Case Details

General Information

Case Number
24CRB00547
Attorney Name
HOWARD A ELLIOTT
Assigned To
Offense Date
6/2/2024
Date Filed
6/4/2024
Waiverable
No
Affiant Name
SCHIMMOELLER, JOHN
Affiant Type
City of Findlay PD
Proof of Insurance
Unknown
Muni Name
City of Findlay

Defendant Information

Name
GEORGE ANTHONY LANAGAN
Address Line 1
3112 CROSSHILL DR
Address Line 2
City
FINDLAY
State
OH
ZIP Code
45840
DLN
RL575102
DOB
9/16/1971

Financial Information

Total Cost
$0.00
Total Paid
$0.00
Total Owed
$0.00

Vehicle Information

Plate State
OH
Plate Number
Vehicle Year
Vehicle Make
Vehicle Model
Vehicle Color

Warrant Information

Active Warrants
No

Counts

Count Number Citation Number Statute Code Statute Description Plea Finding Finding Date Adjudicated By
1 202411396 2919.25A DOMESTIC VIOLENCE NO CONTEST GUILTY 6/4/2024 MATTHEW A CUNNINGHAM
Count Number
1
Citation Number
202411396
Statute Code
2919.25A
Statute Description
DOMESTIC VIOLENCE
Plea
NO CONTEST
Finding
GUILTY
Finding Date
6/4/2024
Adjudicated By
MATTHEW A CUNNINGHAM

Hearing Information

Description Court Date/Time Court Room Heard By
Pre-Trial with Judge 10/29/2024 3:00:00 PM 2 STEPHANIE M BISHOP
Hearing on Motion 7/24/2024 10:30:00 AM 2 STEPHANIE M BISHOP
Sentencing 6/11/2024 2:00:00 PM 3 MATTHEW A CUNNINGHAM
Arraignment 6/4/2024 2:00:00 PM 202

Docket Information

Entry Date Entry Text
9/4/2024 Assignment Notice File Issued
9/4/2024 Pre-Trial with Judge set for 10/29/2024 at 03:00 PM in room 2 by JUDGE STEPHANIE M BISHOP
8/22/2024 IN THE FINDLAY MUNICIPAL COURT, FINDLAY, OHIO STATE OF OHIO CASE NO.: 24CRB0572 PLAINTIFF, JUDGE BISHOP VS. JUDGMENT ENTRY G. ANTHONY LANAGAN DEFENDANT. _________________________________/ This matter came before the Court on July 24 2024, for a hearing on Defendant’s Motion to Withdraw Plea of No Contest filed July 18, 2024. Special Prosecutor Benjamin C. Buckland appeared on behalf of the State of Ohio and Defendant George Anthony Lanagan appeared with Attorney Howard A. Elliott. Defendant appeared before Acting Judge Cunningham on June 4, 2024 for an arraignment on a charge of domestic violence, a misdemeanor of the first degree, with an offense date of June 2, 2024. Defendant waived his right to have an attorney assist him, as well as his other constitutional rights, and entered a No Contest Plea. Acting Judge Cunningham accepted Defendant’s No Contest Plea and deferred the matter for sentencing to allow the prosecutor time to contact the victim. Defendant was before the Court for sentencing on June 11, 2024. Magistrate Cunningham sentenced the Defendant and advised him of his right to object to the Magistrate’s Decision within 14 days. Defendant did not waive his right to object to the Magistrate’s Decision. On June 18, 2024, Attorney Elliott filed Preliminary Objections to the Decision of the Magistrate as well as the Motion to Withdraw Plea of No Contest on behalf of the Defendant. At the motion hearing, Attorney Elliott and Special Prosecutor Buckland argued their respective positions regarding the Motion. At the conclusion of arguments the Court requested each party file a brief on or before August 16, 2024 addressing their respective positions. Attorney Elliott filed a Supplemental Memorandum in Support of Motion to Vacate Plea on August 14, 2024. Special Prosecutor Benjamin C. Buckland filed a Brief in Opposition to Defendant’s Objections to Magistrate’s Decision on August 16, 2024. Based upon the arguments of counsel, evidence presented and having considered the applicable law, the Court FINDS and ORDERS as follows: Criminal Rule 32.1 provides that “[a] motion to withdraw a plea of guilty or no contest may be made only before sentence is imposed; but to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his or her plea”. In his Brief in Opposition, Prosecutor Buckland concedes that the objection to the Magistrate’s Decision was timely filed. He argues that because the objection was not specific and did not state with particularity that the objection is without merit and that the Magistrate’s Decision should be approved in full by the Court. Criminal Rule 19 (4)(a) provides that “[a] magistrate’s decision is not effective unless adopted by the court”. In addition (4)(b) specifically provides that “[n]o sentence recommended by a magistrate shall be enforced until the court has entered judgment.” In this particular case, the Magistrate’s Decision Sentencing Entry was not adopted by the Court because of the timely objection to the Magistrate’s Decision. As such, the Court finds that Defendant’s Motion to Withdraw Plea of No Contest was filed before the sentence was imposed. While a presentence motion to withdraw a no contest plea should be freely and liberally granted, a defendant does not have an absolute right to withdraw a no contest plea prior to sentencing. See State v. Rogan, 2024 WL 1526114, 2024-Ohio-1334 (3rd Dist. 2024) citing State v. Xie, 62 Ohio St. 521, 527 (1992). In State v. Lane, 3d Dist. Allen No. 1-10-10, 2010-Ohio-4819, ¶21, the Third District Court of Appeals outlined several factors for the Court to consider when determining if there is a reasonable and legitimate basis for withdrawal of the plea. The Court, in quoting State v. North, 3d Dist. Logan No. 8-14-18, 2015-Ohio-720, ¶ 16, goes on to state that “[n]one of the factors is determinative on its own and there may be numerous additional aspects ‘weighed’ in each case”. The Defendant was incarcerated on the date of plea. Attorney Elliott indicates that his client entered the no contest plea because he was stressed out after a week in jail and believed that he would get out of jail by entering the plea. The Defendant waived his right to have an attorney assist him and entered the no contest plea without the advice of counsel. Attorney Elliott argues that his client maintains his innocence and that at the time he entered into the no contest plea he was unaware of the statements made against him by the victim. Special Prosecutor Buckland did not indicate that the state would be prejudiced in any way by the by withdrawal of the plea. Defendant’s Motion to Withdraw Plea of No Contest was filed within 2 weeks of Defendant entering the No Contest Plea and within 16 days of the date of offense. This offense is a serious misdemeanor offense that not only carries the possibility of six months in jail but also the possibility of enhancing any future similar charges to felony level offenses. The Court finds that after consideration of the applicable law and factors outlined above and contained in Defendant’s Motion, that there is a reasonable and legitimate basis for withdrawal of the plea. As such, the Court grants Defendant’s Motion to Withdraw his Plea of No Contest. The Court denies the Preliminary Objections to the Decision of the Magistrate as moot. This matter shall be scheduled for Pre-Trial conference between the parties and the Court. SIGNED BY STEPHANIE M. BISHOP, JUDGE
8/16/2024 BRIEF IN OPPOSITION TO DEFENDANT'S OBJECTIONS TO MAGISTRATE'S DECISION FILED BY SPECIAL PROSECUTOR BENJAMIN C. BUCKLAND
8/14/2024 SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO VACATE PLEA - FILED BY DEFT'S ATTY
7/25/2024 Supplemental Disposition Issued
7/24/2024 This Day, July 24, 2024 This matter came on for consideration. It is the order, judgment and decree of this court that THIS MATTER CAME BEFORE THE COURT FOR HEARING ON DEFENDANT'S MOTION TO WITHDRAW PLEA OF NO CONTEST. PROSECUTOR BUCKLAND APPEARED ON BEHALF OF THE STATE OF OHIO AND DEFENDANT APPEARED WITH ATTORNEY ELLIOTT. THE COURT HEARD FROM COUNSEL AND ORDERED EACH PARTY TO PROVIDE A BRIEF ON OR BEFORE AUGUST 16, 2024 OUTLINING THEIR RESPECTIVE POSITION REGARDING THE ISSUES ADDRESSED IN DEFENDANT'S MOTION. STEPHANIE M BISHOP JUDGE
7/10/2024 ORIGINAL TRANSCRIPT OF PROCEEDINGS HELD ON THE 11TH DAY OF JUNE, 2024, FILED BY DEFT'S ATTY
7/10/2024 ORIGINAL TRANSCRIPT OF PROCEEDINGS HELD ON THE 4TH DAY OF JUNE, 2024, FILED BY DEFT'S ATTY
6/25/2024 Assignment Notice File Issued
6/25/2024 Hearing on Motion set for 07/24/2024 at 10:30 AM in room 2 by JUDGE STEPHANIE M BISHOP HEARING ON DEFENDANT'S MOTION TO WITHDRAW PLEA OF NO CONTEST
6/21/2024 Case sent to BCI&I on 06212024
6/21/2024 MOTION SET FOR HEARING by STEPHANIE M BISHOP JUDGE on 06/21/2024 (TO WITHDRAW PLEA OF NO CONTEST)
6/20/2024 COMMITMENT RETURNED BY HSO (MONTGOMERY) W/SERVE 17 DAYS ON 06/17/2024
6/18/2024 Written MOTION filed by Defendant's Attorney on 06/18/2024 (TO WITHDRAW PLEA OF NO CONTEST)
6/18/2024 Program Appt Notification Issued
6/18/2024 Removal of No Contact Order 10A issued to FPD due to granted stay on sentence
6/18/2024 TC Judgment Entry Issued
6/18/2024 WARRANT TO DISCHARGE Issued
6/18/2024 MOTION GRANTED by STEPHANIE M BISHOP JUDGE on 06/18/2024 (MOTION TO EXTEND TIME TO BRIEF OBJECTIONS) This matter came before the Court upon the motion of the Defendant, G. Anthony Lanagan, for an extension of time herein to supplement and revise and extend, for a period of twenty-one (21) days from the securing and filing of the transcript of the June 4, 2024 arraignment and the June 11, 2024 sentencing hearing, and the Court upon consideration of same finds this motion well taken and it is hereby ORDERED, ADJUDGED and DECREED that the Defendant is granted an extension to supplement and revise and extend any objections hereby for a period of twenty-one (21) days from the securing and filing of the transcript of the June 4, 2024 arraignment and the June 11, 2024 sentencing hearing.
6/18/2024 MOTION GRANTED by STEPHANIE M BISHOP JUDGE on 06/18/2024 (MOTION TO STAY SENTENCE) GRANTED. SENTENCE SHALL BE STAYED PENDING RESOLUTION OF DEFENDANT'S OBJECTION.
6/18/2024 HOWARD A ELLIOTT filed notice of appearance
6/18/2024 Written ENTRY OF APPEARANCE AS COUNSEL filed by Defendant's Attorney on 06/18/2024
6/18/2024 Written MOTION filed by Defendant's Attorney on 06/18/2024 (MOTION TO EXTEND TIME TO BRIEF OBJECTIONS)
6/18/2024 PRELIMINARY OBJECTIONS TO THE DECISION OF THE MAGISTRATE FILED BY DEFT'S ATTY
6/18/2024 Written MOTION filed by Defendant's Attorney on 06/18/2024 (MOTION TO STAY SENTENCE)
6/18/2024 Judgment This Day, June 18, 2024 This matter came on for consideration. It is the order, judgment and decree of this court that THIS MATTER COMES BEFORE THE COURT UPON THE DEFENDANT'S MOTION TO STAY SENTENCE FILED ON JUNE 18, 2024. FOR GOOD CAUSE SHOWN THE COURT GRANTS DEFENDANT'S MOTION. THE SENTENCE SHALL BE STAYED PENDING RESOLUTION OF DEFENDANT'S OBJECTION. DEFENDANT SHALL BE RELEASED FROM THE HANCOCK COUNTY JUSTICE CENTER. A CONDITION OF DEFENDANT'S RELEASE IS THAT HE SHALL NOT HAVE ANY CONTACT WITH AMY ARNOLD. IN ADDITION, DEFENDANT SHALL BE PLACED ON PRETRIAL SUPERVISION. DEFENDANT SHALL REPORT TO THE PROBATION DEPARTMENT UPON HIS RELEASE SUBJECT TO ANY ADDITIONAL CONDITIONS DEEMED APPROPRIATE BY THE PROBATION DEPARTMENT. STEPHANIE M BISHOP JUDGE
6/17/2024 Written MOTION filed by Defendant on 06/17/2024 (THE MOTION IS GRANTED AS FOLLOWS: DEFENDANT SHALL REPORT AT 8:00 P.M. ON 6/17/2024 TO SERVE HIS REMAINING JAIL SENTENCE.)
6/17/2024 MOTION GRANTED by STEPHANIE M BISHOP JUDGE on 06/17/2024 (THE MOTION IS GRANTED AS FOLLOWS: DEFENDANT SHALL REPORT AT 8:00 P.M. ON 6/17/2024 TO SERVE HIS REMAINING JAIL SENTENCE.)
6/17/2024 NOTICE FEE of $5.00 assessed
6/17/2024 Commitment After Conviction Issued (FAXED TO HCJC)
6/17/2024 Defendants name changed to GEORGE ANTHONY LANAGAN
6/13/2024 COMMITMENT RETURNED BY HCSO (LOWDEN) W/ SERV 30 DAYS ON 06/11/2024 AT 3:00 PM
6/13/2024 DEFENDANT APPEARED FOR FINGER PRINTING ON 6/2/2024 AT 1650 HRS FILED BY HCSO (LOWDEN)
6/12/2024 COPY OF NO CONTACT ORDER ISSUED TO PROBATION OFFICER POWELL AND THE FINDLAY POLICE DEPARTMENT.
6/12/2024 COPY OF NO CONTACT ORDER ISSUED TO VICTIM, VIA CERTIFICATE OF MAILING.
6/12/2024 COPY OF NO CONTACT ORDER SERVED TO DEFT. BY PROBATION OFFICER POWELL
6/12/2024 TC Certificate of Mailing Issued
6/11/2024 Program Appt Notification Issued
6/11/2024 No Contact Order Form 10G Issued
6/11/2024 No Contact Order Form 10A Issued
6/11/2024 Unpaid Letter Issued
6/11/2024 Issued Unpaid Letter for Case Balance Due of $3850.00 and over all balance of $3850.00
6/11/2024 NOTICE FEE of $5.00 assessed
6/11/2024 Commitment After Conviction Issued
6/11/2024 Finger Print Return Issued
6/11/2024 Finger Print Requirements Issued
6/11/2024 Plea of NO CONTEST entered on 06/04/2024
6/11/2024 MAGISTRATE SENTENCING ENTRY Issued
6/11/2024 Confinement Jail Time Sentenced 90 Day(s) 9 Credited 60 Suspended
6/11/2024 Finding of GUILTY entered for 2919.25A - DOMESTIC VIOLENCE
6/11/2024 Evaluation Referral Issued
6/11/2024 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.Hereby waive any rights to object to the Magistrates decision. A Party shall not assign or appeal the Court's adoption of a factual finding or legal conclusion unless the party has filed objections pursuant to Rule 17 of the Ohio Rules of Criminal Procedure.It is ORDERED, ADJUDGED, AND DECREED that the defendant is found GUILTY of DOMESTIC VIOLENCEORC/CO 2919.25A, and is sentenced as follows:1) A fine of $250.00 plus all costs 2) A jail sentence of 90 Day(s) with 60 Day(s) suspended consecutive to be scheduled by the Clerk's office. The defendant is ordered to pay all costs of confinement in a jail or other residential facility pursuant to ORC 2929.28, including but not limited to, a per diem fee for room and board in the jail of up to $108.00 per day, and any other costs provided by statute. 3) Defendant shall obtain an ALCOHOL/SUBSTANCE ABUSE 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 4) Credit for 9 Day(s) days served. 5) No contact with the victim, Amy Arnold for 1 year. 6) No criminal conduct for 1 Year(s).7) Defendant shall be placed on probation for 1 Year(s).
6/5/2024 Prosecutor BUCKLAND, BENJAMIN C Assigned
6/5/2024 Written JE - APPOINTMENT OF ACTING JUDGE MATTHEW CUNNINGHAM filed by Judge on 06/05/2024
6/4/2024 NOTICE FEE of $5.00 assessed
6/4/2024 Commitment Pending Hearing Issued
6/4/2024 Assignment Notice File Issued
6/4/2024 Sentencing set for 06/11/2024 at 02:00 PM in room 3 by Magistrate MATTHEW A CUNNINGHAM
6/4/2024 Guilty - Sentence Deferred Issued
6/4/2024 NOTICE TO APPOINT SPECIAL PROSECUTOR (BENJAMIN C. BUCKLAND)
6/4/2024 WARRANT ON COMPLAINT RETURNED BY BAILIFF (SCHIMMOELLER) WITH $21.00 FEE
6/4/2024 WARRANT ON COMPLAINT ISSUED TO BAILIFF FOR SERVICE
6/4/2024 Case Filed on 06/04/2024
6/4/2024 Arraignment set for 06/04/2024 at 02:00 PM in room 202

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