| 10/21/2026 |
BW FTA ABILITY TO PAY ISSUED TO FPD FOR SERVICE |
| 10/20/2026 |
FTA Ability to Pay Hearing Issued |
| 10/20/2026 |
Warrant issued for ABILITY TO PAY HEARING on 10/20/2026 |
| 10/5/2026 |
Ability to Pay Issued |
| 10/5/2026 |
Assignment Notice File Issued |
| 10/5/2026 |
ABILITY TO PAY set for 10/20/2026 at 10:00 AM in room 3 by Magistrate MATTHEW A CUNNINGHAM |
| 3/10/2026 |
STATUS CONFERENCE set for 04/13/2026 at 10:00 AM by JUDGE ALAN D HACKENBERG Hearing was set on 03/10/2026 by JUDGE ALAN D HACKENBERG |
| 3/10/2026 |
Fines & Costs not paid case set for Status Conference. |
| 1/8/2026 |
Desk Review continued to 03/09/2026 at 05:00 PM in room 2 by JUDGE STEPHANIE M BISHOP |
| 10/16/2025 |
Written MOTION TO RELEASE REGISTRATION BLOCK filed by Defendant on 10/16/2025 |
| 10/16/2025 |
MOTION TO RELEASE REGISTRATION BLOCK GRANTED by MATTHEW A CUNNINGHAM Magistrate on 10/16/2025 |
| 10/16/2025 |
RELEASE OF REGISTRATION BLOCK Issued |
| 7/2/2025 |
Desk Review set for 12/29/2025 at 05:00 PM in room 2 by JUDGE STEPHANIE M BISHOP |
| 7/1/2025 |
TC Journal Entry Issued |
| 7/1/2025 |
Journal This Day, July 01, 2025 This matter came on for consideration. It is the order, judgment and decree of this court that THIS DAY THIS MATTER CAME ON TO BE HEARD UPON AN ABILITY TO PAY REVIEW HEARING. THE DEFENDANT WAS PRESENT WITH HIS ATTORNEY PAUL MAEKASK. THE DEFENDANT IS STILL UNEMPLOYED AND HAS FILED ANOTHER APPLICATION FOR DISABILITY. THE COURT FINDS THAT DEFENDANT'S SITUATION HAS NOT CHANGED SINCE THE ABILITY TO PAY HEARING ON 2/25/2025. IT IS ORDERED THAT THE DEFENDANT SHALL BE PLACED ON THE DESK REVIEW DOCKET FOR NEXT 6 MONTHS. MATTHEW A CUNNINGHAM Magistrate |
| 4/14/2025 |
License Forfeiture Recall sent to BMV |
| 4/11/2025 |
License released on 04/11/2025 |
| 3/27/2025 |
Assignment Notice File Issued |
| 3/27/2025 |
ABILITY TO PAY set for 07/01/2025 at 09:00 AM in room 3 by Magistrate MATTHEW A CUNNINGHAM ABILITY TO PAY REVIEW HEARING |
| 3/27/2025 |
THE COURT APPROVES THE MAGISTRATE'S DECISION AND HEREBY ADOPTS THE DECISION AS AN ORDER OF THE COURT. SIGNED BY STEPHANIE M. BISHOP, JUDGE |
| 3/11/2025 |
MAGISTRATE’S DECISION
(Criminal Rule 19(D)
This 25TH day of February 2025, this matter came on to be heard upon the Court’s Motion to determine if the Defendant has the ability to pay his fines and costs. The Court finds that the Defendant is present in Court represented by Attorney, Todd Mosely. The City of Findlay was not present.
The Court placed the Defendant under oath. The Defendant presented evidence. From the evidence adduced at hearing, the Court makes the following findings of fact:
1. The Defendant is residing at 221 E Wallace St Findlay, OH. He is living with his 7 year old daughter, his Wife, and Mother-in-law, Debra Marquert. The Defendant has been living at said address for the last 6 years. Debra Marquert is the owner of the residence.
2. The Defendant has been married for 6 years, and his wife is employed at Untangled Hair Salon. Wife’s monthly take home pay is approximately $1,400 to $1,500.
3. The Defendant had 5 back surgeries. The Defendant has degenerative disk disease in his back and “crushed” his sciatic nerve. Lumber vertebrae L2, L3, L4, and L5 are fused.
4. On August 23, 2022, the Defendant filed an application for Supplemental Security Income alleging disability. The claim was denied on October 3, 2022, and a full administrative hearing was conducted on October 26, 2023.
5. The Administrative Judge determined that the Defendant “has the residential functional capacity to perform sedentary work as defined in 20 CFR 416.967(a)” with exceptions. The Administrative Judge also determined that the Defendant would not be able to “perform past relevant work as actually or generally performed.” See Exhibit A.
6. A vocational expert testified that the Defendant “would be able to perform the requirements of representative sedentary, unskilled occupations such as telephone clerk, order clerk, and document preparer.” See Exhibit A
7. The Administrative Judge concluded “that, considering the claimant’s [Defendant] age, education, work experience, and residual function capacity, the claimant [Defendant] is capable of making a successful adjustment to other work that exists in significant numbers in the national economy.” See Exhibit A.
8. The Administrative Judge determined that the Defendant is not disabled.
9. Currently, the Defendant is unemployed and a stay at home dad.
10. The Defendant’s last employer was Whirlpool. He worked at Whirlpool 4 or 5 months ago. Defendant stated that he was making $21.00 per hour, but he quit the job after 3 days of work.
11. Prior to the Whirlpool job, the Defendant’s last employment was 5 years ago managing a convenient store.
12. The Defendant stated that he has difficulty finding employment because of his bad back and felony record. However, the Defendant stated that he has not applied for any jobs that are outlined in the disability decision.
13. The Defendant stated that he is going to contact the Public Defender’s Office to assist him in expunging his felony record.
14. The Defendant’s mother-in-law does not charge him rent to reside in her house, and she does not charge him any utility costs.
15. The Defendant’s mother-in-law also pays for all the groceries.
16. The Defendant is on Medicaid. The Defendant is not receiving any other government benefits.
17. The Defendant owes $26,000 in child support arrearages.
18. The Defendant does not have a car or a bank account.
Based on the above findings and facts, the Magistrate makes the following recommendations:
a. The Court should find that the Defendant does not have the ability to pay his fines and costs.
b. The Court should place the Defendant on the Ability to Pay Review docket and set a subsequent hearing in 3 months to determine if the Defendant has a change in circumstances to determine if the Defendant has the ability to pay.
The party is advised that the Defendant has a period of fourteen (14) days from the filing of this Magistrate’s Decision in which to file written objections to this Decision in accordance with Ohio Criminal Rule 19(D) and rules of this Court. The party is further advised that “a party shall not assign on appeal the Court’s adoption of any factual finding or legal conclusion, whether or not specifically designated as finding of fact or conclusion of law under Crim. R. 19(D)(3)(a)(ii), unless the party has objected to that finding or conclusion as required by Crim. R. 19(D)(3)(b).”
See Crim. R. 19(D)(3)(b)(iv). The objecting party shall file the transcript or affidavit with the Court within thirty days after filing objections unless the court extends the time in writing for preparation of the transcript or other good cause. Crim. R. 19(D)(3)(b)(iii).
Respectfully submitted,
MATTHEW A CUNNINGHAM, MAGISTRATE
|
| 1/13/2025 |
Ability to Pay Issued |
| 1/13/2025 |
Assignment Notice File Issued |
| 1/13/2025 |
ABILITY TO PAY set for 02/25/2025 at 09:30 AM in room 3 by Magistrate MATTHEW A CUNNINGHAM |
| 9/30/2024 |
STATUS CONFERENCE set for 11/04/2024 at 09:30 AM by JUDGE ALAN D HACKENBERG Hearing was set on 09/30/2024 by JUDGE ALAN D HACKENBERG |
| 9/30/2024 |
Fines & Costs not paid as ordered case set for Status Conference. |
| 5/6/2024 |
STATUS CONFERENCE set for 06/24/2024 at 10:00 AM by JUDGE STEPHANIE M BISHOP Hearing was set on 05/06/2024 by JUDGE STEPHANIE M BISHOP |
| 5/6/2024 |
Fines & Costs not paid case set for Status Conference. |
| 4/1/2024 |
STATUS CONFERENCE set for 05/06/2024 at 10:00 AM by JUDGE ALAN D HACKENBERG Hearing was set on 04/01/2024 by JUDGE ALAN D HACKENBERG |
| 1/22/2024 |
STATUS CONFERENCE set for 03/25/2024 at 09:00 AM by JUDGE STEPHANIE M BISHOP Hearing was set on 01/22/2024 by JUDGE STEPHANIE M BISHOP |
| 1/22/2024 |
Fines & Costs not paid case set for Status Conference. |
| 11/13/2023 |
STATUS CONFERENCE set for 01/22/2024 at 09:30 AM by JUDGE ALAN D HACKENBERG Hearing was set on 11/13/2023 by JUDGE ALAN D HACKENBERG |
| 11/13/2023 |
Fines & Costs not paid as ordered case set for Status Conference. |
| 9/11/2023 |
Fines & Costs not paid as ordered case set for Status Conference. |
| 9/11/2023 |
STATUS CONFERENCE set for 11/13/2023 at 09:00 AM by JUDGE ALAN D HACKENBERG Hearing was set on 09/11/2023 by JUDGE ALAN D HACKENBERG |
| 7/27/2023 |
STATUS CONFERENCE set for 09/11/2023 at 10:30 AM by Magistrate MATTHEW A CUNNINGHAM Hearing was set on 07/27/2023 by Magistrate MATTHEW A CUNNINGHAM |
| 7/26/2023 |
Defendant failed to appear for Status Conference and a bench warrant is ORDERED in the amount of $500.00 on case: 03TRC11103. |
| 5/3/2023 |
MOTION TO RELEASE FINES AND COSTS FORFEITURE DENIED by MATTHEW A CUNNINGHAM Magistrate on 05/03/2023 (SEE ENTRY) |
| 5/2/2023 |
TC Journal Entry Issued |
| 5/2/2023 |
Journal This Day, May 02, 2023 This matter came on for consideration. It is the order, judgment and decree of this court that THIS DAY THIS MATTER CAME ON TO BE HEARD UPON THE MOTION OF THE DEFENDANT TO RELEASE THE DEFENDANT'S LICENSE FORFEITURE IMPOSED DUE TO THE DEFENDANT'S FAILURE TO PAY THE DEFENDANT'S FINES AND COURT COSTS. THE COURT FINDS THAT THE DEFENDANT MADE ONLY ONE PAYMENT SINCE 1/12/2022. THE COURT FINDS THE MOTION NOT WELL TAKEN AND IS HEREBY DENIED. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT THE LICENSE FORFEITURE SHALL REMAIN ACTIVE. THE COURT WILL RECONSIDER THE MOTION WHEN THE DEFENDANT ENTERS INTO A PAYMENT PLAN AND CONSISTENTLY COMPLIES WITH THE PAYMENT PLAN. MATTHEW A CUNNINGHAM Magistrate |
| 5/1/2023 |
Written MOTION TO RELEASE FINES AND COSTS FORFEITURE filed by Defendant on 05/01/2023 |
| 5/1/2023 |
STATUS CONFERENCE set for 07/03/2023 at 09:00 AM by Magistrate MATTHEW A CUNNINGHAM Hearing was set on 05/01/2023 by Magistrate MATTHEW A CUNNINGHAM |
| 5/1/2023 |
Fines & Costs not paid as ordered case set for Status Conference. |
| 3/1/2023 |
STATUS CONFERENCE set for 05/01/2023 at 09:30 AM by JUDGE STEPHANIE M BISHOP Hearing was set on 03/01/2023 by JUDGE STEPHANIE M BISHOP |
| 12/21/2022 |
Desk Review set for 01/23/2023 at 05:00 PM by JUDGE ALAN D HACKENBERG Hearing was set on 12/21/2022 by JUDGE ALAN D HACKENBERG |
| 10/19/2022 |
STATUS CONFERENCE set for 12/19/2022 at 09:30 AM by JUDGE ALAN D HACKENBERG Hearing was set on 10/19/2022 by JUDGE ALAN D HACKENBERG |
| 10/19/2022 |
Fines & Costs not paid case set for Status Conference. |
| 1/12/2022 |
Fines & Costs not paid case set for Status Conference. |
| 1/12/2022 |
STATUS CONFERENCE set for 02/28/2022 at 10:30 AM by JUDGE STEPHANIE M BISHOP Hearing was set on 01/12/2022 by JUDGE STEPHANIE M BISHOP |
| 10/7/2021 |
STATUS CONFERENCE set for 11/01/2021 at 09:00 AM by JUDGE ALAN D HACKENBERG Hearing was set on 10/07/2021 by JUDGE ALAN D HACKENBERG |
| 10/7/2021 |
Fines & Costs not paid case set for Status Conference. |
| 9/7/2021 |
Case sent to collection agency on 09/07/2021 |
| 5/17/2021 |
STATUS CONFERENCE set for 06/14/2021 at 01:00 PM by JUDGE STEPHANIE M BISHOP Hearing was set on 05/17/2021 by JUDGE STEPHANIE M BISHOP |
| 2/23/2021 |
STATUS CONFERENCE set for 04/26/2021 at 09:00 AM by JUDGE ALAN D HACKENBERG Hearing was set on 02/23/2021 by JUDGE ALAN D HACKENBERG |
| 2/23/2021 |
STATUS CONFERENCE set for 04/26/2021 at 09:00 AM by JUDGE ALAN D HACKENBERG Hearing was set on 02/23/2021 by JUDGE ALAN D HACKENBERG |
| 12/30/2020 |
Collection Fees Dismissed - $366.60 |
| 1/25/2019 |
STATUS CONFERENCE set for 04/15/2019 at 09:00 AM by JUDGE ALAN D HACKENBERG Hearing was set on 01/25/2019 by JUDGE ALAN D HACKENBERG |
| 10/9/2018 |
STATUS CONFERENCE set for 12/10/2018 at 09:30 AM by JUDGE ALAN D HACKENBERG Hearing was set on 10/09/2018 by JUDGE ALAN D HACKENBERG |
| 10/2/2018 |
LF FEE of $10.00 assessed |
| 10/2/2018 |
License Forfeiture Sent to BMV |
| 8/21/2018 |
F&C LICENSE FORFEITURE Notice Issued |
| 8/21/2018 |
License forfeited on 09/20/2018 |
| 6/4/2015 |
Vehicle Registration Block issued |
| 5/19/2015 |
Driving Journal Entry issued |
| 5/19/2015 |
Written MOTION TO REINSTATE OL filed by Defendant on 05/19/2015 |
| 5/19/2015 |
MOTION TO REINSTATE OL GRANTED by KEVIN C SMITH VISITING JUDGE on 05/19/2015 (DEFTS MOTION IS WELL TAKEN, AND THEREFORE DEFTS DRIVERS LICENSE SHALL BE REINSTATED FORTHWITH. IT IS FURTHER ORDERED THAT DEFT COMPLY WITH ALL REQUIREMENTS OF THE BUREAU OF MOTOR VEHICLES BEFORE DRIVING.) |
| 12/2/2014 |
REC'D COMPLIANCE REPORT FROM CENTURY HEALTH DEF HAS COMPLETED TRT W/NO FURTHER REC |
| 11/12/2014 |
Written ORDER TO RETEST/RENEW filed by Defendant on 11/12/2014 (RETEST FOR OL.) |
| 11/12/2014 |
ORDER TO RETEST/RENEW GRANTED by ROBERT A FRY Judge on 11/12/2014 (RETEST FOR OL.) |
| 11/6/2014 |
REC'D UPDATE REPORT FROM CENTURY HEALTH DEF IS PURSUING REC TRT |
| 10/28/2014 |
REC'D UPDATE REPORT FROM CENTURY HEALTH DEF IS PURSUING REC TRT
|
| 9/11/2014 |
REC'D UPDATE REPORT FROM CENTURY HEALTH DEF IS PURSUING REC TRT
|
| 9/4/2014 |
REC'D UPDATE REPORT FROM CENTURY HEALTH DEF IS PURSUING REC TRT |
| 7/31/2014 |
REC'D UPDATE REPORT FROM CENTURY HEALTH DEF IS PURSUING REC TRT
|
| 7/21/2014 |
Evaluation Referral issued |
| 7/18/2014 |
WARRANT TO DISCHARGE issued |
| 7/18/2014 |
Program Appt Notification issued |
| 7/17/2014 |
MOTION FOR EARLY RELEASE FROM JAIL GRANTED by ROBERT A FRY Judge on 07/17/2014 (BALAMCE OF DEF'S SENTENCE IS SUSPENDED AND DEF PLACED ON PROBATION FOR PERIOD OF ONE YEAR. ONE OF TERMS AND CONDITIONS OF PROB IS THAT THE DEF OBTAIN A CURRENT ALCOHOL EVAL AND FOLLOW ANY RECOMMENDED COURSE OF TREATMENT. DEF TO BE RELEASED AT 8:30 AM ON JULY 21, 2014 AND IS ORDERED TO IMMEDIATELY REPORT TO MR. CLAFLIN'S OFFICE TO REVIEW TERMS AND CONDITIONS OF PROBATION. S/ JUDGE FRY) |
| 7/16/2014 |
MOTION FOR EARLY RELEASE FROM JAIL DENIED by ROBERT A FRY Judge on 07/16/2014 (DENIED AT THIS TIME.) |
| 7/15/2014 |
Written MOTION FOR EARLY RELEASE FROM JAIL filed by Defendant's Attorney on 07/15/2014 |
| 7/9/2014 |
Written MOTION FOR EARLY RELEASE FROM JAIL filed by DEFENDANT FROM JAIL on 07/09/2014 |
| 6/25/2014 |
MOTION FOR EARLY RELEASE FROM JAIL DENIED by KEVIN C SMITH VISITING JUDGE on 06/25/2014 |
| 6/20/2014 |
Written MOTION FOR EARLY RELEASE FROM JAIL filed by Defendant's Attorney on 06/20/2014 |
| 5/30/2014 |
MOTION FOR EARLY RELEASE FROM JAIL DENIED by ROBERT A FRY Judge on 05/30/2014 |
| 5/22/2014 |
Written MOTION FOR EARLY RELEASE FROM JAIL filed by DEFENDANT FROM JAIL on 05/22/2014 |
| 4/28/2014 |
MOTION FOR EARLY RELEASE FROM JAIL DENIED by ROBERT A FRY Judge on 04/28/2014 |
| 4/22/2014 |
Written MOTION FOR EARLY RELEASE FROM JAIL filed by Defendant's Attorney on 04/22/2014 |
| 3/18/2014 |
BW(TREATMENT-80) RETURNED BY FPD(BENJAMIN) W/SERVICE $20.00 FEE |
| 3/18/2014 |
BW(JAIL-100) RETURNED BY FPD(BENJAMIN) W/SERVICE $21.50 FEE |
| 3/17/2014 |
Warrant Block Release Sent to BMV |
| 3/17/2014 |
Warrant Block Release Sent to BMV |
| 3/17/2014 |
BW SERVED BY FPD (BENJAMIN)-80 DAYS -TREATMENT |
| 3/17/2014 |
BW SERVED BY FPD (BENJAMIN) 100 DAYS-REPORT TO JAIL |
| 3/17/2014 |
Warrant for NON COMPLIANCE - TREATMENT was Served on 03/14/2014 |
| 3/17/2014 |
Warrant for NON COMPLIANCE - REPORT TO JAIL was Served on 03/14/2014 |
| 11/8/2011 |
Warrant Block Sent to BMV |
| 11/7/2011 |
BW ISSUED TO FPD FOR SERVICE NON COMPLIANCE - TREATMENT 80 DAYS JAIL |
| 11/7/2011 |
NonCompliance Entry issued |
| 11/7/2011 |
Non-Compliance Bench Warrant issued |
| 11/7/2011 |
Non Compliance Entry - DEFENDANT FAILED TO:
COMPLETE TREATMENT AS ORDERED
THEREFORE IT IS ORDERED THAT:
BENCH WARRANT TO BE ISSUED FOR DEFENDANTS ARREST |
| 10/18/2011 |
REC'D NONCOMPLIANCE REPORT FROM CENTURY HEALTH DEF FAILED TO RETURN TO COMPLETE TREATMENT. (UPON REVIEW) |
| 10/5/2011 |
Warrant Block Sent to BMV |
| 10/4/2011 |
BW (REPORT TO JAIL) ISSUED TO FPD FOR SERVICE 100 DAYS JAIL |
| 10/4/2011 |
Non-Compliance Bench Warrant issued |
| 10/4/2011 |
Warrant issued for NON COMPLIANCE - REPORT TO JAIL on 10/04/2011 |
| 10/3/2011 |
COMMITMENT FOR 100 DAYS ON 9/30/11 RETURNED BY HSO (THE DEF FAILED REPORT FOR INCARCERATION) |
| 9/13/2011 |
NOTICE FEE of $5.00 assessed |
| 9/13/2011 |
Commitment After Conviction issued |
| 9/13/2011 |
MOTION TO RESCHEDULE JAIL DENIED by ROBERT A FRY Judge on 09/13/2011 (DEF TO REPORT TO JUSTICE CENTER ON SEPTEMBER 30, 2011 AT 5:00 PM TO COMMENCE SERVING 100 DAYS IN CASE NO 10-TRC-8478 CONSECUTIVE TO THE 10 DAYS IN CASE NO 10-CRB-673. S/RAF) |
| 8/29/2011 |
REC'D UPDATE FROM CENTURY HEALTH DEF IS PURSUING REC TRT |
| 8/9/2011 |
DEF REPORTED TO THE HCJC FOR COMMITMENT ON 8/6/11 AT 7:00 PM AND WAS TURNED AWAY DUE TO OVERCROWED CONDITIONS. |
| 8/8/2011 |
Written MOTION TO RESCHEDULE JAIL filed by Defendant's Attorney on 08/08/2011 |
| 8/8/2011 |
Commitment After Conviction issued |
| 8/8/2011 |
NOTICE FEE of $5.00 assessed |
| 7/27/2011 |
REC'D UPDATE FROM CENTURY HEALTH DEF IS PURSUING REC TRT . |
| 7/19/2011 |
MOTION CONTINUED by ROBERT A FRY Judge on 07/19/2011 (FOR PROBATION INSTEAD OF JAIL) |
| 7/19/2011 |
Written MOTION filed by Defendant's Attorney on 07/19/2011 (FOR PROBATION INSTEAD OF JAIL) |
| 7/18/2011 |
This Day, July 18, 2011 This matter came on for hearing. It is the order, judgment and decree of this court that THIS MATTER CAME ON FOR CONSIDERATION THIS DATE UPON THE DEF'S ATTY MOTION TO MODIFY DEF'S SENTENCE AND PLACE DEF ON PROBATION. THE BASIS OF THE MOTION IS THAT THE DEF AND ANOTHER DRIVER WERE INVOLVED IN AN ACCIDENT AND BOTH CITED FOR OVI. THE DEFS HAD COMPARABLE HISTORIES BUT DIFFERENT SENTENCES WERE IMPOSED. OTHER DRIVER RECEIVED 90 DAYS WITH 60 DAYS SUSPENDED. THIS DEF RECEIVED 180 DAYS WITH 80 SUSPENDED. DEF IS TO REPORT TO JAIL ON AUG 6, 2011 TO COMMENCE JAIL TERM. COURT MET WITH ATTY MAEKASK AND ADVISED DEF'S ATTY TO FILE A MOTION TO SUSPEND THE BALANCE OF THE SENTENCE AFTER 40 DAYS OF THE JAIL TERM. COURT ADVISED THAT IT WOULD OBTAIN A JAIL REPORT BEFORE RULING. ALSO THE COURT ADV DEF'S ATTY THAT THE DEFENDANT HAS NOT DONE HIS COUNSELING. DEF WILL HAVE TO DO HIS ALCOHOL COUNSELING AFTER HE IS RELEASED OR DEF WILL HAVE TO DO ALL HIS JAIL TERM. NO BENCH WARRANT WILL BE ISSUED AT THIS TIME FOR DEF'S NONCOMPLIANCE WITH TREATMENT. XC. DENISE MAY, ATTY MAEKASK. ROBERT A FRY Judge |
| 7/13/2011 |
Evaluation Referral issued |
| 7/11/2011 |
NOTICE FEE of $5.00 assessed |
| 7/11/2011 |
Commitment After Conviction issued |
| 6/27/2011 |
CRS FEE of $366.60 assessed |
| 6/27/2011 |
Case sent to collection agency on 06/27/2011 |
| 6/15/2011 |
COMMITMENT AFTER CONVICTION FOR 100 DAYS RETURNED FROM HSO - RECALLED BY MUNICOURT |
| 6/14/2011 |
COMMITMENT FOR 100 DAYS ON 6/24/11 RECALLED WITH HSO BY PHONE |
| 6/14/2011 |
MOTION TO RESCHEDULE JAIL GRANTED by KEVIN C SMITH VISITING JUDGE on 06/14/2011 (THIS MATTER CAME BEFORE THIS COURT ON THIS 14TH DAY OF JUNE, 2011 FOR CONSIDERATION OF DEFENDANT'S MOTION TO RESCHEDULE. FOR GOOD CAUSE SHOWN THE COURT GRANTS SAID MOTION. JAIL COMMITMENT RE-SCHEDULED WITHIN 30 DAYS. BE IT SO ORDERED. S/KCS) |
| 6/14/2011 |
Written MOTION TO RESCHEDULE JAIL filed by Defendant's Attorney on 06/14/2011 |
| 5/19/2011 |
REC'D SECOND NONCOMPLIANCE REPORT FROM CENTURY HEALTH DEF FAILED TO COMPLETE TREATMENT (UPON REVIEW) |
| 5/3/2011 |
Written MOTION filed by Defendant's Attorney on 05/03/2011 (FOR PROBATION IN LIEU OF JAIL TIME) |
| 4/19/2011 |
REC'D NONCOMPLIANCE REPORT FROM CENTURY HEALTH DEF FAILED TO COMPLETE TREATMENT (UPON REVIEW) |
| 3/22/2011 |
FINES & COSTS COLLECTION NTC issued |
| 3/22/2011 |
COLLECTION REVIEW set for 06/24/2011 at 05:00 PM by Judge ROBERT A FRY |
| 3/22/2011 |
Plea of NO CONTEST entered on 03/22/2011 |
| 3/22/2011 |
Plea of NO CONTEST entered on 03/22/2011 |
| 3/22/2011 |
Plea of NO CONTEST entered on 03/22/2011 |
| 3/22/2011 |
NOTICE FEE of $5.00 assessed |
| 3/22/2011 |
Commitment After Conviction issued |
| 3/22/2011 |
Finding of GUILTY entered for 331.22 - R.O.W ON PUBLIC HIGHWAY |
| 3/22/2011 |
The defendant appeared in open court and was advised of the nature of the charge, possible penalties, right to counsel, right to jury/court trial, other rights and the various pleas available.The defendant thereafter entered a plea of NO CONTEST to the charge. The Court heard evidence from the prosecution to substantiate the charge. The court entered a finding of GUILTY to the charge.It is ORDERED, ADJUDGED, AND DECREED that the defendant is found GUILTY of R.O.W ON PUBLIC HIGHWAYORC/CO 331.22, and is sentenced as follows:1) A fine of $50.00 plus all costs |
| 3/22/2011 |
Finding of GUILTY entered for 335.072A - DRIVING UNDER FRA SUSPENSION |
| 3/22/2011 |
The defendant appeared in open court and was advised of the nature of the charge, possible penalties, right to counsel, right to jury/court trial, other rights and the various pleas available.The defendant thereafter entered a plea of NO CONTEST to the charge. The Court heard evidence from the prosecution to substantiate the charge. The court entered a finding of GUILTY to the charge.It is ORDERED, ADJUDGED, AND DECREED that the defendant is found GUILTY of DRIVING UNDER FRA SUSPENSIONORC/CO 335.072A, and is sentenced as follows:1) A fine of $250.00 plus all costs |
| 3/22/2011 |
Confinement Jail Time Sentenced 180 Day(s) 80 Suspended |
| 3/22/2011 |
Finding of GUILTY entered for 333.01A1 - OVI |
| 3/22/2011 |
The defendant appeared in open court and was advised of the nature of the charge, possible penalties, right to counsel, right to jury/court trial, other rights and the various pleas available.The defendant thereafter entered a plea of NO CONTEST to the charge. The Court heard evidence from the prosecution to substantiate the charge. The court entered a finding of GUILTY to the charge.It is ORDERED, ADJUDGED, AND DECREED that the defendant is found GUILTY of OVIORC/CO 333.01A1, 2 priors and is sentenced as follows:1) A fine of $750.00 plus all costs 2) Operator's license SUSPENSION of 1825 days Reconsideration after 1095 days.3) A jail sentence of 180 Day(s) with 80 Day(s) suspended consecutive to be scheduled by the Clerk's office
4) Defendant shall obtain an ALCOHOL evaluation from a state certified counselor within 30 days, and pursue any recommended course of treatment, and shall further be required to notify this Court every 30 days of his progress
5) No 6 point violation for 1 Year(s).DEF TO REPORT TO JAIL ON JUNE 24, 2011 AT 5:00 PM TO COMMENCE JAIL TERM. |
| 3/22/2011 |
Evaluation Referral issued |
| 2/27/2011 |
MOTION DENIED by ROBERT A FRY Judge on 02/27/2011 (TO RESCHEDULE COUNSELING AFTER HE IS RELEASED FROM THE HOSPITAL) DEF COUNSEL MISTAKENLY FILED THE MOTION IN THIS CASE. DEF HAS NOT BEEN ORDERED FOR ALCOHOL EVAL IN THIS CASE. COUNSEL SHOULD FILE MOTION IN CASE NO 10CRB00673 AND DIRECT HIS MOTION TO JUDGE STARN S/RAF |
| 2/24/2011 |
Written MOTION filed by Defendant's Attorney on 02/24/2011 (TO RESCHEDULE COUNSELING AFTER HE IS RELEASED FROM THE HOSPITAL) |
| 2/10/2011 |
Assignment Notice issued |
| 2/10/2011 |
Pre-Trial with Judge set for 03/22/2011 at 10:15 AM in room 2 by Judge ROBERT A FRY |
| 2/10/2011 |
NTC OF SCHEDULE CHANGE PER ATTY MAEKASK SET FOR PRETRIAL W/JUDGE |
| 1/26/2011 |
PT Report issued |
| 1/26/2011 |
Recommendation: DEFENDANT Requested additional time to consider the Prosecutor's Recommendation and is to contact the Assignment Commissioner by 02/16/2011 to advise what type of hearing to schedule in his/her case. If Assignment Commissioner is not contacted by above date the case will be set for a Pretrial with the Judge and notice will be sent to Defendant or Defendant's Attorney. If the Defendant's continuance is for time to consult with his/her Attorney he must notify the Assignment Commissioner, as indicated above. Otherwise, time will be charged against the defendant. Time limits pursuant to ORC 2945.71-73 are hereby waived without limitation. |
| 1/19/2011 |
Assignment Notice issued |
| 1/19/2011 |
Pre-Trial set for 01/26/2011 at 04:00 PM in room 203 by Judge ROBERT A FRY |
| 1/18/2011 |
Plea of NOT GUILTY entered on 01/14/2011 |
| 1/18/2011 |
Plea of NOT GUILTY entered on 01/14/2011 |
| 1/18/2011 |
Plea of NOT GUILTY entered on 01/14/2011 |
| 1/18/2011 |
Jury Demanded on 01/14/2011 by Attorney |
| 1/18/2011 |
PAUL MAEKASK filed notice of appearance |
| 1/14/2011 |
DEMAND FOR BILL OF PARTICULARS filed by Defendant's Attorney on 01/14/2011 |
| 1/14/2011 |
DEMAND FOR DISCOVERY filed by Defendant's Attorney on 01/14/2011 |
| 1/14/2011 |
Written PUBLIC DEFENDER NOTICE OF REPRESENTATION filed by Defendant's Attorney on 01/14/2011 |
| 1/14/2011 |
REQUEST FOR PRETRIAL filed by Defendant's Attorney on 01/14/2011 |
| 1/14/2011 |
WRITTEN PLEA OF NOT GUILTY filed by Defendant's Attorney on 01/14/2011 |
| 1/14/2011 |
HPD APPLICATION FEE of $25.00 assessed |
| 1/4/2011 |
Arraignment continued to 01/18/2011 at 01:15 PM |
| 1/4/2011 |
PERSONAL APPEARANCE RECOG issued |
| 1/4/2011 |
MOTION FOR CONTINUANCE OF ARRN GRANTED by JONATHAN P STARN Judge on 01/04/2011 (ARRN CONTINUED UNTIL 1/18/11 AT 1:15 PM. DEFENDANT RELEASED ON O.R. BOND - NOT TO CONSUME ALCOHOL AND/OR DRUGS OF ABUSE.) |
| 1/4/2011 |
Written MOTION FOR CONTINUANCE OF ARRN filed by Defendant on 01/04/2011 |
| 12/21/2010 |
MOTION GRANTED by ROBERT A FRY Judge on 12/21/2010 (SEE CONTINUANCE ENTRY) |
| 12/21/2010 |
This matter came on for consideration this day 12/21/2010. The defendant having been duly served, failed to appear. It is therefore ORDERED, ADJUDGED, AND DECREED that this matter be continued until 01/04/2011 at 01:15 PM. It is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(D). |
| 12/21/2010 |
JE Continuance issued |
| 12/21/2010 |
Arraignment continued to 01/04/2011 at 01:15 PM |
| 12/21/2010 |
Written MOTION filed by Third Party on 12/21/2010 (NOTICE FILED BY WESTERN LAKE ERIE OMS - DEF WAS SEEN YESTERDAY FOR A FRACTURE OF THE MANDIBLE AND WAS WIRED TO REPAIR IT.) |
| 12/13/2010 |
Warrant Block Release Sent to BMV |
| 12/10/2010 |
BW (FTA TR) RETURNED FROM FPD (RECALLED BY MUNICOURT) |
| 12/9/2010 |
WARRANT RELEASED. RESET ARRAIGNMENT FOR DECEMBER 21, 2010 AT 1:15 P.M. DEF MUST APPEAR. s/JUDGE JONATHAN P STARN |
| 12/9/2010 |
Arraignment continued to 12/21/2010 at 01:15 PM |
| 12/9/2010 |
BW (FTA TR) RECALLED FROM FPD (OAKLEY) BY PHONE AND FAX |
| 12/9/2010 |
Warrant for FTA TR HEARING - 1:15 Recalled On 12/09/2010 |
| 12/9/2010 |
FAX RECEIVED FROM MERCY ST VINCENT MEDICAL CENTER REGARDING DEF BEING ADMITTED |
| 12/9/2010 |
BW(FTA) ISSUED TO FPD FOR SERVICE |
| 12/8/2010 |
Warrant Block Sent to BMV |
| 12/7/2010 |
This matter came on for consideration this day 12/07/2010. The defendant having been duly served, failed to appear. It is therefore ORDERED that a Bench Warrant for the Defendant's arrest over a cash bond of in the amount of $2500.00.It is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(D). |
| 12/7/2010 |
JE Continuance issued |
| 12/7/2010 |
TR FTA HRG BW - 1:15 issued |
| 12/7/2010 |
Warrant issued for FTA TR HEARING - 1:15 on 12/07/2010 |
| 12/6/2010 |
Arraignment set for 12/07/2010 at 01:15 PM |
| 12/6/2010 |
Case Filed on 12/06/2010 |