CASE HIGHLIGHTS

Criminal Cases:

Medina Common Pleas Court (2013)

State v. Hassan Warsame—client charged with Poss. of 50x – 100x bulk of cathinone (khat), a Sch. I stimulant; facing mandatory 2 – 8 years if convicted; tried to jury; found guilty of Poss ˂ bulk; sentenced to 90 days jail w/ credit for 35 days; fines & costs waived

Medina Municipal Court (2013)

State v. Jones—sobriety check point stop; client turned around before checkpoint; police followed and stopped; arrested for OVI; motion to supp filed challenging stop; officer no show at supp hrg; supp motion granted; state dismisses all charges
State v.Vandeusen--traffic stop; client charged with OVI/BAC; motion to supp filed re Intoxilyzer 8000; court grants motion; no qualifications for operator
docs/Vandeusen Intox Dec MMC 2 28 2013.pdf
State v. Young--OSHP traffic stop of client going wrong way on 4 lane highway; arrested for OVI; motion to supp filed on Intox 8000 BAC results; court suppresses results
Intoxilyzer 8000

Medina Municipal Court (2012)

State v. John Doe; client stopped for marked lane violation; Medina officer smells alcohol; client admits to drinking earlier; SFSTs done improperly; client arrested for OVI; refuses BAC; motion to suppress filed; state dismisses OVI in exchange for NC plea to marked lane violation
State v. Roth; client enters Sprint store at closing; dispute re closing time with employees; charged w/ criminal trespass; evidence presented to prosecutor favorable to client; charge dismissed
State v. Nemcek; deputy sheriff stops client for "suspicious vehicle;" odor of alcohol; admission to consumption; SFSTs; client arrested for OVI; client refuses BAC test; motion to suppress filed; court grants motion to suppress; OVI charge dismissed
Staet v. Butler; Montville officer stops client for running stop sign; smells marijuana; searches car and finds pot; SFSTs administered; client does poorly; blood drawn; positive result; client arrested for OVI/BAC; motion to suppress filed; court grants motion; all charges dismissed
State v. Prochko; state trooper stops client for no turn signal; smells alcohol; client admits to two drinks; performs SFSTs; client arrested for OVI; BAC .104; motion to suppress filed; court orders SFSTs suppressed and BAC; state dismisses OVI; client pleads NC to no turn signal
State v. Nameth; client calls 911 while sitting in car in driveway to report abusive husband; deputy arrives and performs HGN on her while sitting in vehicle with engine running; observes 6/6 clues; arrests client for OVI; motion to suppress granted; State dismisses complaint
State v. Clark; Trooper stops client for speeding; smells alcohol and observes bloodshot glassy eyes; performs field sobriety tests; Trooper also smells marijuana; arrests client for OVI; client blows .046 BAC; client refuses urine sample; motion to suppress filed; State agrees to dismiss OVI in exchange for plea of no contest to speed

Medina Municipal Court: (2011)

State v. Shauna Bauer; client involved in one-car accident on curvy road; OSHP Trooper arrives; performs HGN; 6/6 clues; arrested for OVI; blood taken at hospital; motion to suppress filed re test results; prosecution unable to prove compliance testing; OVI charge dismissed; client pleads NC to minor misdemeanor failure to control.
State v. Brown;client stopped for expired OL; officer requests client to exit vehicle and perform FSTs on sloped concrete driveway; officer arrests client for OVI; motion to suppress filed; court grants motion to suppress; prosecutor dismisses OVI charge; client pleads NC to expired OL.
Case Judgement Details

Medina Municipal Court: (2010)

State v. Archer;township police respond to noise complaint at night; police enter client's enclosed backyard; knock on door to wooden shed, enter without consent; seize evidence allegedly in plain view; client charged with misdemeanor offense; motion to suppress filed; prosecutor agrees to dismiss charge at state's cost.
State of Ohio v. Nicholas Andrukat;client charged with OVI/OVI BAC; improper high beams; motion to suppress granted; State dismissed OVI charges; client pled to minor misdemeanor high beam traffic offense
Case Judgement Details
State of Ohio v. Robert Ovall III;co-counseled case with Attorney William LeFaiver; client charged with OVI/OVI BAC .222gr/dl; marked lanes; motion to suppress granted; State dismissed OVI charges; client pled NC to marked lanes minor misdemeanor traffic violation
Case Judgement Details

Medina County Common Pleas Court (2012)

State of Ohio v. Bermudez--client charged with forgery of identification card, F5; investigation showed information on card matched client's personal info; client's signature appeared on ID; indictment dismissed
State of Ohio v. Picknell--husband and wife charged with theft from the elderly, F3; clients ran mom and pop consignment shoppe; after lengthy investigation, State dismissed indictment due to "lack of venue"

Medina County Common Pleas Court (2011)

State of Ohio v. Joaquin Ramos-Ortiz;client charged with intimidation of witness/victim, felony 3rd degree; 2 day jury trial resulted in acquittal; client discharged.
State of Ohio v. Kenneth R. Bailey;client's petition to challenge re-classification of offender registration from 1x per year for 10 years to 2x per year for 25 years granted based on Supreme Court of Ohio's decision in State v. Bodyke (June 3, 2010), Slip Opinion No. 2010-Ohio-2424
State of Ohio v. Daniel Potter;client's petition to challenge re-classification of offender registration from 1x per year for 10 years to 2x per year for 25 years granted based on Supreme Court of Ohio's decision in State v. Bodyke (June 3, 2010), Slip Opinion No. 2010-Ohio-2424
State of Ohio v. Donald J. Phifer;reclassification notification case; Attorney General's Office sought reclassification from ten year reporting requirement to lifetime reporting every ninety days; motion to terminate all registration requirements granted; court found petitioner had no duty to register in the first place
Case Judgement Details

Norwalk Municipal Court, Huron County, Ohio (2010)

State v. Zablocki;OVI Sobriety Checkpoint stop and arrest; client charged with OVI; motion to suppress granted; prosecutor dismissed all charges.

Ohio Supreme Court

State v. Carl Morris, Jr.--Court accepts jurisdiction to answer question whether Ninth District Court of Appeals applied wrong standard of review when reaching its decision

Ninth District Court of Appeals

State of Ohio v. Carl Morris, Jr. State of Ohio's motion for re-hearing en banc and motion to certify a conflict denied; State's jurisdictional appeal to Supreme Court of Ohio granted. Oral arguments set for November 1, 2011
State of Ohio v. Carl M. Morris, Jr. (September 13, 2010);appellate court reversed conviction of client for rape of child under ten; court ruled that trial court improperly allowed into evidence prior bad acts of client that had nothing to do with the rape charge; client's sentence of life in prison reversed and case remanded to trial court for new trial.
State of Ohio v. Kyle Phillps (2007);appellant's convictions for attempted rape and abduction reversed due to trial court's failure to advise Mr. Phillips of mandatory post-release control at change of plea hearing; remanded to trial court

Cuyahoga County Common Pleas Court (2009)

State of Ohio v. Timothy Turner; co-counsel with partner Andrew Korduba; client charged with two counts rape (Felony 1), one count kidnapping (Felony 1), two counts felonious assault (Felony 2), one count aggravated robbery (Felony 1), and one count domestic violence (M1); client faced over 56 years in prison; State dismissed all charges

Personal Injury Cases (since 2000):

Cynthia Turner v. James Quisenberry (2012); defendant driver veered into plaintiff while she was on motorcycle, causing her to be ejected; plaintiff skidded against asphault; suffered severe road rash, bruised shoulder, stitches to upper arm, bruised left knee resulting in chondromylacia; medicals of $45k; lost wages of $9k; insurance company settled pre-suit for $94,000
Jane Doe v. John Doe Chiropractor; (September 1, 2011); chiropractic malpractice case; client suffered bilateral tearing of the vertebral arteries following chiropractic spinal manipulation; client experienced small strokes from clots; parties settled for $237,500
John Doe v. Anonymous Bar; (Cuyahoga County 2010); co-counseled case with Cleveland attorney Steven Weiss; client struck head-on by drunk driver who had just left Anonymous Bar; had 16-17 beers over 2 hour period; BAC .254 at scene; Dram Shop action; client sustained several fractures and hospitalized for 2 weeks; case settled during voir dire for $185,000 (client previously settled with drunk driver for policy limits)
Eric Schnetz, et al. v. ODRC; (September 13, 2010); client collided with another football player during prohibited game of tackle football while incarcerated at Mansfield Correctional Camp in November, 2004; corrections officers failed to monitor prison yard; catastrophic injury resulting in quadriplega; trial court found the prison and client equally responsible; net judgment: $4.325 million to Eric and $80,000 to his children for total judgement of $4.405 million; revrsd by 10th Dist. Ct. of Appeals; Ohio Sup Ct. declines jurisdiction
Gary Bryant v. Ohio Edison Co, et al.; electrical burn injury case to 50-year-old married male; settlement of $1.3 million
Eggeman, Executor of Estate of Robert Keith Chapman v. Brinker International Inc., et al.; wrongful death of 40-yr-old single male struck head-on by drunk driver; dram shop liability; $1 million settlement
Tina Harrell, et al. v. Delta Management, Inc. (dba Christie's Cabaret); premises liability shooting case; 38-yr-old female entertainer shot inside club; $425,000 settlement
Robert Greene, et al. v. USA, Dept. of Veterans Affairs; medical malpractice case; failure to diagnose colorectal cancer; 53-yr- old African American Vietnam Vet; $725,000 settlement;
Contreras v. ERA Enterprises, LLC; premises liability case involving stabbing of two clients outside nightclub in parking lot; total settlement of $159,000