| 1/8/2024 |
MOTION TO LIFT BENCH WARRANT DENIED by STEPHANIE M BISHOP JUDGE on 01/08/2024 (WILL RECONSIDER IF DEFT APPEARS AND SIGNS FOR A NEW HEARING DATE.) |
| 1/8/2024 |
Warrant Block Sent to BMV |
| 1/8/2024 |
Written MOTION TO LIFT BENCH WARRANT filed by DEFENDANT BY FAX on 01/08/2024 |
| 1/3/2024 |
BW (FTA 2ND PRE TRIAL) ISSUED TO HCSO FOR SERVICE |
| 1/2/2024 |
This matter came on for consideration this day 01/02/2024. 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 $500.00.It is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(D). |
| 1/2/2024 |
JE Continuance Issued |
| 1/2/2024 |
BENCH WARRANT FEE of $25.00 assessed |
| 1/2/2024 |
CR FTA Hearing Bench Warrant Issued |
| 1/2/2024 |
Warrant issued for FTA CR HEARING on 01/02/2024 |
| 1/2/2024 |
PT Report Issued |
| 1/2/2024 |
Recommendation: Neither the Defendant nor Counsel appeared at Pre-Trial. Bench Warrant will issue. Time limits pursuant to ORC 2945.71-73 are hereby waived without limitation. |
| 1/2/2024 |
PT Report Issued |
| 11/7/2023 |
Assignment Notice File Issued |
| 11/7/2023 |
SECOND PRETRIAL set for 01/02/2024 at 03:00 PM in room 203 by JUDGE STEPHANIE M BISHOP Hearing was set on 11/07/2023 |
| 11/7/2023 |
PT Report Issued |
| 11/7/2023 |
Recommendation: Pre-Trial held. SET FOR 2ND PRE-TRIAL. DEFENDANT HANDLING LICENSING ISSUES IN DELAWARE COUNTY. HAS COURT IN APPROXIMATELY ONE MONTH. SET OUT 45 DAYS. Time limits pursuant to ORC 2945.71-73 are hereby waived without limitation. |
| 10/17/2023 |
Assignment Notice File Issued |
| 10/17/2023 |
SECOND PRETRIAL set for 11/07/2023 at 03:00 PM in room 203 by JUDGE STEPHANIE M BISHOP Hearing was set on 10/17/2023 |
| 10/17/2023 |
PT Report Issued |
| 10/17/2023 |
Recommendation: Pre-Trial held. SET FOR 2ND PRE-TRIAL. SET OUT AFTER NOVEMBER 2, 2023, FOR DEFENDANT TO RESOLVE CASE IN DELAWARE COUNTY Time limits pursuant to ORC 2945.71-73 are hereby waived without limitation. |
| 9/5/2023 |
Assignment Notice File Issued |
| 9/5/2023 |
SECOND PRETRIAL set for 10/17/2023 at 03:00 PM in room 203 by JUDGE STEPHANIE M BISHOP Hearing was set on 09/05/2023 |
| 9/5/2023 |
PT Report Issued |
| 9/5/2023 |
Recommendation: Pre-Trial held. SET FOR 2ND PRE-TRIAL. Time limits pursuant to ORC 2945.71-73 are hereby waived without limitation. |
| 8/10/2023 |
MOTION TO DISMISS DENIED by MATTHEW A CUNNINGHAM Magistrate on 08/10/2023 (THIS DAY, THIS MATTER CAME ON TO BE HEARD UPON THE DEFENDANT'S PRO SE MOTION TO DISMISS THE CHARGE WITH PREJUDICE. THE COURT FINDS THAT DEFENDANT'S ARGUMENT CONSISTS THE DEFENDANT'S INALIENABLE RIGHT TO TRAVEL ON ANY ROAD OR HIGHWAY WITHOUT INFRINGEMENT SUCH AS THE STATE OF OHIO REQUIRING A DRIVER'S LICENSE. THE COURT FINDS DEFENDANT'S ARGUMENT WITHOUT MERIT.
THE OHIO THIRD DISTRICT COURT OF APPEALS AND SEVERAL OTHER COURTS IN THE STATE OF OHIO HAS HELD THAT OPERATING A MOTOR VEHICLE IS A PRIVILEGE AND NOT A FUNDAMENTAL RIGHT. STATE V. STUBER, 2002-OHIO-3394. TO BE PRIVILEGE TO DRIVE A MOTOR VEHICLE, ONE MUST CONFORM TO THE REQUIREMENTS WHICH ESTABLISHED THE PRIVILEGE. CITY OF MT. VERNON V. YOUNG 2006-OHIO-3319.
IN THE CASE AT BAR, THE DEFENDANT HAS RIGHT TO TRAVEL ON ANY HIGHWAY. AN INDIVIDUAL DRIVING A MOTOR VEHICLE IS ONLY ONE FORM OF TRAVEL. THE STATE OF OHIO REQUIRING A DRIVER LICENSE DOES NOT PREVENT THE DEFENDANT FROM ENGAGING IN OTHER FORMS OF TRAVEL. THE DEFENDANT CAN TAKE AN UBER, A CAB, A BUS, RIDE A BIKE, WALK OR FLY. IT IS THEREFORE ORDERED THAT DEFENDANT'S MOTION SHALL BE AND IS HEREBY OVERRULED.) |
| 8/10/2023 |
Assignment Notice File Issued |
| 8/10/2023 |
Pre-Trial set for 09/05/2023 at 02:45 PM in room 203 by JUDGE STEPHANIE M BISHOP |
| 8/10/2023 |
Plea of NOT GUILTY entered on 08/10/2023 |
| 8/10/2023 |
This matter came on for consideration this day 08/10/2023. The defendant appeared in open court and was advised of the charge, penalty, available pleas, and legal rights. The Defendant waived his right to counsel and entered a plea of NOT GUILTY.Further, the defendant requested this matter be set for a pre-trial conference, pursuant to criminal rule 17.1.It is therefore ORDERED, ADJUDGED, AND DECREED that this matter be continued and scheduled for a pre-trial conference, and that the delay be charged against the Defendant pursuant to Revised Code 2945.72(e).It is further ordered that the defendant be released upon signing/posting of OR BOND , and further upon the condition(s) as stated on the bond.The defendant is not to operate a motor vehicle for any reason. APPEAR FOR ALL COURT HEARINGS AND APPEAR ON TIME |
| 8/10/2023 |
MAGISTRATE CONTINUANCE Issued |
| 8/10/2023 |
PERSONAL APPEARANCE RECOG Issued |
| 8/9/2023 |
Written MOTION TO DISMISS filed by Defendant on 08/09/2023 |
| 7/28/2023 |
Arraignment continued to 08/10/2023 at 08:30 AM |
| 7/28/2023 |
MOTION FOR CONTINUANCE OF ARRN GRANTED by MATTHEW A CUNNINGHAM Magistrate on 07/28/2023 (MOTION GRANTED. ARRAIGNMENT CONTINUED TO AUGUST 10, 2023 AT 8:30 A.M. SPEEDY TRIAL TIME TOLLED PER ORC 2945.72, ET SEQ.) |
| 7/26/2023 |
Written MOTION FOR CONTINUANCE OF ARRN filed by DEFENDANT BY FAX on 07/26/2023 |
| 7/20/2023 |
Arraignment set for 07/27/2023 at 08:30 AM in room 202 |
| 7/20/2023 |
Case Filed on 07/20/2023 |