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Medina, Ohio 44256
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CASE HIGHLIGHTS
Criminal Cases:
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 (2010)
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.
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):
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 confidential amount
Eric Schnetz, et al. v. ODRC;
(September 13, 2010); client collected 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; court found the prison and client equally responsible; net judgement:
$4.325 million
to Eric and
$80,000
to his children for total judgement of
$4.405 million
(the Tenth District Court of Appeals reversed the trial court on August 9, 2011 and case is now pending jurisdiction before the Supreme Court of Ohio)
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
Recent Cases:
Acquittal of a 40-year-old white male charged with rape of a child under ten; client faced life in prison if convicted
Eighteen-year-old white male charged with two counts of aggravated arson, felonies of the first degree, and facing twenty years in prison; client confessed to setting fires; pled to one reduced charge of attempted aggravated arson, felony of third degree; client served just over one year in prison
Client charged with violating Civil Protection Order based on repeated phone calls to protected person; facing six months in jail; charge dismisse