| 4/1/2025 |
IN THE MUNICIPAL COURT OF FINDLAY, OHIO
CITY OF FINDLAY,
Plaintiff,
vs.
SENADA ZMUKIC,
Defendant
Case No.: 23-CRB-01367
ORDER REGARDING ATTIRE/ACCESSORIES IN THE COURT ROOM
This comes before the court today due to the upcoming jury trial in this matter scheduled on April 3, 2025. To ensure impartiality and maintain decorum of the courtroom and the immediate area, the following restrictions are hereby imposed on clothing, accessories, and paraphernalia worn or displayed by individuals present in the courtroom and room 202 during the proceedings:
PROHIBITED ITEMS:
Clothing, accessories, or paraphernalia that explicitly or implicitly express support for or opposition to any party involved in the case.
Items bearing slogans, logos, symbols, or images that could be interpreted as partisan or prejudicial.
NEUTRAL ATTIRE:
All individuals are required to wear attire that is neutral and free from any messaging or imagery related to the case or its parties.
ENFORCEMENT:
Court personnel are authorized to enforce this order and may request individuals to remove or cover prohibited items or, if necessary, leave the courtroom and room 202.
Failure to comply with this order may result in removal from the court room or other appropriate actions deemed necessary by the court.
So Ordered,
ALAN D. HACKENBERG, JUDGE
|
| 3/23/2025 |
Service For SUBPOENA FILED BY PROS to KAREN C SMITH-POWELL sent via Certified Mail Failed on 03/23/2025 Receipt Number 9414814903030614495469 |
| 3/20/2025 |
WITNESS KAREN C SMITH-POWELL'S COPY OF SUBPOENA SENT BY CERTIFIED MAIL RETURNED BY USPS FROM 573 COUNTY ROAD 213, ATHEN, TN 37303 STATING RETURN TO SENDER, UNCLAIMED, UNABLE TO FORWARD |
| 3/18/2025 |
Service For SUBPOENA FILED BY PROS to SUSAN I SMITH-POWELL sent via Certified Mail Failed on 03/18/2025 Receipt Number 9414814903030614495483 |
| 3/18/2025 |
TC Judgment Entry Issued |
| 3/18/2025 |
WITNESS SUSAN SMITH-POWELL'S COPY OF SUBPOENA SENT BY CERTIFIED MAIL RETURNED BY USPS FROM 543 COUNTY ROAD 213, ATHEN, TN 37303 STATING RETURN TO SENDER, UNCLAIMED, UNABLE TO FORWARD |
| 3/18/2025 |
Judgment This Day, March 18, 2025 This matter came on for consideration. It is the order, judgment and decree of this court that THIS MATTER COMES BEFORE THE COURT BY WAY OF THE MOTION IN LIMINE FILED BY THE DEFENDANT. THE COURT HEARD THE ARUGMENTS FOR AND AGAINST THE MOTION BY THE PARTIES. THE PARTIES STIPULATED THAT NO EDITED VIDEO WOULD BE PRESENTED BY THE CITY IN THIS MATTER. THEREFORE, AS TO THE DEFENDANTS FIRST REQUEST IN HER MOTION, THE MOTION IS GRANTED TO THE EXTENT THAT NO EDITED VIDEO PROVIDED BY THE ALLEGED VICTIM IN THIS MATTER SHALL BE INTRODUCED INTO EVIDENCE. THE PARTIES AGREED TO STIPULATE THAT THE DEFENDANT WAS PRESENT AT THE LOCATION THE ALLEGED OFFENSE TOOK PLACE AND AGREED THAT THE WITNESS FROM BEST BUY DISTRIBUTION CENTER DOES NOT NEED TO BE CALLED TO ESTABLISH THIS SEPARATELY. THE PARTIES WILL PROVIDE THE COURT WITH A WRITTEN STIPULATION ON THIS ISSUE TO BE PROVIDED TO THE JURY. AS TO THE WITNESS DANA BERGER, THE COURT DENIED THE MOTION TO PROHIBIT DANA BERGER FROM TESTIFYING, FINDING THE RULES OF EVIDENCE WILL PROVIDE THE NECESSARY SAFEGUARDS IN REGARDS TO HIS PROPOSED TESTIMONY. SO ORDERED AND ALL UNTIL FURTHER ORDER OF THE COURT. ALAN D HACKENBERG JUDGE |
| 3/11/2025 |
RESPONSE TO MOTION TO CHANGE VENUE FILED BY PROS OFFICE |
| 3/10/2025 |
WAIVER OF APPEARANCE GRANTED by ALAN D HACKENBERG JUDGE on 03/10/2025 (THIS MATTER CAME BEFORE THIS COURT UPON DEFENDANT'S MOTION TO WAIVE APPEARANCE FOR THE CURRENTLY SCHEUDLED HEARING ON MARCH 18TH, 2025 AT 10:00 AM. UPON REVIEW OF SAID MOTION, THE COURT FINDS IT WELL-TAKEN AND HEREBY GRANTS THE SAME. IT IS ORDERED, ADJUDGED, AND DECREED THAT DEFENDANT'S APPEARANCE WILL BE WAIVED AT THE HEARING ON MARCH 18TH, 2025 AT 10:00 AM IN THIS MATTER. IT IS SO ORDERED) |
| 3/10/2025 |
Written WAIVER OF APPEARANCE filed by Defendant's Attorney on 03/10/2025 (DEFT ATTY VIA FAX FOR WAIVER OF APPEARCE FOR DEFENDANT) |
| 3/10/2025 |
Assignment Notice File Issued |
| 3/10/2025 |
Hearing on Motion set for 03/18/2025 at 10:00 AM in room 1 by JUDGE ALAN D HACKENBERG HEARING ON DEFENDANT'S MOTION IN LIMINE |
| 3/6/2025 |
Written MOTION IN LIMINE filed by DEF ATTY BY FAX on 03/06/2025 |
| 3/6/2025 |
Written MOTION filed by DEF ATTY BY FAX on 03/06/2025 (TO CHANGE VENUE AND MEMORANDUM IN SUPPORT) |
| 2/20/2025 |
SUBP FOR ANTHONY LONAKER AND DANA BERGER RETURNED BY BLF WITH SERVICE $19.50 FEE |
| 2/13/2025 |
SUBPOENA FILED BY PROS notice issued to SUSAN I SMITH-POWELL via CERTIFIED MAIL 9414814903030614495483 $8.16 FEE |
| 2/13/2025 |
SUBPOENA FILED BY PROS notice issued to KAREN C SMITH-POWELL via CERTIFIED MAIL 9414814903030614495469 $8.16 FEE |
| 2/13/2025 |
SUBP FOR OFFICER JOHN SCHMIDT, ANTHONY LONAKER, AND DANA BERGER FILED BY PROS OFFICE ISSUED TO BLF FOR SERVICE |
| 2/13/2025 |
SUBP FOR OFFICER JOHN SCHMIDT RETURNED BY BLF WITH SERVICE $7.00 FEE |
| 2/11/2025 |
JUDGMENT ENTRY
This matter comes before the Court as a result of a Jury Trial having been scheduled for April 3, 2025. Based upon a review of the record and that this matter is scheduled for a Jury Trial, IT IS HEREBY ORDERED as follows:
I. Both parties shall file with the Court proposed instructions for the Jury on or before Monday, March 25 2025. Each party shall include specific references to all relevant portions of the Ohio Jury Instructions (OJI) and, if not included in OJI, specific references to relevant case law supporting the requested instruction(s). Additionally, counsel shall provide the Court with electronic media containing the proposed instructions in a format compatible with Microsoft Word. The media shall be delivered to room 208 of Findlay Municipal Court.
2. There will be one (1) Alternate Jurors for the Jury trial.
3. All pre-trial motions shall be filed by March 7, 2025.
4. Any party intending to introduce digital evidence shall supply a copy of the digital evidence to the Court 7 days prior to the Jury Trial date to verify its safety and compatibility with the Court's technology. All parties shall comply with Rule 1.22 of the Local Rules of Court.
5. The Clerk of Courts shall cause a copy of this Entry to be served upon the parties or their counsel of record.
All Until Further Order
SIGNED BY ALAN D. HACKENBERG, JUDGE |
| 2/10/2025 |
Written ENTRY OF APPEARANCE AS COUNSEL filed by DEF ATTY BY FAX on 02/10/2025 (CO-COUNSEL CHRISTOPHER SAWAN) |
| 2/6/2025 |
MOTION GRANTED by ALAN D HACKENBERG JUDGE on 02/06/2025 (MOTION TO WAIVE APPEARANCE)
ORDER
THIS MATTER CAME BEFORE THE COURT UPON DEFENDANT'S MOTION TO WAIVE APPEARANCE FOR THE CURRENTLY SCHEDULED PRETRIAL ON FEBRUARY 11TH, 2025 AT 2:30 P.M. UPON REVIEW OF SAID MOTION, THE COURT FINDS IT WELL-TAKEN AND HEREBY GRANTS THE SAME.
IT IS ORDERED, ADJUDGED AND DECREED THAT DEFENDANT'S APPEARANCE WLL BE WAIVED AT THE PRE-TRIAL ON FEBRUARY 11TH, 2025 AT 2:30 PM IN THIS MATTER. DEFENDANT SHALL REMAIN PRESENT AND AVAILABLE TO BY TELEPHONE.
IT IS SO ORDERED. |
| 2/5/2025 |
Written MOTION filed by DEF ATTY BY FAX on 02/05/2025 (MOTION TO WAIVE APPEARANCE) |
| 2/4/2025 |
MOTION TO VACATE DENIED by ALAN D HACKENBERG JUDGE on 02/04/2025 (MATTER IS SET FOR TRIAL. PRE-TRIAL WITH THE COURT TO DISCUSS ANY ISSUES PRIOR TO JURY TRIAL.) |
| 2/3/2025 |
RETURN OF SUBP DUCES TECUM FOR TONY LONAKER SERVED BY THE BLF W/$9.00 SERVICE FEES |
| 1/31/2025 |
Written MOTION TO VACATE filed by DEF ATTY BY FAX on 01/31/2025 (PRE-TRIAL WITH THE JUDGE) |
| 1/31/2025 |
SUBP DUCES TECUM FOR TONY LONAKER, BEST BUY DISTRIBUTION CENTER FILED BY THE PROSECUTOR ISSUED TO THE BLF FOR SERVICE |
| 1/21/2025 |
Assignment Notice File Issued |
| 1/21/2025 |
Jury Trial set for 04/03/2025 at 08:30 AM in room 1 by JUDGE ALAN D HACKENBERG |
| 1/21/2025 |
Assignment Notice File Issued |
| 1/21/2025 |
Pre-Trial with Judge set for 02/11/2025 at 02:30 PM in room 1 by JUDGE ALAN D HACKENBERG |
| 1/21/2025 |
PT Report Issued |
| 1/21/2025 |
Recommendation: Pre-Trial held. SET FOR 2ND PRE-TRIAL. Time limits pursuant to ORC 2945.71-73 are hereby waived without limitation. |
| 12/31/2024 |
Assignment Notice File Issued |
| 12/31/2024 |
Pre-Trial set for 01/21/2025 at 10:30 AM in room 203 by JUDGE ALAN D HACKENBERG |
| 12/30/2024 |
Warrant Block Release Sent to BMV |
| 12/26/2024 |
BW RETURNED BY FPD (SARA) - FTA PTWJ (RECALLED) |
| 12/26/2024 |
Written REQUEST FOR PRETRIAL filed by DEF ATTY BY FAX on 12/26/2024 |
| 12/26/2024 |
Written DEMAND FOR DISCOVERY filed by DEF ATTY BY FAX on 12/26/2024 |
| 12/23/2024 |
BW RECALL - FINDLAY PD Issued |
| 12/23/2024 |
BW RECALLED WITH FPD (SARAH) FTA PTWJ |
| 12/23/2024 |
Warrant for FTA CR HEARING Recalled On 12/23/2024 |
| 12/23/2024 |
WEB PAYMENT Posted bond, paid $2500.00 receipt#2024106316 paid by ALEKSANDER ZMUKIC |
| 12/23/2024 |
CASH BOND Bond Set for $2500.00 |
| 12/19/2024 |
Written MOTION filed by DEF ATTY BY FAX on 12/19/2024 (FOR SUBSTITUTION OF COUNSEL) |
| 12/19/2024 |
DENNIS P SAWAN filed notice of appearance |
| 5/8/2024 |
Warrant Block Sent to BMV |
| 5/1/2024 |
BW (FTA PTWJ) ISSUED TO FPD FOR SERVICE |
| 4/30/2024 |
This matter came on for consideration this day 04/30/2024. 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 or surety bond 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). |
| 4/30/2024 |
JE Continuance Issued |
| 4/30/2024 |
BENCH WARRANT FEE of $25.00 assessed |
| 4/30/2024 |
CR FTA Hearing Bench Warrant Issued |
| 4/30/2024 |
Warrant issued for FTA CR HEARING on 04/30/2024 |
| 4/30/2024 |
LETTER FILE by ALAN D HACKENBERG JUDGE on 04/30/2024 (PROVIDE COPIES OF CORRESPONDENCE TO PROSECUTOR AND DEFT'S ATTY) |
| 4/26/2024 |
Written LETTER filed by Third Party on 04/26/2024 (BY FAX) |
| 2/27/2024 |
Assignment Notice File Issued |
| 2/27/2024 |
Pre-Trial with Judge set for 04/30/2024 at 02:00 PM in room 1 by JUDGE ALAN D HACKENBERG |
| 2/20/2024 |
PT Report Issued |
| 2/20/2024 |
Recommendation: Pre-Trial held. SET FOR PRETRIAL WITH THE COURT. Time limits pursuant to ORC 2945.71-73 are hereby waived without limitation. |
| 1/11/2024 |
Assignment Notice File Issued |
| 1/11/2024 |
SECOND PRETRIAL set for 02/20/2024 at 03:00 PM in room 203 by JUDGE ALAN D HACKENBERG |
| 1/9/2024 |
LETTER NO ACTION by ALAN D HACKENBERG JUDGE on 01/09/2024 (PROVIDE COPY OF EMAIL/LETTER TO PROSECUTOR AND DEFT'S ATTY) |
| 1/9/2024 |
PT Report Issued |
| 1/9/2024 |
Recommendation: Pre-Trial held. SET FOR 2ND PRE-TRIAL. DEFENSE COUNSEL NEED TO REVIEW VIDEOS Time limits pursuant to ORC 2945.71-73 are hereby waived without limitation. |
| 1/9/2024 |
Written LETTER filed by Victim on 01/09/2024 |
| 1/9/2024 |
Letter received marked "Victim Impact Statement" filed by Julie Bartrum on behalf of Christine Smith-Powell. - No action. Provide copy to prosecutor and defense attorney. s/by Judge Alan D. Hackenberg. |
| 11/28/2023 |
Assignment Notice File Issued |
| 11/28/2023 |
Pre-Trial set for 01/09/2024 at 10:30 AM in room 203 by JUDGE ALAN D HACKENBERG |
| 11/15/2023 |
DEFT'S COPY OF SUMMONS SENT BY CERTIFIED MAIL DELIVERED BY USPS ON 11/03/2023 |
| 11/14/2023 |
Plea of NOT GUILTY entered on 11/14/2023 |
| 11/14/2023 |
Plea of NOT GUILTY entered on 11/14/2023 |
| 11/14/2023 |
Right to speedy trial waived by defendant on 11/14/2023 |
| 11/14/2023 |
Jury Demanded on 11/14/2023 by Attorney |
| 11/14/2023 |
JUDGE ALAN D HACKENBERG assigned to case |
| 11/14/2023 |
DREW MIHALIK filed notice of appearance |
| 11/14/2023 |
Written ENTRY OF APPEARANCE AS COUNSEL filed by Defendant's Attorney on 11/14/2023 |
| 11/14/2023 |
WRITTEN PLEA OF NOT GUILTY filed by Defendant's Attorney on 11/14/2023 |
| 11/14/2023 |
REQUEST FOR PRETRIAL filed by Defendant's Attorney on 11/14/2023 |
| 11/5/2023 |
Service For SUMMONS to SENADA ZMUKIC sent via Certified Mail was Perfected on 11/05/2023 Receipt Number 9414814903030614417157 |
| 10/26/2023 |
SUMMONS notice issued to SENADA ZMUKIC via CERTIFIED MAIL 9414814903030614417157 $7.18 FEE |
| 10/26/2023 |
Case Filed on 10/26/2023 |