CERTIFICATE OF SERVICE
I certify a copy of the foregoing MOTION FOR RECONSIDERATION OF
APPELLANT J.F. has been sent, by regular U.S. mail, postage-prepaid, to John D. Ferrero, Stark
County Prosecutor, Stark County Prosecutor's Office, 110 Central Plaza South, Suite 510,
Canton, Ohio 44702, this 23rd day of February, 2009.
LLER #0064902lic Defender
COUNSEL FOR SHARDAI BURT
5
FEB-20-2009 FRI 03:00 PM ST CO PUBLfC DEFENDER FAX No. 330 451 1227 P.009
IN THE S' RK COUNTY COURT OF COMM 'PLEA.SFAMILY COUIt'f, nTVENILEIYfii"EW;;8T'W CuUNTY, OHIO
' ` `:'CASE•NOG .)fUIN RE: ^ ' "Guardian:Miticyr^ 5.^et^t^^. ^ ^Residence: la lv ^ 3.^ h S'n'ta^ N L 07 P;I)'I 3:) A i i 10- 53 ^^ 0 ^^• 0 0 g
COMPLAINTVIOLATION OF PRIOR COURT ORDER 1 ct., R.C. 2152.02
Before me,^7h e/17.# ,,i , Notary Public, personally came_b c^lN. , oi the '(.c hafw^, L1, F,t
Offico, who being duly sworn according to the law, deposts and says that s/he bas knowledge that the
above juvenile, age l 1p _, whose date of birth is 1 U!;? / _ftl_, appears to be deliuqt{ent in that:
0onoraboutthe2l}h day of OnJPMh?r
q as a continuous course of conduct from on or about the _ day2Q,_., to on orabout the_day -
of ^ 20^
in the County of Stark, State of Ohio, the juveni]e did violate a prior order of the Stark County Court
of Common Pleas, Juvenile Bivision, issued in. Case No. Ttl G 1 Ye^ 'cX2, 3 3
onthc_dayof
, docketed
. in which the juvenile'was alleged or adjudicated
a(n) CXdelinquent Oumvly cbiJ.d for the offense(s) of - Dt/
violations of Ohio Revised Codes Section(s)
To Wit: The juvenilc violated the following eonditions of probation and/or the court's order:
^}tenile ;Jid .i'(^ Pr,ti+ie[ Yor r•n.^Y, tU4.^.C.l on -W.t u.tP(,e.dci-ke,t
u.ulnki iZ^'^ t1 $,, ^l.xr 1c lS NA +0 V;a ( Scl.l ,m° pc,[ict fL>r`-t 1rL;^S
In violation of Ohio Revised. Code Section 2152.02(F)(2).
Signed: ^ --^Addre .: ^ l o rv{4hu ( l^k<z S,+^
_C w c-Q1a 4`{ 7 D'f'felephone: (7;r ) y s"1 7 Y Iq
Sworn to and signed in my presence this,2k day of AL..2 hrn_
- FEB-20-2009 FRI 03:00 PM ST CO PUBLIC DEFENDER FAX No. 330 451 7227
.,,
„.,
t,.ti^t
'IN THE STARK GOUNTY COURT OF COMMON PLEAS
3^} JUVENILE DIVISION, STARK COUNTY, OHIO
1N^^. -`-GUARDIAN: Mellssa RaituhRESIDENCE: 2943 Maple Avenua NE Canton OH 44714
COMPLAINT
P. 010
2007u1 02 18 0CASE NO. JU
VIOLATION OF PRIOR COURT ORDER 1 ct., R.C. 2152.02
Before me, Vickl A. Ruegg, Notary Public, personallycame Eric Winn, .
of the Stark County Juvanlle Probation Department, who being duly sworn according to fhe lew,
deposee and says that alhe has knowledge that ihe above Juvanlle, ogeS , whose date of birth lo
1 o102f 1gg1 appuers to be dollnquent In that on or about the 2]o,L day of June
2007, in tho County of Stark, State of Ohlo, the juvenllo did violate a prlororderofthe Stark County
Court of Common Pleas, Juvenllo Division, issued in case Na _2007JCR0053i_, `
In whtch tho)uvonlle was alleged or adjudleated a(n) ,_delinquant_(daltnquenUunruly)
chfld.
To wlt: On 8121107 the Mellssa Raltuh, mother of thla juvenlle reported him punching out the front wtndow ofthetr residence after a verbal argumont between tha two. Thls violatos probatlon rutet}2, Obay your parents,
teachers, guardians or custodians.
In violation of Ohlo Revlsed Code Sectlon 2152.02 (F)(2)•
o Cantral Pt;jza SouthCanton, ON 44702(330) 481-7414
}
Sworn to and slgned in my presence thls day of pGL , 2og7.
X ^!•((^%,^!Notary PubllcVlekl A. RuogB
Notary Public, State of OhloMy commisston expires October 3, 2007
fcund that a Crlsnd titat tha d^rrknt qRer an oDUrt. .L>^ _ G^Y Y.•.i.
YL:
FEB-90-2009 FRI 03:00 PM
PRINTED 021201200912.00.00
ST CO PUBLIC DEFENDER FAX No. 330 451 7227 P.011
STARK COUNTY PROSECUTORJOHN D. FERRERO, JR. (330-451-7897)
NANCY S. REINBOLDSTARK COUNTY CLERK OF COURTSCRIMINAL APPEARANCE DOCKET
6/21107 2152.02F2 (Ml) - VIOLATION OF A PRIOR COURT ORDER COMPLAINT FILED $ 0.008121/07 WARRANT 1SSUED ON 08/21/2007; (STARK CO. SHERIFF) $ 0.006/21107 CITATION DATE : 06121I2007 $ 0.006/21/07 JUDGE MICHAEL L. HOWARD ASSIGNED TO CASE $ 0.006/21/07 OFFICIAL DELINQUENT COMPLAINT FILED $ 0.006/22107 WARRANT RETURNED EXECUTED ON 6/21/07. $ 0.006122107 ARRAIGNMENT SET FOR 6-22-07 @ 2:30 PM $ 0.006122/07 FORM 1--12, FILED. $ 0.006/26107 PUBLIC DEFENDER APPOINTED AS COUNSEL $ 0.008/26/07 WARLOP, MARY IS APPOINTED AS COUNSEL FOR THE JUVENILE AND IS ENTERED
AS THE ATTORNEY OF RECORD.$ 0.00
6128/07 ARRAIGNMENT: MAGISTRATE'S DECISION FILED. PLEADED TRUE TO CT. 1.FINDING: JUVENILE DELINQUENT OFFENDEFt ON CT. 1. ORDERS: CT. 1: SERVE 30DAYS IN AC, 20 DAYS SUSPENDED, TOTAL OF 10 DAYS, RESTITUTION ORDERED -AMT TO BE DETERMINED, COMM SERV FOR 25 HRS BY, RANDOM URINALYSIS,COUNSELING, FULL SCHOOL ATTENDANCE, GOOD BEHAVIOR, NO CONTACT WITHSAMANTHA SOLOMON., OTHER ORDERS: COURT COSTS ASSESSED. JUVENILE TOCOOPERATE WITH APPOINTMENT FOR MEDS & TAKE ALL PRESCRIBEDMEDICATIONS..
$ 0.00
7/10/07 JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION AS ORDER OF THECOURT.
$ 0.00
7/13/07 CERTIFICATE OF MAILING FILED $ 0.007113107 COPY OF ORDER SENT TO AND PARENTIGUARDIAN BY ORDINARY
MAIL$ 0.00
FEB-20-2009 FRI 03:00 PM 5T CO PUBLIC DEFENDER FAX No. 330 451 7221 P. 012
PnAEGPE: TO THN GF.PK OF^,tlRrB Puquem a cidl RuleEB(e), enu are nereby dliaMnu ewe all P"eee MI m GelurtIN 1u1un ro nGGew irdra 940eXenwy bl rgWid. wluro.ct.Pra"IuOpmeM nM ne dele^",t(^l^yr.un qe jnumel In Ns mertnvpiwytlbetl by ONII sy.
X, enurtAlie
^Se^veC
stJc 50•1 (6105)
2o Ptl l Il= 05Tape No. C-!0" 1adr
COURT OF COMMON P'LEAS, FAMILY COURT DIVISION, STARK COUNTY, OHIOJUDGMENT EN'I'
In Re; D4MAGISTI2AT& Ila ISIONearances: F,-1-'n,'1 e iC Hu. k1rr1 p^ CASENO. .at7o'7- ?KR-^J1
tul ' nr P/1 P (t, y
Molbpr " ^}i+OdDelinquency [ JlJnruly [ ]Traffic
This matter came before the Court for),*^4rraignment (]Pretrial (]Disposition uponcomplaint(s) allegin :Charges:_ 0 1nfin
TOr cwo,r,'^,'(L Oea of ttvenite: p( ty d rrrrts ( ] DenresP
[] Notification of Rights - Juvenile Rule 29 [] Juveaile Waived Rights
[] Juvenile is REMANDED to the Multi-County Juvenile Attention Center pendingPretriallTrial/Disposition hearing which will be held:Detention is based upon [] juvenile may abscond [] required to protect person and/or propertyof self or others [] no available parent, guardian or custodian to assume custcdy.[] Juvenile is ORDERED RELEASED to:
Juvenile is released subject to the Pretrial Release Program. Juvenile shall cooperate and obeyall t(:rrns and conditions of the Pretrial Release Program. Juvenile's Pretrial R.elease programincludes (] Juvenile Intensive Monitoring Progrem [] EMHA House Arrest.[]The next hearing is scheduled forJuvenile shall appear for all scheduled hearings or a warrant shall issue furjuvenile's arrest.
After tnlong swo.rn testimony/plea:The Juvenile is found to be pQDelinquent []Unruly []Juvenile Traffic Offender as to the
FEB-20-2009 FRI 03:01 PM ST CO PUBLIC DEFENDER FAY. No. 330 451 7227 P.013
sC1C 503.1 PG2(6105)
Page 2
Prior stay en Case No. is ORDERED rescinded/continued:Juvenile is COM.MITTED inde.ftnitely to the custody of the Ohio Dept. of Youth Services[] for a tninitnum period of six (b) months [] for a minimum period of one ( 1) yearJuvenile's parole is revokedDept, of Youth Services Commitment stayed providing no violation of Court order,
community control or any law.[] Remand to the Attention Center for Court Placement (] Court Placeme t sus ended.^ Remand to the Attention Center for days. Release on:3 0 Q'^'
days at Attention Center suspended providing no violation of Court order,community control or any law. cla^' \
Court Ordered Conditiops/Interim Orders:UCommuniry Control ordered. Juvenile shall cooperate, panicipate with, and obey all terms and
conditionaset forth by Community Control.Ohio Operator's License suspended effective to .
>d], Restitution Ordered in the amount of by _ .
House atrest until . Parent /guardian to report any violation.
Juvenile is ordered to follow any and all recommendations for treatment issued as a result.[^[ Counseling Ordered [] Psychological Evaluation Ordered.
] CCO Ordered. All parties shaQ cooperate with the CCO process, ! a^;; k tn
,q Good behavior in Home, School, and Community Ordered. ^ CFuIIschool attendance Ordered - medical/doctor excuse required forl-sny absence/ta^y
9IS ours of Community Serv to be performed with}'q._,..^ days.
pQ Juvepile shall have n.o contact with: on+,/i-L, rx . c^ ^C^, .t.Zi .[] Juvenile shall cooperate with process necessary to provide a DNA (genetic) sample.i^ tt7 ( Q o T r tl : ).,+T' 7
/^ r• fhp
[] Imposition hearing is set for[] All prior orders of the Court shal
Date• ^ 1Glagistr
Nedca A p.fpr nq, punurnt u OFWe Clell Rnrtheerder. Ohfeeeloiu m e IM.ahtr.re
rem
t
a JyvEnlte to appear u face warrant.
tnt.
'r^Dd`ir Jurnule RuI^Q, R6:. wdnrn mallon t.n e^y he nIN witpinlnunreu ^Idj drn uf Ne rl
nrau Order'dthtn tM (lO) aqw of We nllnrden, Ap.rqAnllnot.ulpauernr.,r
Date Judget
FEB-20-2009 FRI 03:01 PM ST CO PU6LIC DEFENDER FAX No. 330 451 7227 P•014
I
IN THIs - i ARK COUN^Id't6L^R?G „OY,-FAM7LY COURT, NVENI(W; jMWbNf COUNTY, OHIO
IN RE: 07 CASENO. JUN;,IGuardian: DONNA &£MORY GREATHOUSE 1D: 30Residence: 7928 JUSTUS+' AVE SW WXR 0!' 0 1 0
NAVARRE, OH 44662COMPLAINT
VIOLATION OF PR1OR COURT ORDER I ct., R.C. 2152.02
Before me, YAHTONJA K. STONE . Notary Public, personally came
JENNIFER CRABLE ,oftheStarkCountyJuvenileIntake/ProbationAepartment,who
being duly swom according to the Iaw, deposes and says that s/he has knowledge that the above
juven[le, age15 , whose date of birth is 3 / 19 / 92 , appears to be delinquent in that:
181 on or about the 29TH day of NOVEMBER 2007
O as a continuous course of conduct from on or about the dayof 20 , to on or abo ut the : dayof 20 ,
in the County of Stark, State of Ohio, the juvenile did violate a prior order of the Stark County Court
of Common Pleas, Juvenile Divisicn, i9sued in Case No. JU 2006JCR03406
in which the juvenile was alleged or adjudicated a(n) ®delinquent Qunruly child for the offense(s)
of GRAND THEFT , viotations of Ohio Revised Codes Section(s)2913.02
To Wit: The juvenile violated the following conditions of community control, probation andlor the
court's order: aas been suspended out of Fai.rless High Schoolfor tea days. This is a violation of probation rule #7 "You are to attendschool regularly & on time. You will attend all your classes, labs, studyha1Ls on cime. Good behavior in the school & claseroom is expected."
In violation of Ohio Revised Code Section 2l 52.02(F)(2), pursuant to 2152.021
Sigued^Address: 1 AMES DUN N PLAZA
ASSILLON, OH 44646
Telephone: 330 833-1081
Swarn to and signed in my presence this ^AY,44 day of N 0u em^ 0--
ONENotary Publlc, 9tate of OMoMy Commission Expires
Septamber 19, 2008Hscorded In Stark County
A-6
FEB-20-2009 FRI 03:01 PM
PRINTED 02/201200912.00.00
ST CO PUBLIC DEFENDER FAX No. 330 451 7227 P•015
STARK COUNTY PROSECUTORJOHN D. FERRERO, JR. (330-451-7897)
NANCY S. REINBOLDSTARK COUNTY CLERK OF COURTSCRIMINAL APPEARANCE DOCKET
STATE OF OHIO, PLTFF
vs
CASE NUMBER : 2007JCR04010JUDGE: HON. DAVID STUCKICOURT ROOM : 7DATE OPEN: 11/30/07DATE CLOSE: 12/19107
, DEFTATTORNEY:
11130/07 DATE OF ARREST: 11/29/2007 $ 0.0011/30/07 CITATION DATE : 1112912007 $ 0.0011/30/07 CASE IS PROCEEDING AS AN OFFICIAL CASE $ 0.0011/30107 2917.31AC2 (M1) - INDUCING PANIC $ 0.0011/30/07 2152.02F2 (M1) - VIOLATION OF A PRIOR COURT ORDER . $ 0.0011/30107 COMPLAINT FILED $ 0.0011130107 JUDGE DAVID E. STUCKI ASSIGNED TO CASE $ 0.0011/30/07 PROBABLE CAUSE FOUND -. WARRANT AFTER ARREST ISSUED AND SERVED IN
OPEN COURT$ 0.00
11/30/07 ARRAIGNMENT SET FOR 11130/2007 @ 2:30 PM $ 0.0011 /30107 JUVENILE INVESTIGATION AND DETENTION FORM, FILED. $ 0.001213/07 NOTICE OF APPEARANCE FILED. MACKEY, JOHN IS RETAINED AS PRIVATE
COUNSEL FOR THE JUVENILE AND IS ENTERED AS THE ATTORNEY OF RECORD.$ 0.00
1213/07 JUVENILE'S REQUEST FOR DISCOVERY FILED WITH PROOF OF SERVICE $ 0.0012/3/07 JUVENILE'S REQUEST FOR BILL OF PARTICULARS FILED WITH PROOF OF SERVICE $ 0.0012/3107 ARRAIGNMENT: MAGISTRATE'S ORDER FILED. PLEADED NOT TRUE TO CT. 1, 2. $ 0.0012/3/07 PRE-TRIAL SET FOR 12/5/2007 11:00 AM $ 0.0012/6107 THE FOLLOWING CASES HAVE BEEN COMBINED FOR JUDICIAL ECONOMY:
2007JCR03783, 2007JCR03784, 2007JCR04010. SEE ENTRY IMAGE FOR COMBINEDORDERS.
$ 0.00
12/6/07 PRE-TRIAL: MAGISTRATE'S ORDER FILED. ORDERS: CT_ 1: OTHER ORDERS: ALLPRIOR ORDERS SHALL CONTINUE..
$ 0.00
1216/07 PRE-TRIAL SET FOR 12/7/2007 11:00 AM $ 0.001217107 THE FOLLOWING CASES HAVE BEEN COMBINED FORJUDICIAL ECONOMY:
2007JCR03764, 2007JCR03783, 2007JCR04010. SEE ENTRY IMAGE FOR COMBINEDORDERS,
$ 0.00
12/7/07 PRE-TRIAL: MAGISTRATE'S ORDER FILED, $ 0.0012/7/07 TRIAL SET FOR 12/12/2007 11:00 AM $ 0.0012/7/07 STATE'S REQUEST FOR DISCOVERY FILED WITH PROOF OF SERVICE $ 0.0012/7/07 STATE'S RESPONSE TO REQUEST FOR DISCOVERY FILED WITH PROOF OF
SERVICE$ 0.00
12/10/07 COPY OF SUBPOENA SENT TO CHIEF DENNIS STILLION BY SHERIFF; SUBPOENA TOHOLLY BAKER BY SHERIFF; SUBPOENA TO SGT FISHER BY SHERIFF; SUBPOENATO OFF BENNY TRUMAN BY SHERIFF; SUBPOENA TO JENNIFER CRABLE BYSHERIFF; SUBPOENA TO DONNA GREATHOUSE BY SHERIFF
$ 0.00
12/11/07 RETURN OF SERVICE: SUBPOENA ISSUED TO JENNIFER CRABLE BY SHERIFF,SERVED ON 12/11/07.
$ 0.00
12/12/07 RETURN OF SERVICE: SUBPOENA ISSUED TO CHIEF DENNIS STILLION BY SHERIFF,SERVED ON 12111/07.
$ 0.00
12/12/07 RETURN OF SERVICE: SUBPOENA ISSUED TO SGT FISHER BY SHERIFF, SERVED $ 0.00ON 12111/07.
12/12/07 RETURN OF SERVICE: SUBPOENA ISSUED TO OFF BENNY TRUMAN BY SHERJFF,SERVED ON 12/11/07.
$ 0.00
12J12/07 RETURN OF SERVICE: SUBPOENA ISSUED TO DONNA GREATHOUSE PERSONALLYBYSHERIFF, SERVED ON 12/11/07.
$ 0.00
FEB-20-2009 FRI 03:01 P!U ST CO PUBLIC DEFENDER FAX No. 330 451 7227 P,018
12/12/07 RETURN OF SERVICE: SUBPOENA-ISSUED TO HOLLY BAKER BY SHERIFF, SERVED $ 0.00ON 12111/07.
12/12107 THE FOLLOWING CASES HAVE BEEN COM8INED FOR JUDICIAL ECONOMY: $ 0.002007JCR03784, 2007JCR03783, 2007JCRO4010, 2007JCR04102. SEE ENTRY IMAGE
12112107FOR COMBINED ORDERS.ARRAIGNMENT: MAGISTRATE'S ORDER FILED. PLEADED NOT TRUE TO CT. 1, 2. $ 0.00
12/12/07ORDERS: CT. 17 PD FEE WAIVED. CT. 2: PD FEE WAIVED.TRIAL SET FOR 12119/2007 11:00 AM $ 0.00
12/20/07 THE FOLLOWING CASES HAVE BEEN COMBINED FOR JUDICIAL ECONOMY: $ 0.002007JCR03784, 2006JCR02665, 2007JCR03783, 2007JCR04010, 2007JCR04102. SEE
12/20/07ENTRY IMAGE FOR COMBINED ORDERS.TRIAL: MAGISTRATE'S DECISION FILED. PLEADED TRUE TO CT. 1, 2. FINDING: $ D.00
1/9/08JUVENILE DELINQUENT OFFENDER ON CT. 1, 2.JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION AS ORDER OF THE $ 0.00
1/11/08COURT.CERTIFICATE OF MAILING FILED $ 0.00
1/11/08 COPY OF ORDER SENT TO PARENT/GUARDIAN AND DAVID GREATHOUSE BY $ 0.00
1/14/08ORDINARY MAILCOPY OF SUBPOENA SENT TO KYLE MILLS BY SHERIFF; SUBPOENA TO SGT. $ 0.00
/16!08
FISHER BY SHERIFF; SUBPOENA TO SHANE STANTZ BY SHERIFF; SUBPOENA TODUSTIN MOORE BY SHERIFF; SUBPOENA TO DONNA LEIGH GREATHOUSE BYSHERIFFRETURN OF SERVICE: SUBPOENA ISSUED TO SHANE STANTZ BY SHERIFF, SERVED 0.00ON 1115/08.
1116108 RETURN OF SERVICE: SUBPOENA ISSUED TO DUSTIN MOORE BY SHERIFF, $ 0.00
1/16/08SERVEb ON 1/15/08.RETURN OF SERVICE: SUBPOENA ISSUED TO DONNA LEIGH GREATHOUSE $ 0:00
1116/08PERSONALLY BY SHERIFF, SERVED ON 1/15/08.RETURN OF SERVICE: SUBPOENA ISSUED TO SGT. FISHER BY SHERIFF, SERVED $ 0.00ON 1/15/08.
1116108 RETURN OF SERVICE: SUBPOENA ISSUED TO KYLE MILLS BY SHERIFF, SERVED ON $ 0.001115/08.
3/5/08 JUDGMENT ENTRY APPROVING APPOINTED COUNSEL FEES: $ 0.00
FEB-20-2009 FRI 03:01 PM ST CO PU6LIC DEFENDER FAX No. 330 451 7221 P.011
90JC :- Yt i31tlEt
Tape No. „^^
COURT OF COMMON PLEAS, FAMILY COURT DIVISION, STARK COUNTY, OHIO.
In Re:
Ap earances: / Aluia ^i.r • .(3
tJ/.+'Wr
JUDGMENT ENTRY
]^MAGISTRA RDER ECIBION
CASE NO. J-n I n^Cw'^a 3'^^
,^.-l^'/ /rvio'( Delinquent [JUnruly [- ] Trafflc
PRAECIPE: TO THE CLERK OFCOUr{ra Pureual4 to Cw0 Rule701B1, you are hareby d'ueclyd to4aNe all padlea not in defaull lottellUta to appaaf andfor Iherranornay af ratord. noUca oI Ihujudpment and he dme of enm/upon Iha louinel In the mannorpi cllEod by Ciui1 Rule 5(B).
<rvee In caud
This matter cam before the co for hearing up Qn complalnt(s) alleging:Charge(s): ^[ rr u f 1/ /l 3v/ri L ^ Jk ^ ^e%<J^ ^ ^i3xs^
elNalD0.f11 E lo ^m d ^ne aqaCN3.
/Il/A
na C^ 16- G! (Jrot^e^^L(' ^f.^ ;r tLrt,^/
Notification of Rights - Juv. R. 29; [] Waived [] AHorney Requested (Public Defender 330-451-7200)
The cases below were combined for the purpose of judicial economy. The pleas entered by the Juvenile and the tindings of courtare as follows. The Juva-na wac r.nraventpd hv atlorney JOHN MACKEY- The fo0owing parties have been served with a copy ofthis entry in court: JUV INTAKE-CARY BROWN, PROS-MICHELLE CORDOVA, PROBATIONOFFICER-JENNIFER CRABLE.
FINDINGS OF FACT
Matter was set for Pretrial. Discovery is in process.
2007JCRD3783 Magistr®te'a Order
,.^
r-i
Judge: Da^cid .E: Stucki
Tnis matter came before the Court for the hearing type of, Pro-Trial, upon the filing of a camplaint.alleg rr¢ the abovenamed person to be a Juvenlle Delinquent Offender by reason of: ;c̀^ .. "^ .^.. . , - .-... . _ • .. . . ^ ._ _.CowH_ ^ Charcge ORC Oeqrcc P ea ^ Adjudication
Magistrate's Order Judge: David E. Stucki
This matter came before the Court for the hearing type of; Pro-Trial, upon the flling of a complalnt alleging the abovenamed person to be a Juvenile Delinquent Offender by reason of:
Count I Gnarge j oRC I l7egrce I riea I AafumcauonINbUGIFhoPY3NIG "` ' " ' ' ' 2917.31AC2 ' MtVIOLqTION:OF A PRIO.R COURT ORDER 2152.02F2 Mi
• Other Orders: All prior orders shali continue.• Thie Pre-Trial hearing Is continued to 12/712007 11:00 AM. Juvenile shall appear or a warrant will be issued,
. Other Orders; AII prior orders She11 conOnue.E This Pre-Trial hearing is cortttnued to 121712007 11:00 AM, Juvenile shall appear or a warrant will be issued,
2007JCR03784 Maglstrate's Order Judge: David E. Stucld
This matter came before the Court for the hearing type of; Pre-Trial, upq^(the filing of a complaint alleging the abovenamed person to be a Juvenile unruty Offender by reason of:
Count
• This Pre-Trial hearing ie continued to 121712007 t 1:00 AM. Juvenile shall appear or a warrant will be Issued,
• ..ilA7 `^2 1.02Zb ' '$O. .
• Other Ordere: All prior orders shall contlnue.
2007JCR04010
A-10
FEB-20-2009 FRI 03:02 PM ST CO PUBLIC DEFENDER FAX No. 330 451 1221 P1019
DAVI6 E GREATHOUSE, you are hereby ordered by the court to-oamply-wilh the following orders:r-
i. Be present for a Pre-Trlal hearing on 12l712007 1^0 AM or a warr^yoW arrest wT14 be issued.
2. Other Orders on case'2007JCROa783: All prio o ers shall con3. Other Orders on case 2007JCR03784: All pr . r ders shall4. Other Orders on case 2007JC1 t04010: All p, loy' rderss
ILlUOILUUf I
Date 'Priscilla Cunnie 40. FILE A WRITTEN MOT.
OROER 06JFZTIONS TO A MAGISTRATE DECISIDN MAY 6E FhED W IiHINJFGUATEEN (1e1 DAYS OF THE OII,INDASSION AS ERROR TM' nPPEAL THE OOURT'S ADOPTION OP ANY F4CTUAL FINDING Ok LEGAL CONCLUS{ON. WH
', h7fgg-l§tratezwIDOE A MAGI9TBATE ORDER ^TITH TEN It0} DAYD OF TNE FILIIIG OF THETME OEGI610N. EXCEPT FOR A CLAIM OF v1pIN ERROR, A PAp`P/ SNALL NDT
THER OR NOT SPEGIFFlCALLY DESIONATED AS A FINGING OF FACT OR
CDBGWSIDN OF 11W.UNLE95 TH@ PARTY HA6 08JECTEO TO THAY FINDINO OR CONCLU90N AS REOUIR^Dy lUV. R 40(DI(3)(e)
Page 2 of 2
PURSUANT TO OMIO CIVIL RULES lT OR JUVENILOPARTY WY
A-11
FEB-20-2009 FRI 03:02 P12
PRINTEO 07J20/200912.OD.00
ST CO PUBLIC DEFENDER FAX No. 330 451 7227 P,020
STARK CQUNTY PROSECUTORJOHN D. FERRERO, JR. (330-451-7897)
NANCY S. REINBOLDSTARK COUNTY CLERK OF COURTSCRIMINAL APPEARANCE DOCKET
STATE OF OHIO, PLTFF
vs
CASE NUMBER: 2008JCR02373JUDGE: HON. JIM JAMESCOURT ROOM : 6DATE OPEN: 8/14/08DATE CLOSE: 918/08
, DEFTATTORNEY:
8/14/08 2152.02F2 (M7) - VIOLATION OF A PRIOR COURT ORDER COMPLAINT FILED $ 0.008/14/08 . WARRANT ISSUED ON 0811412008; (STARK CO. SHERIFF) . $ 0:008/14/08 CITATION DATE : 0 811 3/20 0 8 $ 0.008/14108 OFFICIAL DELINQUENT COMPLAINT FILED . $ 0.008114/08 JUDGE JIM D. JAMES ASSIGNED TO CASE $ 0.008/14/08 JUVENILE DESCRIPTION FORM FILED. $ 0.008114/08 REQUEST FOR WARRANT FILED $ 0.008/27/08 WARRANT RECALLED FROM STARK CO. SHERIFF $ 0.008/27/08 WARRANT RETURNED EXECUTED ON 8/27/08. $ 0.008127108 ARRAIGNMENT SET FOR 8-27-08 @ 2:30 PM $ 0.008128108 THE FOLLOWING CASES HAVE BEEN COMBINED FOR JUDICIAL ECONOMY:
2008JCR02486, 2008JCR02373. SEE ENTRY IMAGE FOR COMBINED ORDERS.$ 0.00
8128/08 ARRAIGNMENT: MAGISTRATE'S ORDER FILED. PLEADED NOT TRUE TO CT. 1.REMANDED TO AC BEGINNING IMMEDIATELY UNTIL NEXT HEARING.
$ 0.00
8128108 PRE-TRIAL SET FOR 9/3/2008 9:45 AM s 0.008/28/08 ORIGINAL WARRANT IS RETURNED FROM STARK CO SHERIFF $ 0.00912108 JUVENILE'S REQUEST FOR DISCOVERY FILED WITH REQUEST FOR SERVICE FILED. $ 0,00912108 ATTORNEY JOHN MACKEYS ENTRY OF APPEARANCE AS COUNSEL FOR JUVENILE,
DAVID EMARY GREATHOUSE WITH REQUEST FOR SERVICE FILED. .$ 0.00
9/2/08 COPY OF REQUEST FOR DISCOVERY AND ENTRY OF APPEARANCE SENT TOJUVENILE PROSECUTOR BY COURT MAILBOX
$ 0.00
913/08 THE FOLLOWING CASES HAVE BEEN COMBINED FOR JUDICLAL ECONOMY:2008JCR02468, 2008JCR02373. SEE ENTRY IMAGE FOR COMBINED ORDERS.
$ 0.00
9/3/08 PRE-TRIAL: MAGISTRATE'S ORDER FILED. PLEADED NOT TRUE TO CT. 1. FINDING:CT. 1 IS DISMISSED. ORDERS: CT. 1: DNATESTING. REMANDED TO AC BEGINNINGIMMEDIATELY UNTIL NEXT HEARING.
$ 0.00
9/8/08 THE FOLLOWING CASES HAVE BEEN COMBINED FOR JUDICIAL ECONOMY:2008JCR02488, 2008JCR02373. SEE ENTRY IMAGE FOR COMBINED ORDERS.
$ 0.00
918108 DISPOSITION: JUDGMENT ENTRY FILED. FINDING: CT. I IS DISMISSED. ORDERS:CT. 1 :c DNA TESTING.
$ 0.00
9/15/08 JUDGMENT ENTRYAPPROVING APPOINTED COUNSEL FEES: $ 0.001211108 50°/uTRANSCRIPT REIMBURSED - COURT OF APPEALS $ 0.00
FEB-20-2009 FRI 03:02 PM ST CO PUBLIC DEFENDER FAX No. 330 451 7227 P•021
I- IN THE COURT OF COMMON PLEAS, FAMILY DIVISION
STARK COUNTY, OHIOc G r
IN THE ^"QTTr° n° C+LEP.^ QF^^UFj ^ CASE NO.: 2008JCR02468, 2008JCR02373S7AF^K 0''OOl)N7Y Ul'{^^ TAPE NO.: CR5-50-2160
ALLEGED OATE:9I3108 9:48 P M"DELINOUENT OFFENDER
APPEARAb• OB SEP -3 Sh I I 0 I^°. JUV•_.. ATTY-MACKEY, JOHN, PROS-AARON HOWELL, INTAKE-JACOB MORGAN,
DORR, CCF-PIERCE, PARENTS'
The cases below were combined for the purpose ofjudicial economy. The pleas entered by the Juvenile and the findings of courtare as follows. The Juvenile was represented by attorney MACKEY, JOHN. Best interest and reasonable effort Gndings have beenmade previously. The followina oarttes havp hapn -^^-l with a copy of this entry in court: PROS-AARON HOWELL, INTAKE-JACOB MORGAN, JUV-, , ATTY-MACKEY, JOHN.
FINDINGS OF FACT
JUVENILE RULE 29 RIGHTS WAIVED
200BJCR02468 Magistrate's Order Judge: Jim D. James
This matter came before the Court for the hearing type of Prs-Trial, upon the filing of a complaint alleging the abovanamed person to be a Juvenlle Delinquent Offender by reason of:
Count Charge ORC Degree Piaa Adjudtcation
1 ESCAPE 2921.34A1C2B F3 True Dellnquent
. Disposltfon hearing set for 9/B/2008 9:45 AM. Juvenile shall appear or a warrant will be issued.
2008JCR02373 Maglstrate's Order Judge: Jim D. James
This matter came before the Court for the hearing type of; Pre-Trial, upon the Bling of a complalnt alleging the abovenamed person to be a Juventie Daltnquent Offender by reason of:
Count Charge ORC Degree Plaa Adjudication1 VIOLATION OF A PRIDR COURT ORDER 2152.02F2 Mt NotTrue Dlsmissad
Orders: ,• Dismissed by the Court upon motion of Prosecutor.
• The Juvenlle is remanded to the Juvenile Attantlon Cenfe ending Disposltlon, which wlll be held on 918/20089:45 AM. Detention Is based upon: the Juvenlle may ajKcond, for the protection of property, self, and/or 'others, placement begins immedlately.
. You are now subject to Community Control by ti}EFamily Court for a perlod of 6 months subject to thefnllowing canditlons:
o Cooperate with the process nec"ry to provide a genetic DNA sample.. Disposition hearing set for 9/8/2008 9:4SAM.
DISPOSITIONAL SUMIv]ARY
DAVID EMARY GREATHOUSE, you are hereby ordered by the court to comply with the folfowing orders:
1. Be present rar a Disposltion hearing on 91812008 9:45 AM or a warrant for your arrest will be Issued.2. Be present for a Disposition hearing on 91812008 9:45 AM.3, The Juvenile is remanded to the Juvenile Attentlon Center pending Disposition, which wJll be held on 9/8/2008 9:45 AM.
Detention Is based upon: the Juvenlla may abscond, for the protection of property, self, and/or others, pfacement beginsimmediately.
4. You are now subject to Community Control by lhe Famlly Court for a period of 6 months subject to the followingoondibons:
Page 1 of 2 x
^^
Ff6-20-2009 -FRI 0N2 PM ST CO PUBLIC DEFENDER FAX No. 330 451 1221
o Coopereta with the process necessary to provide a genetlc DNA sample.
gl03/2008Date Rosemarie Hall, Magistrate
P. 022
NOTICE; A PARTYMAV. PURBqANY TO OHOO CIYIL RULES W OR JUVENILE RULE<q FILE A WN17T2N MOTION TO SETABIDEA MAOISTRATE ORDER WITH TEN (10( DpYS OF THE FILING OP THE_ ORDER.,OBJEC710NCY.DAMqGWTFAIPI.^ECI810N.NAYREEI ' ' ' ' " ' ' OT^^'-
ABNIONABERRORONAPPpqLiHECOURT'BADOPTICNOFANYFACTUALFlNDIN00 L OALCONCAUSIDN, WHERIERORNOTSPEGIFICALLYDESIONATEDASARNDINGOFFACTORCONCLUBIONOFLqW,UNLE08THEPARTYlNBOBJECTEOTDTWTFlNDINODRCDNOW61pNA8REDUWED6YJUV.R.NC(D)IDI(gF
Page 2 of 2
FEB-20-2009 FRI 03:02 PM ST CO PUBLIC DEFENDER FAX No. 330 451 7227
IN THE COURT OF COMMON PLEAS, FAMILY DIVISION
^IN THE IuATrr;a r i C JN^ 1}{la CASE NO,: 2008JCR01867, 2008JCR01491AI1QLtCI1 -' • ^ 1ArCmV.:I.KC-3Z•IaN
The casos below were combined for the purpose of Judicial economy. The pleas entered by the Juvenile and the findings of courtare as follows. The Juvenlle was represented by attorney ABNEY, ROBERT. Best interest and reasonable effort findlnqs havebaen made provlously. The foUowing parties have been served with a copy of this entry in court JUV- 1,PROS-CLINTADAMS, INTAKE-DARNETTE REID, PROBATION OFFICER-STEVE HUMPHREY, DJF6-Lrnr vi iAUAUND,ATTY COLEMAN.
FINDINGS OF FACT.
4108 WEAPON ON SCHOOL PROPERTY 6 MONTHS DYS 2008JCRR810; SECOND WEAPON ON SCHOOLPROPERTY SECOND DYS 2007JCR01625SUBSTANTIAL NUMBER OF VIOLATIONS-LAST VOPCO 1lO8;HAS MISSED 82 DAYS OF SCHOOL, GIVEN COURT PLACEMENTA YEAR AGO; ROGERS HONOR FARMREFUSED HIM
^ Y o0LL\ H JI^ STARK COUNTY, OHIO
^-
2098JCR01587 Magtstrate's Dectston Judge: Jlm D. James
This matter eame before the Court for the hearing type of, Pro-Trial, upon the filing of a complalnt alleging the abovenamed person to be a Juvenlle Delinquent Offender by reason of:
. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any law enforcement agency having custodyof evldence in this case may dispose of said evidence pursuantto Ohio Revised Code Section 2933.41 afterthe appropriate time period has passed and provlded no appeals are pending In the above captioned case(s)-
This malter cama bafore the Court for the hearing type of; Pro-Trial, upon the filing of a oornplalnt alleging the abovenamed person to be a Juvenile Dallnquent Offender by reason of:
Count Charge ORC Degree Plea Adjudication1 VIOLATION OF A PRIOR COURT ORDER . 2182.02F2 M1 True Dellnquent
o You are now subject to Communlty Control by the Family Court and requlred to adhere by the conditions ofCourt Probation.
. Other Orders: SUSPENDED DYS COMMITMENT ON 2006JCRo8i0IS RESCINDED AND JUVENILE ISCOMMITTED TO 6 MONTHS DYS COURT RECOMMENDS CCF 8 MONTH DYS SUSPENSION IN2007JCR1625 IS CONTINUED
• IT IS FURTHER ORDE,RED, ADJUDGED, AND DECREED that any law enforcement agency having custodyof evidence In this case may dispose of said evidence pursuant to Ohlo Revlsed Code Section 2933.41 afterthe appropriate time peried has passed and provided no appeals are pending in the above captioned case(s).
DISPOSITIONAL SUMMARY
ANDREW ALAN CARD, ygu qra hareby ordered by the court to comply with the following orders:
1. You are nowsubject to Community Control by the Family Court and required to adhere by the condttlons of Court
Pdge 1 of 2
FEB-20-2009 FR.I 03:02 PM ST CO PUBLIC DEFENDER FAX No. 330 451 7227 P•024
ProbaUon.2. Other Orders on case 2008JCR01491: SUSPENDED DYS COMMITMENT ON 2006JCR0810 IS RESCINDED AND
JUVENILE IS COMMITTED TO 6 MONTHS DYS COURT RECOMMENDS CCF 6 MONTH DYS SUSPENSION IN2007JCR1625 I'S CONTINUED
3. Upon leaving the courtroom today, you shall proceed to the Clerks Office, Room 680, to pay fines and costs in full or tomake payment arrangements.
L
5136/2t)DBDate Sally A. Efremoff, MaglstrNOTICE; A PAqTY MAY, PURBWVJT TD OHIO CIVIL RULlB 63 OR JUVENILE RULE 40, FILE A WAITTEN MOTION TD BETABIDL A NAD)6TRAT8 DRDER WRYL TEN (10) DAY9bP THE F0.IN0 OF TNEDRDER.DPJECTONSTOAMAOIBTRATEDECIBICNMAYBEPILEDNtlTHWPOURTEEN (141 DAY80FTHEFILINDDFTHEDE018H)N.EXLEPTFDRACL^NhoFPiAINERRlSR,APARTYSNALLNOTASSIDNASERRORONAPPEALTHECCURT•BAnOPTIDNDFANYFACNALFINDIN00RLEaALDONCLU610N W'HETHERCRNOTBPECIFICALLYDE910NATeDABAPINDINOCFFACTDRCONCLUSION OP LAW, UNL988 TNE PARTY HAB DBJECTED TD THAT FINDIND OR CCNCLUSIDN AS RBqU1N6 BY JUV, A. 4oRTN1)(B).
Page2of2•
A-1fi
FEB-90-2009 FRI 02:59 PM ST CO PUBLIC DEFENDER FAX No. 330 451 72fl
COURT OF COMMON PLEAS, JUVENILE DIVISION. STARK COUNTY. 01110JUDGNJV NTRY
Magistr esOrdc '
iN RE: . "n Record: CR4-41-1731CASE NO. J-2006-JCA-2764 ADDITIONAL CASE NO. J-
This matter canie before the court for hearing upon complaint(s) alleging:Violation of Prior Court Order (M I)
C^ .,N :
Findings of Fact:luvenlle has pending case in Summit County which is being certified down here to btark, Juvenile acknowlcdges service, waives formalreading, defects, etc. and entered a plea of NOT TRUE to the above cherge. Juvenile needs to be held - alleged conflict with step-father.risk of harm to family members and needed to protect himsetras well. Juvenile previously cut ankle bracelet when on EMNA.
Public Defender is appotnted. 825 fee for appointed counsel is assessed and ' rdered to be p d wlthin 7 days.tJuvenile is remanded to the Attention Center pending the nex[ hearing, w 1c dl h PRE'fRIAL on Aug t 23,,2006 at 9:15 e.m.
iMediarion is ordercd prior to the next heariog;/
Applicatioo Fee
atratd Priscilla J. CuNOTtCE: A party may, pursuanr ro Ohio Juvebila{tule 40 file a written motion to se
the order. Objcetions to a MagLstrate Decision n* bc fifed within rourteen dA party shall not assign as error on appeal the court's adoptioo of any finding o aet or eonclusion of law in this decision unless theparty timely attd specifically objects to that finding or eonclusion as describcd herein.The Court, having made an fadepandent analysis of the issucs end the applicable by law horeby approves and adopts the MagisoateDecision and orders it to be entered as a mauer of record.
Date : Judge __
A-17
FEB-20-2009 FRI 02:59 PM
PRINTED 02120/2009 12,00.00
ST CO PUBLIC DEFENDER FAX No. 330 451 7221 P•003
STARK COUNTY PROSECUTORJOHN D. FERRERO; JR. (330-451-7897)
NANCY S. REINBOLDSTARK COUNTY CLERK OF COURTS
CRIMINAL APPEARANCE DOCKET
STATE OF OHIO, PLTFF
vs
, DEFTATTORNEY:
CASE NUMBER : 20D6JCR02764JUDGE: HON. MICHAEL HOWARDCOURT ROOM : 12DATE OPEN: 8/17/06DATE CLOSE: 8/30108
8/16J06 CITATION DATE : 08107/2008 $ 0.008/16/06 REFERRAL FROM PROSECUTOR'S OFFICE FORWARDED TO JUVENILE INTAKE $ 0.008117/08 CASE IS PROCEEDING AS AN OFFICIAL CASE $ 0.008117/06 2152.02F2 (Ml) - VIOLATION OF A PRIOR COURT ORDER $ 0.008/17/06 COMPLAINT FILED $ 0.008117/06 JUDGE MICHAEL L. HOWARD ASSIGNED TO CASE $ 0.008I17/06 PROBABLE CAUSE FOUND - WARRANT AFTER ARREST ISSUED AND SERVED IN
OPEN COURT$ 0.00
8/17/06 ARRAIGNMENT SET FOR 8/17/2006 @ 1:30 PM $ 0.008/17/06 FACE SHEET FILED $ 0.008/17/06 JUVENILE INVESTIGATION AND DETENTION FORM FILED. $ 0.008/18/D6 JUVENILE'S REQUEST FOR BILL OF PARTICULARS FILED WITH PROOF OF SERVICE $0.008/18/06 JUVENILE'S REQUEST FOR DISCOVERY FILED WITH PROOF OF SERVICE $ 0.008/18106 PUBLIC DEFENDER APPOINTED AS COUNSEL $ 0.008/18106 ARRAIGNMENT: MAGISTRATE'S ORDER FILED. REMANDED TO AC BEGINNING
IMMEDIATELY UNTIL NEXT HEARING.$ 0.00
8124106 PRE-TRIAL; MAGISTRATE'S ORDER FILED. PLEADED NOT TRUE TO CT. 1.REMANDED TO AC BEGINNING IMMEDIATELY UNTIL NEXT HEARING.
$ 0,00
8/24/06 PRE-TRIAL SET FOR 8/3012006 10:00 AM $ 0.008/24/06 STATE"S REQUEST FOR DISCOVERY FILED WITH PROOF OF SERVICE $ 0.008/24/06 STATE'S RESPONSE TO REQUEST FOR DISCOVERY FILED W ITH PROOF OF
SERVICE$ 0.00
8/31/06 PRE-TRIAL: MAGISTRATE'S DECISION FILED. PLEADED TRUE TO CT. 1. FINDING:JUVENILE DELINQUENT OFFENDER ON CT. 1. ORDERS: CT. 1: SERVE 45 DAYS INAC, 15 DAYS CREDITED, TOTAL OF 30 DAYS, FULL SCHOOL ATTENDANCE, GQODBEHAVIOR, CURFEW OF 7:00:00 PM, OTHER ORDERS: MEDIATION ORDERED ANDTO BE COMPLETED AT THE ATTENTION CENTER. FOLLOW RECOMMENDATIONS OFMEDIATION.
$ 0.00
8/31/08 DISPOSITION ON CASE CERTIFIED FROM SUMMIT COUNTY ALSO COMPLETEDTODAY- CASE DL06-07-003509..
$ 0.00
9/18/06 JUDGMENT ENTRYADOPTING MAGISTRATE'S DECISION AS ORDER OF THECOURT.
$ 0.00
9/20/08 CERTIFICATE OF MAILING FILED $ 0.009/20/06 CERTIFICATE OF MAILING FILED $ 0.009/20/06 COPY OF ORDER SENT TO MICHAEL SMALLWOOD BY ORDINARY MAIL; ORDER TO
MELINDA MCLANCE BY ORDINARY MAIL$ 0.00
9/20/06 MAGISTRATE'S DECISION FILED. OTHER ORDERS: JUVENILE IS TO BE RELEASED9-19-06 AFTER 4:00 PM. JUVENILE IS REQURED TO PARTICIPATE IN 5:30 MEDIATIONAPPT. THE BALANCE OF HIS SENTENCE IS SUSPENDED, ALL PRIOR ORDERSREMAIN IN FULL FORCE AND EFFECT. JUVENILE IS TO CONTINUE ON AFTERCARE.
$ 0.00
12/15108 COURT COSTS RECEIVED FROM MELINDA MCCANCE . RECEIPT NO :JCR009782 INTHE AMOUNT OF: $131.78
$ 0.00
;ra .
FE6-20-2009 FRI 02:5g PM ST CO PUELIC DEFENDER FAX No. 330 451 1221 P.004
CDUAT OF CDAMON PLEAS, JUVBN[LE D1VJS[ON, 3TA1(JKOUNTY. OHIOJIIDG I
Megistr / DecisloA
A4 RE: Record: CR9-55-2735CASE NO.1-2006-1CR-3244 ADDIIIONAL CASE N0. J-
This matre,r came beFare the court for hearing upon complalnt(a) alleging:Violation of Prior Conrt Order (Ml)
Findings ofFact:Matter was eat For Arraigntnent. Complaint read in open cotut. Juvenile waived tha right to counsoL Juvenile waived trlal rights and pledTRUE to the above charge.
After [] taking eworn teatiniony: [ X] admisolon / etipulation: [ j mntion:The court flnris: Juvenile Is Del ucvtt __
Disposition:
ORDERS:1. Crood bchavior in honte, school aad commtth(ty Is ordered-2. Mandatory school atmndance is ordered.
t\1
3. Legal cuetoQy ofthe above Javanlle is q,ranted to Father. MoBr shall haveJreasonable and opcn visitation ae dae parties agtee.4.luvenfle to rernain on aftercete with L.Cole.5. Court placemeant ts ordered - 8[JSPENDE'D at tbis6. luvenile is ordered to do communlty seTvice - 757. Coats aeeeaesd to the parents equal[y.
Date: 10-27-2006Makistrfite Pi'iscilla J. C
NO'1'ICE: A paity may, pursuant to Ohio Juvenile Rule 44We a written motioa t Ma¢ist[am Order witftkt ten (10) deys ufthe order. Objectiope to a Magielrate Dec7afnn may ba Sled wittdn fomtoen(14 ays ofthe filing of the decision.A party ehall not aesign as enor on appaal the conrt'e adoption of any finding of faot or conclusion of law 1n this decision unlass theparty tlmely and speoiNcatly objecte to that flnding or eanclusion as described herein.The Court, having tnade ao independent analyaia of the iasues and the applicable by law hereby approvee aod adopte the MagiatrateDeolslon nnd orders It to ba entered ea a matter oP rocord.
Date : Judge
xA-19
FEB-20-2009 FRI 02:59 PU
PRINTED 021201200912.00,00
ST CD PUBLIC DEFENDER FAX No. 330 451 7227 . P1005
STARK COUNTY PROSECUTORJOHN D. FERRERO, JR. (330-451-7897)
NANCY S. REINBOLDSTARK COUNTY CLERK OF COURTSCRIMINAL APPEARANCE DOCKET
STATE OF OHIO, PLTFF
vs
CASE NUMBER: 2006JCR03244JUDGE: HON. DAVID STUCKICOURT ROOM : 7DATE OPEN: 10/11/06DATE CLOSE: 10/27/06
, DEFTATTORNEY:
10/2J06 CITATION DATE: 09122l2006 $ 0.0010/2/06 REFERRAL FROM PROSECUTOR'S OFFICE FORWARDED TO JUVENILE INTAKE $ 0.0010/11106 CASE IS PROCEEDING AS AN OFFICIAL CASE $ 0.0010111/06 2152.02F2 (M1) - VIOLATION OF A PRIOR COURT ORDER $ 0.0010/11/06 COMPLAINT FILED $ 0.0010/1 t J06 JUDGE DAVID E. STUCKI ASSIGNED TO CASE $ 0.0010111/06 ARRAIGNMENT SET FOR 1012712006 @ 1:00 PM $ 0.0010/11/06 COPY OF SUMMONS SENT TO MICHAEL SMALLWOOD BY SHERIFF; SUMMONS TO
MELINDA MCLANCE BY SHERIFF$ 0.00
10/19/06 RETURN OF SERVICE: SUMMONS I5SUED TO MICHAEL SMALLW OOD BY SHERIFF, $ 0.00SERVED ON 10118106.
10/19106 RETURN OF SERVICE: SUMMONS ISSUED TO MELINDA MCLANCE BY SHERIFF,SERVED ON 10118/06.
$ 0.00
10/27/06 ARRAIGNMENT: MAGISTRATE'S DECISION FJLED. PLEADED TRUE TO CT. 1.FINDING: JUVENILE DELINQUENT OFFENDER ON CT. 1, ORDERS: CT. 1: COMMSERV FOR 75 HRS BY 1130/2007, FULL SCHOOL ATTENDANCE, GOOD BEHAVIOR,OTHER ORDERS: MOTHER SHALL HAVE REASONABLE & OPEN VISITATION ASPARTIES AGREE; CT. PLACEMENT SUSP'D; COSTS TO PARENTS EQUALLY..RELEASED TO THE CUSTODY OF FATHER.
$ 0.00
11/27106 JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION AS ORDER OF THECOURT.
$ 0.00
11127/06 CERTIFICATE OF MAILING FILED $ 0.0011/27106 CERTIFICATE OF MAILING F1LED $ 0.0011 i27106 COPY OF ORDER SENT TO MICHAEL SMALLWOOD BY ORDINARY MAIL; ORDER TO
MELINDA MCLANCE BY ORDINARY MAIL$ 0.00
10/2107 DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION ANDENFORCEMENT ACT
$ 0.00
12/15/08 COURT COSTS RECEIVED FROM MELINDA MCCANCE - RECEIPT NO :JCR009784 INTHE AMOUNT OF: $149.78
$ 0.00
FEB-20-2009 FRI 03:00 PM ST CO PUBLIC DEFENDER FAX No. 330 451 7227 P. 006
SCJC BOa.r (^'0^I
TapeND. !K & - /0 / r
COURT OF COMMON PLEAS, FAMILY COURT DIVISION, STARK COUNTY, OHIOJUDGMrtNT ENTRY
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' ltt!"r-!_̂Y^' /+r.^^l r ^.3/lt.ri^_._
Ap earances:J. ^
^A fvfAGISTRATE DE_ ECISION
CASE NO. J. 6 1JC 1-44 YU i''Y
Dehnquent [ I Unruly [ J Traffio
Thls matter ceme befP re the court fof hearing upon complalnt(s) alleging:Cherge(s): 4! ^ (t P ty !,'^ -I )
The [uvenlle ►s tound to be ["f2l Delinquent [] Unruly [] Juvenile TruHic Offender IG
After taking stvorst tes 'e^imny:
I [] Matter Is Dlsmissed upon motion of
cDPsposition:
Headng continuad to: CA
[] Pretrlal Release Program ordered. Juvenile shall cooperate and obay all terms and conditions of the Pretrial n
' PRAECJPE: TO THE ClEAK eFCOURTS Pmniant In Cwl Rule58(8(, rGU ere Yi91ib1' dVecled reserve eu portles nm M defaulf forfsllme rn eppeeranalor melratiomey cl recerd, rcllce of preJudgment end ue dale ef eplryupon rnn Wurnal 1n Ihe mennerF riheC by C1NI pule 5(B).
ened m courl
Notification of Rlghts - Juv, R. 29: [}fJ Walved [] Attomey Requested ( Public Defender 330-451-7200)
uvenile.. ^^lyAdmits [ ] Denies
Juvenila is ORDERED Raleased to • ^,. _ ,{,/] Juvenile is REMANDED to tha Multi-County Juvenile Attention Center nding a-RretrialFCda[ 3̂ >1°J ' C'"
^ 1 CO S^ iwhich will be held: (11 U/ P^ L>2 • h^• 0 7 W y
Detention is based upon: [ I child may abscond [Xrequired to protect person and property of self or others
no available parent, guardian or custodian to assume custody. ^
,// jo c:J 7
A-21
FEB-20-2009 FRI 03:00 PM Si CO PUBLIC DEFENDER FAX No. 330 451 7227 P.001
1N THE COURT OF COMMON PLEAS, FAMILY ®IVISIONSTARK COUNTY, OHIO
; .:
'IN THE MATTER OF '4 ,
u CASE NO,: 2007JCR04009S^^K CGUN OHO TAPE NO : 10-61-1658
The pleas entered by the Juveniie and the findings of court are as foilows. The Juvenlle s a> rnprF+sented by attorney JOYDONHAM. The following parties have been served with a copy of this entry In court JUV "^n PROS-LEWIS DGUARNIERI, INTAKEJACOB MORGAN, PROBATION OFFICER-ERIC WINN, DJFS-HUDAK.
FINDINGS OF FACT
Reasonable efforts were made to prevent the need for placement The juvenUe's continued residence In or return tothe home would be contrary to the fuvenile's beat iMerest and welfare. THERE 19 NO REASONABLE LIKELIHOODTHAT THE CURRENT HOME SITUATION CAN BE SUFFICIENTLY STABILIZED TO PERMIT THE JUV TORETURN HOME
2007JCR04009 Maglatratsa Decislon Judge: Davld E. Stucki
This mattar ceme before the Court for the hearing type of; Disposition, upon the filing of a complaint alleging theabove named person to be a Juvenlle oalinquent Offender by reaeon ot
• The Juvenile Is remanded to the Juvenile Attention Center for placement until a group home is available,placement begins Immediately.
. Other Ordera; COURT PLACEMENT ORDERED• IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any law enforcement agency having custody
of evidence In thls case may dispose of said evidenoe pursuant to Ohlo Revised Code Section 2933,41 afterthe eppropriate time pedod has passed and provided no appeals are pending In the above captioned case(s),
TOTAL DISPOSITION
ZACHARY PRICE, you are hereby ordered by the court to comply wlth the following orders:
1. Be remanded to the Juvenile Attentlon Center for placement until a group home Is available, placement beginsImmediately.
2- Other Orders on caae 7007JCR04009: COURT PLACEMENT ORDERED
^1210512007 -rDate Patrick Menicoa, MagistrateNOTICe: A PARTY W.V. PURSUANT TD OHIO C1vIL RULE6 63 OR JUVENILE RULE 40, FIIE A VIRITTEN MOTION TO 9ETASNE A MA6IBTRATE ORDER WITN TEN (1G) DAYS OP TNE FILING OF TREORD2R. OBJECTIONOTD A We!&TRATE DECISION MAY 06 FILED WITHIN FOURTE2N (14) DAYS OF TNE F41N0 OF TNE DECISION. E%CEPTFOR A CLAIM DF PLAN EIROR, A PARTT' DHALI NOTA89IONA6ERXORONAPPEdLTHECOURTBADOPT,ONOFANYFACTUALFINDINOORLEOALCONCLU610N WNETNERDRMOTBPEqFICALLYDES10NATEDA6AFINDINOOFFACTORCONCLU9iDN OF LAW, UNLE9R THE PARTY M6 OBJECTEO TY) THAT FIRDINO OR CONCLUSIDN A6 REOUIRE'0 BY JUV. R. tVID1191(8).
Page 1 of I
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- FEB-?0-2009 FRI 03:00 PU
PRINT@D 02/20l200912.00.00
STCO PUBLIC DEFENDER FAX No. 330 451 1221 P.008
STARK COUNTY PROSECUTORJOHN D. FERRERO, JR. (330-451-7897)
NANCY S. REINBOLDSTARK COUNTY CLERK OF COURTSCRIMINAL APPEARANCE DOCKET
STATE OF OHIO, PLTFF
vs
CASE NUMBER: 2007JCR04009JUDGE: HON. DAVID STUCKICOURT ROOM : 7DATE OPEN: 11/30/07DATE CLOSE: 12/21/07
N Ir,r DEFTATTORNEY:
11 /30/07 DATE OF ARREST: 11129/2007 $ 0.0011/30/07 CITATION DATE : 1 1129/2 0 0 7 $ 0.0011130/07 CASE IS PROCEEDING AS AN OFFICIAL CASE $ 0.0011/30/07 2152.02F2 (Ml) - VIOLATION OF A PRIOR COURT ORDER $ 0.0011/30107 COMPLAINT FILED $ 0.0011/30/07 JUDGE DAVID E. STUCKI ASSIGNED TO CASE $ 0.0011/30/07 PROBABLE CAUSE FOUND - WARRANT AFTER ARREST ISSUED AND SERVED IN
OPEN COURT$ 0.00
11/30/07 ARRAIGNMENT SET FOR 11/30/2007 @ 2:30 PM $ 0.0011130/07 FORM 1-12, FILED. $ 0.0011 /30/07 JUVENILE INVESTIGATION AND DETENTION FORM, FILED. $ 0.0012/3/07 PUBLIC DEFENDER APPOINTED AS COUNSEL $ 0.0012/3107 ARRAIGNMENT: MAGISTRATE'S ORDER FILED. PLEADED TRUE TO CT. 1. FINDING:
JUVENILE DELINQUENT OFFENDER ON CT. 1. REMANDED TO AC BEGINNINGIMMEDIATELY UNTIL NEXT HEARING.
$ 0.00
12/3107 DISPOSITION SET FOR 12/512007 9:00 AM $ 0.0012/5107 DISPOSITION: MAGISTRATE'S DECISION FILED. ORDERS: CT, 1: OTHER ORDERS:
COURT PLACEMENT ORDERED . REMANDEp TO AC BEGINNING IMMEDIATELYUNTIL PLACEMENT AVAILABLE.
S 0.00
12/21107 REVIEW: MAGISTRATE'S DECISION FILED. ORDERS: CT. 1: FULL SCHOOLATTENDANCE, GOOD BEHAVIOR, OTHERORDERS: RELEASED FROM AC TOMOTHER NOW. RELEASED TO THE CUSTODY OF MOTHER.
$ 0.00
119/08 JUDGMENT ENTRY ADOPTING MAGISTRATE'S DECISION AS ORDER OF THECOURT.
$ 0.00
1/11/08 CERTIFICATE OF MAILING FILED $ 0.001/11108 COPY OF ORDER SENT TO ^ = AND PARENT/GUARDIAN BY ORDINARY
