NOLLED & NOT GUILTY - 2010 CRB 046440 STATE OF OHIO / CITY OF CLEVELAND -VS- CUEVAS, ANGEL L RLP - injustice storys tremont twdc

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05/04/2011 ON THE PROSECUTOR'S MOTION, THIS MATTER MARKED NOLLE PROSEQUI. DEFENDANT IS DISCHARGED ACCORDINGLY. Charge #1: BUILDING CODE VIOLATION - (READ COMPLETE INJUSTICE STORYS OF THE SHADOW RACIST CORRUPT SIDE OF THE SYSTEM AND TREMONT WEST DEVELOPMENT CORPORATION IN TREMONT)

04/29/2011

DEFENDANT HAVING BEEN FOUND NOT GUILTY THE DEFENDANT IS HEREBY DISCHARGED AS TO THIS COUNT. Charge #1: BUILDING CODE VIOLATION

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2010 CRB 046440 STATE OF OHIO / CITY OF CLEVELAND -VS- CUEVAS, ANGEL L RLP
 
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Search Results 57 Docket(s) found matching search criteria.
 
Docket Date Docket Text Amount Amount Due Images
05/04/2011 ON THE PROSECUTOR'S MOTION, THIS MATTER MARKED NOLLE PROSEQUI. DEFENDANT IS DISCHARGED ACCORDINGLY. Charge #1: BUILDING CODE VIOLATION 0.00 0.00    
05/02/2011 MOTION FILED BY DEFENDANT REQUEST FOR TRANSCRIPTS 5.00 0.00    
05/02/2011 DEFENDANT'S WRITTEN MOTION TO DISMISS FILED WITH THE CLERK BY SECOND 5.00 0.00    
05/02/2011 MOTION FILED BY DEFENDANT 5.00 0.00    
04/29/2011 HEARING SCHEDULED: Event: HOUSING CRIMINAL PRE-TRIAL Date: 05/02/2011 Time: 9:30 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B 0.00 0.00    
04/29/2011 JOURNAL ENTRY NOTE: DEFENDANT FOUND NOT GUILTY ON 2 MINOR MISDEMEANOR COUNTS LISTED ABOVE. 0.00 0.00    
04/29/2011 TRIAL HAD 0.00 0.00    
04/29/2011 CONTINUED AT DEFENDANTS REQUEST 5/2/11 10.00 0.00    
04/29/2011 DEFENDANT HAVING BEEN FOUND NOT GUILTY THE DEFENDANT IS HEREBY DISCHARGED AS TO THIS COUNT. Charge #1: BUILDING CODE VIOLATION
0.00 0.00    
04/28/2011 SET FOR JURY TRIAL 0.00 0.00    
04/28/2011 MOTION FOR DISMISS DENIED 0.00 0.00    
04/26/2011 CLERK ORDERED TO JOURNALIZE EXTENDED JOURNAL ENTRY Defendant filed a motion to dismiss April 26, 2011. The Court denies the motion for the following reasons. This Court can dismiss pending criminal actions short of trial only when a defendant raises a defense, objection, evidentiary issue, or request that is capable of determination without the trial of the general issue. Criminal Rule 12(C). Defendant argues in his motion that he is not guilty, offering evidence by affidavit. The question of a defendants guilt cannot be resolved by affidavit. It is the general issue that must be resolved by trial. Defendants motion to dismiss is denied. 0.00 0.00    
04/26/2011 DEFENDANT'S WRITTEN MOTION TO DISMISS FILED WITH THE CLERK BY 5.00 0.00    
04/22/2011 HEARING SCHEDULED: Event: HOUSING JURY TRIAL Date: 05/05/2011 Time: 11:00 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B Result: CONTINUED AT DEFENDANT'S REQUEST - HOUSING 0.00 0.00    
04/22/2011 ON COURT'S OWN MOTION THIS MATTER IS CONTINUED. 0.00 0.00    
04/22/2011 HEARING SCHEDULED: Event: HOUSING CRIMINAL BENCH TRIAL Date: 04/28/2011 Time: 1:30 pm Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B Result: CONTINUED AT COURT'S REQUEST - HOUSING 0.00 0.00    
04/22/2011 CLERK ORDERED TO JOURNALIZE EXTENDED JOURNAL ENTRY This case was scheduled for jury trial on April 28, 2011, 11:00 AM in Courtroom 13B. For the reasons set forth below, the scheduling in this case is modified, with the case proceeding to bench trial before Judge Raymond L. Pianka on the minor misdemeanor charges only on April 28, 2011 in Courtroom 13B. The time of the trial is changed to 1:30 p.m. The jury trial on the remaining charges is rescheduled below. In addition, an indigency hearing shall be held on April 28, 2011, immediately following the bench trial on the minor misdemeanors. Defendant is charged with violating the Citys Building Code. The specific charges are: 1. Failure to comply with an order of the Department of Building and Housing, (C.C.O. 3103.25(e)); 2. Failure to replace deteriorated OSB (C.C.O. 3101.10(a)); 3. Failure to paint so that wall remains weather tight (C.C.O. 3101.10(c)); 4. Failure to keep property free of wrecked, dismantled, inoperative, discarded, unused or unlicensed motor vehicles (C.C.O. 3101.10(e)); and 5. Failure to keep property free of debris (C.C.O. 3101.10(e)). The first three charges, above, are first-degree misdemeanors, each alleged to have recurred for a period of eighteen days and totaling fifty-four separate counts (Footnote 1).  For each count, Defendant faces a possible maximum fine of $1,000 and up to one hundred eighty days of incarceration.  Together, the fifty-four first-degree misdemeanor counts allow a potential maximum penalty of $54,000 in fines and eighteen months of incarceration (footnote 2).  For the two minor misdemeanors, also alleged to have recurred for a period of eighteen days and totaling thirty-six counts, the total possible maximum sentence is a $5400 fine (footnote 3). Defendant has informed a representative of the Court that he claims indigent status, entitling him to legal representation by court-appointed counsel. As the potential penalty for the minor misdemeanor charges does not include jail time, Defendant is not entitled to court-appointed counsel on those charges. See City of Cleveland v. Cohen, No. 53135, 1987 WL 15656, at *1 (8th Dist. Aug. 13, 1987) (A defendant is not entitled to court-appointed counsel when charged with a minor misdemeanor because the charge poses no possibility of imprisonment). In addition, Defendant is not entitled to a trial by jury on the minor misdemeanor charges. See City of Cleveland v. Hicks, 8th Dist. No. 89842, 2008-Ohio 1851 (The right to a jury trial does not apply to minor misdemeanors). Accordingly, the Court will conduct a bench trial on the two minor misdemeanors (charges 4 and 5 above) on April 28, 2011, 1:30 PM, Courtroom 13 B, before Judge Raymond L. Pianka. Jury trial on the three first degree misdemeanors (charges 1, 2 and 3 above) is rescheduled for May 5, 2011, 11:00 AM, Courtroom 13 B. The Court anticipates that no further continuances of this trial will be granted, as this matter has been the subject of at least four extensive pretrial conferences. Defendant has, himself, sought and obtained three continuances of the proceedings. Further, the issue of indigency is being raised at a very late hour, 107 days from original appearance, after multiple representations by Defendant that he intended to obtain legal private legal representation, and only 7 days in advance of the originally scheduled jury trial date. In addition to the trial on the minor misdemeanors, a hearing to determine Defendants eligibility for indigency status and qualification for legal representation by court-appointed counsel with respect to the first degree misdemeanor charges is scheduled immediately following the trial on minor misdemeanors, April 28, 2011, 1:30 PM, Courtroom 13B. In determining whether Defendant is indigent, the Court shall be guided by the Ohio Public Defender Commissions standards for determining indigency as set forth in Ohio Administrative Code 120-1-03, the basic criteria for which includes consideration of defendants financial status, including but not limited to: 1. Wages and earnings from employment, unemployment compensation, workers compensation, child support pension/social security compensation, Ohio works first/temporary assistance to needy families (TANF) program compensation, disability compensation, and all other similar forms of compensation/governmental assistance comprising household income; 2. Other financial assets, including but not limited to available cash reserves in savings and checking account, stocks, bonds, certificate of deposit, or other liquid assets; other similar ownership or entitlement to available financial resources with which the applicant might hire legal counsel; but excluding property necessary to maintain employment; 3. Consideration of the number and age of the applicants dependents; and 4. Consideration of basic living costs, including housing, rent and/or mortgage payments, child support actually paid, child care expenses (for employed applicants only), health insurance, medical/dental expenses, Associated costs of caring for infirm family member, employment transportation costs, cost of fuel, food, telephone, utilities, taxes owed, credit cards/other loan payments and other similar basic costs of living. To determine whether Defendant is indigent, and so is entitled to court-appointed counsel on the first degree misdemeanor charges, Defendant is ordered to furnish the Court the following written documentation before or at the indigency status hearing: 1. Proof of cash on hand, including bank statements of all accounts in which Defendant has an interest. This includes banks statements of any corporate entity in which Defendant has an interest; 2. Evidence and valuation of any investment in which Defendant has an interest. This includes any corporate entity in which Defendant has an interest; 3. Defendants federal tax returns for years 2010 and 2009. This includes federal tax returns for any corporate entity in which Defendant has or had years 2010 and 2009; 4. Evidence of ownership, market value, and dollar amount of any encumbrance thereof (mortgage, lien etc.) with respect to all real property in which Defendant has an interest. This includes real property owned by any corporate entity in which Defendant has an interest; 5. Evidence of ownership, market value, and dollar amount of any encumbrance thereof (lien etc.) with respect to all motor vehicles and/or mechanized equipment in which Defendant has an interest. This includes motor vehicles and/or mechanized equipment owned by any corporate entity in which Defendant has an interest. Footnotes: 1. The Codified Ordinances of the City of Cleveland provide that each day during or on which an offense, violation, or noncompliance occurs or continues constitutes a separate offense. C.C.O. §367.99(a), 3103.99(a). 2. Although Defendant is alleged to have been out of compliance for a total of eighteen days, with each day constituting a separate offense and potentially subject to an additional one hundred eighty days of incarceration, the resulting number of days (9720) is far beyond what can be imposed for a misdemeanor case. Per R.C. 2929.41(B)(1), the maximum time Defendant could be subject to serve is eighteen months 3. $150 maximum fine per count multiplied by thirty-six counts equals a possible maximum fine of $5,400. 0.00 0.00    
04/22/2011 JOURNAL ENTRY NOTE: INDIGENCY HEARING 0.00 0.00    
04/22/2011 ON COURT'S OWN MOTION THIS MATTER IS CONTINUED. 0.00 0.00    
04/22/2011 HEARING SCHEDULED: Event: HOUSING JURY TRIAL Date: 04/28/2011 Time: 11:00 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B Result: CONTINUED AT COURT'S REQUEST - HOUSING 0.00 0.00    
04/22/2011 PRE-TRIAL HELD BY: MAG ROBERTS 0.00 0.00    
04/22/2011 ON COURT'S OWN MOTION THIS MATTER IS CONTINUED. 0.00 0.00    
04/18/2011 HEARING SCHEDULED: Event: HOUSING CRIMINAL PRE-TRIAL Date: 04/20/2011 Time: 10:00 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B Result: CONTINUED AT COURT'S REQUEST - HOUSING 0.00 0.00    
04/18/2011 CLERK ORDERED TO JOURNALIZE EXTENDED JOURNAL ENTRY The Court sets this case for final pre-trial conference on April 20, 2011 at 10:00AM on the 13th floor of the Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113. Parties to check in as the reception counter for the Housing Court. Defendant is ordered to appear. Defendant has the right to be represented by an attorney in this criminal case. He has indicated in his filings that he has contacted an attorney. As of the date of this judgment entry, no attorney has entered an appearance for Defendant. If Defendant chooses to be represented by an attorney, he must hire an attorney in time for that attorney to prepare for trial on April 28, 2011. Defendant would be wise to do so as soon as possible and certainly before the April 20, 2011 pre-trial. Though Defendant will have the right to hire an attorney afterward, an attorney he hired after the date of the final pre-trial would have less than five business days to prepare for trial. If Defendant appears for the April 20, 2011 pre-trial without an attorney, the Court will discuss with Defendant in detail the conduct of a criminal jury trial so that he can prepare to represent himself. The Court must balance its obligation to be fair to a defendant who does not have an attorney ¿ offering explanations of court procedures so that the defendant can be prepared for trial with the defendants obligation to learn, to follow and to be bound by the rules of criminal procedure and evidence. Defendant should be prepared to discuss the following issues in particular. 1. Defendants inability to have anyone other than himself or an attorney present his case or respond to objections or to procedural issues. 2. The necessity to prepare in writing proposed instructions to the jury and to review the Citys proposed instructions to the jury. Defendant has failed to prepare any proposed instructions. Defendant and the City should submit proposed jury instructions by end of business on April 19, 2011. 3. Defendants obligation to identify witnesses he may want to call in his defense and to arrange for their voluntary appearance or to issue subpoenas for them. Defendants filings have indicated that he may seek to present as part of his the conduct of persons other than the complaining inspector. Defendant should be aware that the City may object to testimony about, or from, persons whose conduct is not relevant to the charges against Defendant. 4. The specific nature of the charges brought against Defendant. There are five counts, each charging seventeen (18) days of failure to comply with a violation notice, from October 15, 2010 through November 1, 2010. They are: 1. Failure to comply with an order of the Department of Building and Housing, C.C.O. §3103.25(e), a first degree misdemeanor; 2. Failure to replace deteriorated osb, C.C.O. §3101.10(a), a first degree misdemeanor; 3. Failure to paint so that walls remain weathertight, C.C.O. §3101.10(c), a first degree misdemeanor; 4. Failure to keep property free of wrecked, dismantled, inoperative, discarded, unused or unlicensed motor vehicles, a minor misdemeanor; 5. Failure to keep property free of debris, C.C.O. §3101.10(e), a minor misdemeanor. 5. The role of the judge and jury in the case. The jury will decide Defendant¿s guilt or innocence on the first degree misdemeanor charges. If the jury finds Defendant guilty, the judge, not the jury, will decide on the sentence. The maximum sentence for the three first degree misdemeanors charges in this case is $54,000 and eighteen (18) months in jail. The judge will decide before trial whether he will decide Defendant¿s guilt or innocence on the two minor misdemeanor charges or whether he will submit the minor misdemeanors to the jury. The maximum sentence for the minor misdemeanor charges is $5400. The final pre-trial conference will give Defendant the opportunity to ask questions about these and other issues. The Court cautions Defendant that he will not have the same opportunity to learn about court procedure once the trial in this case begins. The Bailiffs are ordered to deliver a copy of this judgment entry to defendant, Angel Cuevas, at: 961 Jefferson, Cleveland, OH 44113. 0.00 0.00    
04/18/2011 ON COURT'S OWN MOTION THIS MATTER IS CONTINUED. 0.00 0.00    
04/13/2011 HEARING SCHEDULED: Event: HOUSING JURY TRIAL Date: 04/28/2011 Time: 11:00 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B Result: HRG CANCELLED - ADVANCED TO EARLIER DATE - HOUSING 0.00 0.00    
04/13/2011 CONTINUED AT DEFENDANTS REQUEST 10.00 0.00    
04/12/2011 HEARING SCHEDULED: Event: HOUSING CRIMINAL PRE-TRIAL Date: 04/13/2011 Time: 10:00 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B Result: CONTINUED AT DEFENDANT'S REQUEST - HOUSING 0.00 0.00    
04/12/2011 THE COUST SETS THIS CASE FOR FINAL PRE-TRIAL AND SETTLEMENT CONFERENCE APRIL 13, 2011 AT 10:00 AM ON THE THIRTEENTH FLOOR FO THE JUSTICE CENTER , 1200 ONTARIO STREET, CLEVELAND, OHIO 44113, PARTIES TO CHECK IN AT RECEPTION COUNTER FOR THE HOUSING COURT. DEFENDANT IS ORDERED TO APPEAR. IF DEFENDANT IS REPRESENTED AN ATTORNEY, THE ATTORNEY MUST APPEAR FOR THE PRE-TRIAL AND SETTLEMENT CONFERENCE. THE COURT SETS THIS CASE FOR TRIAL BY JURY APRIL 28, 2011, COUNSEL TO REPORT AT 11:00AM., VOIR DIRE TO BEGIN AT 1:30PM., THE TRIAL TO CONTINUE TO 9:00 A.M. ON APRIL 29, 2011. THE PARTIES MUST SUBMITT PROPOSED JURY INTSTRUCTIONS BY APRIL 12, 2011. 0.00 0.00    
04/04/2011 DEFENDANT'S WRITTEN DEMAND FOR A JURY TRIAL FILED WITH THE CLERK 0.00 0.00    
04/04/2011 MOTION FOR CONTINUANCE FILED. REQUEST FOR TRANSCRIPT 0.00 0.00    
03/31/2011 JOURNAL ENTRY NOTE: The Court grants Defendants motion for discovery in part. Defendant¿s motion is not timely under Criminal Rule 16(M). But the Court finds good cause to extend the time for its filing so that Defendant can review the following evidence before trial so long as the request is regulated as provided below based on the Courts power to regulate discovery under Criminal Rule 16(L). The Court orders the City to provide to Defendant the following listed evidence by April 1, 2011. Because of the lateness of Defendants request, the City may designate a reasonable time and place for Defendant to come and review the evidence with an opportunity to make photocopies. 1. Any photographs or documents or other evidence that the City intends to introduce at trial. 2. Any photographs of 961 Jefferson Avenue, Cleveland, Ohio that are in the possession of Inspector Francis Circenvcic of the Department of Building and Housing whether or not the City intends to use the photographs at trial. 3. Any documents in the possession of Inspector Circvencic or the Department of Building and Housing that concern the enforcement of code requirements at 961 Jefferson. 4. A witness list under Criminal Rule 16(I) of witnesses that the City intends to call in its case in chief or reasonably anticipates calling in rebuttal or surrebuttal. This order applies only to the City of Cleveland and documents that the City has in its possession because only the City of Cleveland is a party to this case. The order cannot be extended, as requested by Defendant, to parties other than the City of Cleveland such as Tremont West Development Corporation or its employees or Councilman Joe Cimperman or any other organization. Nor can the order require the City of Cleveland to obtain documents from those parties. 0.00 0.00    
03/31/2011 CLERK ORDERED TO JOURNALIZE EXTENDED JOURNAL ENTRY Defendant filed a motion to continue asking the Court to continue the trial set for April 5, 2011 to a date in June 2011. As grounds for the continuance, Defendant argues that he wishes to complete his appeal to the Board of Zoning of the Citys denial of a requested building permit. The City has charged Defendant will failing obey a Notice of Violations ordering him to maintain his property, specifically to replace deteriorated osb boards, to paint and to remove junk or unlicensed vehicles and debris. The Notice ordered the corrections by October 14, 2010. The City alleges that the corrections were not made by November 1, 2010. The trial set for April 5, 2011 is limited to those allegations. The Court often has before it defendants who understandably wish to correct building code violations, or make improvements to their property, before the date of trial. Such defendants usually have two motivations. First, they may wish to assert the correction of the violations as a defense to the charges. Second, they may wish to show the Court that they have corrected the violations so that the Court will impose a lesser sentence or suspend a greater portion of a sentence that it imposes. Neither of these motivations supports a motion to continue the date set for trial. The eventual correction of code violations is not a defense to the charge that an owner failed to make the corrections in a timely manner. As to eventual compliance, or building improvements, offered as mitigating factors in sentencing, the Court in almost all cases, on its own initiative, continues cases from the date of trial or change of plea so that the Defendant can provide evidence of compliance with code requirements or property improvements. Defendants motion is to continue the date for trial so that he can obtain a variance to make a property improvement, the installation of a fence. That improvement is not relevant to the issues to be heard at trial. If Defendant is found guilty after trial or a change of plea to no contest, the Court would continue the case to allow for correction of code violations and other building improvements such as the installation of a fence. The Court therefore denies Defendants motion to continue the date for trial. Defendant also asks for time to complete discovery. The Court has already granted Defendants motion for discovery and directed the City to provide Defendant discovery by April 1, 2011 so that he can prepare for trial. 0.00 0.00    
03/31/2011 MOTION FOR CONTINUANCE FILED. 0.00 0.00    
03/21/2011 MOTION FOR DISCOVERY FILED BY DEFENDANT 5.00 0.00    
03/15/2011 HEARING SCHEDULED: Event: HOUSING CRIMINAL BENCH TRIAL Date: 04/05/2011 Time: 9:00 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B 0.00 0.00    
03/15/2011 SUMMARY OF ACTIONS IN COURT: The following event: HOUSING SIP HEARING scheduled for 03/04/2011 at 11:00 am has been resulted as follows: Result: CONTINUED AT DEFENDANT'S REQUEST - HOUSING Events Added: HOUSING CRIMINAL BENCH TRIAL has been scheduled with PIANKA, RAYMOND L on 04/05/2011 from 9:00 am to 1:55 pm Event Notes: 0.00 0.00    
03/15/2011 CONTINUED AT DEFENDANTS REQUEST 10.00 0.00    
02/07/2011 HEARING SCHEDULED: Event: HOUSING SIP HEARING Date: 03/04/2011 Time: 11:00 am Judge: ADMINISTRATIVE - HOUSING Location: 13TH FLOOR COURTROOM B Result: CONTINUED AT DEFENDANT'S REQUEST - HOUSING 0.00 0.00    
02/07/2011 JOURNAL ENTRY NOTE: PRE-TRIAL HELD BY ROBERTS 0.00 0.00    
02/07/2011 CONTINUED AT DEFENDANTS REQUEST 10.00 0.00    
01/25/2011 HEARING SCHEDULED: Event: HOUSING COURT SUPERVISED PRE-TRIAL Date: 01/28/2011 Time: 10:00 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B 0.00 0.00    
01/25/2011 SUMMARY OF ACTIONS IN COURT: The following event: HOUSING COURT SUPERVISED PRE-TRIAL scheduled for 01/21/2011 at 9:30 am has been resulted as follows: Result: CONTINUED AT DEFENDANT'S REQUEST - HOUSING Events Added: HOUSING COURT SUPERVISED PRE-TRIAL has been scheduled with PIANKA, RAYMOND L on 01/28/2011 from 10:00 am to 10:25 am Event Notes: 0.00 0.00    
01/25/2011 CONTINUED AT DEFENDANTS REQUEST 1-28-2011 10.00 0.00    
01/06/2011 JOURNAL ENTRY NOTE: SITE VISIT-INSP, DEFT, COMM. ORP MEMBERS 1-19-11, 10:00AM 0.00 0.00    
01/04/2011 CASE ASSIGNED TO THE PERSONAL DOCKET OF: Participant(s): Judge RAYMOND L PIANKA 0.00 0.00    
01/04/2011 HEARING SCHEDULED: Event: HOUSING COURT SUPERVISED PRE-TRIAL Date: 01/21/2011 Time: 9:30 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B Result: CONTINUED AT DEFENDANT'S REQUEST - HOUSING 0.00 0.00    
01/04/2011 DEFENDANT, HAVING BEEN INFORMED OF HIS/HER CONSTITUTIONAL RIGHT TO A SPEEDY TRIAL WITHIN THE STATUTORY PERIOD OF (1) 90 DAYS FOR A MISDEMEANOR OF THE FIRST OR SECOND DEGREE, (2) 45 DAYS FOR A MISDEMEANOR OF THE THIRD OR FOURTH DEGREE, AND (3) 30 DAYS FOR A MINOR MISDEMEANOR, AS PRESCRIBED BY THE OHIO REVISED CODE SECTION 2945.71, THE DEFENDANT HAS ALSO BEEN ADVISED THAT FOR EACH DAY HE/SHE WAS/IS HELD IN JAIL IN LIEU OF BOND ON THE PENDING CHARGE COUNTS FOR THREE DAYS FOR THE PURPOSE OF SPEEDY TRIAL. HAVING BEEN SO ADVISED BY THE COURT THE DEFENDANT KNOWINGLY WAIVES SUCH STATUTORY AND CONSTITUTIONAL RIGHTS TO A SPEEDY TRIAL AND CONSENT TO A CONTINUANCE OF THE CASE BEYOND THE STATUTORY PERIOD. 0.00 0.00    
01/04/2011 CASE CONTINUED TO 1-21-2011 CSPT 0.00 0.00    
01/04/2011 DEFENDANT HAVING BEEN ADVISED OF HIS/HER RIGHTS, ENTERS A PLEA OF NOT GUILTY. Charge #1: BUILDING CODE VIOLATION 0.00 0.00    
12/15/2010 SUCCESSFUL SERVICE Method : (CR) CERTIFIED MAIL Issued : 12/02/2010 Service : HOUSING SUMMONS ORDERED ISSUED Served : 12/08/2010 Return : 12/15/2010 On : CUEVAS, ANGEL L Signed By : Reason : SUCCESSFUL - HOUSING Comment : Tracking #: 71603901984876060508 0.00 0.00    
12/02/2010 CERTIFIED MAIL ISSUED Issue Date: 12/02/2010 Service: HOUSING SUMMONS ORDERED ISSUED Method: (CR) CERTIFIED MAIL Cost Per: $ CUEVAS, ANGEL L 961 JEFFERSON AVE. CLEVELAND, OH 44113 Tracking No: 71603901984876060508 0.00 0.00    
12/02/2010 BY ORDER OF THE COURT, THE CLERK HAS ISSUED A HOUSING SUMMONS FOR THE DEFENDANT 10.00 0.00    
12/01/2010 BASIC COURT COSTS Charge #1: BUILDING CODE VIOLATION 85.00 0.00    
12/01/2010 COMPLAINT HAS BEEN RECEIVED AND IS HEREBY FILED Charge #1: BUILDING CODE VIOLATION 0.00 0.00    
12/01/2010 HEARING SCHEDULED: Event: (AJ) WEST - TUES Date: 01/04/2011 Time: 9:00 am Judge: ADMINISTRATIVE - HOUSING Location: 13TH FLOOR COURTROOM B Result: (AJ) PNG - TRANS TO OTHER JUDGE OR COURT - HOUSING 0.00 0.00    
01/01/1900 BACK FILED IMAGES   0.00    
         
 
               
 
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Search Results 57 Docket(s) found matching search criteria.
 
Docket Date Docket Text Amount Amount Due Images
05/04/2011 ON THE PROSECUTOR'S MOTION, THIS MATTER MARKED NOLLE PROSEQUI. DEFENDANT IS DISCHARGED ACCORDINGLY. Charge #1: BUILDING CODE VIOLATION 0.00 0.00    
05/02/2011 MOTION FILED BY DEFENDANT REQUEST FOR TRANSCRIPTS 5.00 0.00    
05/02/2011 DEFENDANT'S WRITTEN MOTION TO DISMISS FILED WITH THE CLERK BY SECOND 5.00 0.00    
05/02/2011 MOTION FILED BY DEFENDANT 5.00 0.00    
04/29/2011 HEARING SCHEDULED: Event: HOUSING CRIMINAL PRE-TRIAL Date: 05/02/2011 Time: 9:30 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B 0.00 0.00    
04/29/2011 JOURNAL ENTRY NOTE: DEFENDANT FOUND NOT GUILTY ON 2 MINOR MISDEMEANOR COUNTS LISTED ABOVE. 0.00 0.00    
04/29/2011 TRIAL HAD 0.00 0.00    
04/29/2011 CONTINUED AT DEFENDANTS REQUEST 5/2/11 10.00 0.00    
04/29/2011 DEFENDANT HAVING BEEN FOUND NOT GUILTY THE DEFENDANT IS HEREBY DISCHARGED AS TO THIS COUNT. Charge #1: BUILDING CODE VIOLATION 0.00 0.00    
04/28/2011 SET FOR JURY TRIAL 0.00 0.00    
04/28/2011 MOTION FOR DISMISS DENIED 0.00 0.00    
04/26/2011 CLERK ORDERED TO JOURNALIZE EXTENDED JOURNAL ENTRY Defendant filed a motion to dismiss April 26, 2011. The Court denies the motion for the following reasons. This Court can dismiss pending criminal actions short of trial only when a defendant raises a defense, objection, evidentiary issue, or request that is capable of determination without the trial of the general issue. Criminal Rule 12(C). Defendant argues in his motion that he is not guilty, offering evidence by affidavit. The question of a defendants guilt cannot be resolved by affidavit. It is the general issue that must be resolved by trial. Defendants motion to dismiss is denied. 0.00 0.00    
04/26/2011 DEFENDANT'S WRITTEN MOTION TO DISMISS FILED WITH THE CLERK BY 5.00 0.00    
04/22/2011 HEARING SCHEDULED: Event: HOUSING JURY TRIAL Date: 05/05/2011 Time: 11:00 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B Result: CONTINUED AT DEFENDANT'S REQUEST - HOUSING 0.00 0.00    
04/22/2011 ON COURT'S OWN MOTION THIS MATTER IS CONTINUED. 0.00 0.00    
04/22/2011 HEARING SCHEDULED: Event: HOUSING CRIMINAL BENCH TRIAL Date: 04/28/2011 Time: 1:30 pm Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B Result: CONTINUED AT COURT'S REQUEST - HOUSING 0.00 0.00    
04/22/2011 CLERK ORDERED TO JOURNALIZE EXTENDED JOURNAL ENTRY This case was scheduled for jury trial on April 28, 2011, 11:00 AM in Courtroom 13B. For the reasons set forth below, the scheduling in this case is modified, with the case proceeding to bench trial before Judge Raymond L. Pianka on the minor misdemeanor charges only on April 28, 2011 in Courtroom 13B. The time of the trial is changed to 1:30 p.m. The jury trial on the remaining charges is rescheduled below. In addition, an indigency hearing shall be held on April 28, 2011, immediately following the bench trial on the minor misdemeanors. Defendant is charged with violating the Citys Building Code. The specific charges are: 1. Failure to comply with an order of the Department of Building and Housing, (C.C.O. 3103.25(e)); 2. Failure to replace deteriorated OSB (C.C.O. 3101.10(a)); 3. Failure to paint so that wall remains weather tight (C.C.O. 3101.10(c)); 4. Failure to keep property free of wrecked, dismantled, inoperative, discarded, unused or unlicensed motor vehicles (C.C.O. 3101.10(e)); and 5. Failure to keep property free of debris (C.C.O. 3101.10(e)). The first three charges, above, are first-degree misdemeanors, each alleged to have recurred for a period of eighteen days and totaling fifty-four separate counts (Footnote 1).  For each count, Defendant faces a possible maximum fine of $1,000 and up to one hundred eighty days of incarceration.  Together, the fifty-four first-degree misdemeanor counts allow a potential maximum penalty of $54,000 in fines and eighteen months of incarceration (footnote 2).  For the two minor misdemeanors, also alleged to have recurred for a period of eighteen days and totaling thirty-six counts, the total possible maximum sentence is a $5400 fine (footnote 3). Defendant has informed a representative of the Court that he claims indigent status, entitling him to legal representation by court-appointed counsel. As the potential penalty for the minor misdemeanor charges does not include jail time, Defendant is not entitled to court-appointed counsel on those charges. See City of Cleveland v. Cohen, No. 53135, 1987 WL 15656, at *1 (8th Dist. Aug. 13, 1987) (A defendant is not entitled to court-appointed counsel when charged with a minor misdemeanor because the charge poses no possibility of imprisonment). In addition, Defendant is not entitled to a trial by jury on the minor misdemeanor charges. See City of Cleveland v. Hicks, 8th Dist. No. 89842, 2008-Ohio 1851 (The right to a jury trial does not apply to minor misdemeanors). Accordingly, the Court will conduct a bench trial on the two minor misdemeanors (charges 4 and 5 above) on April 28, 2011, 1:30 PM, Courtroom 13 B, before Judge Raymond L. Pianka. Jury trial on the three first degree misdemeanors (charges 1, 2 and 3 above) is rescheduled for May 5, 2011, 11:00 AM, Courtroom 13 B. The Court anticipates that no further continuances of this trial will be granted, as this matter has been the subject of at least four extensive pretrial conferences. Defendant has, himself, sought and obtained three continuances of the proceedings. Further, the issue of indigency is being raised at a very late hour, 107 days from original appearance, after multiple representations by Defendant that he intended to obtain legal private legal representation, and only 7 days in advance of the originally scheduled jury trial date. In addition to the trial on the minor misdemeanors, a hearing to determine Defendants eligibility for indigency status and qualification for legal representation by court-appointed counsel with respect to the first degree misdemeanor charges is scheduled immediately following the trial on minor misdemeanors, April 28, 2011, 1:30 PM, Courtroom 13B. In determining whether Defendant is indigent, the Court shall be guided by the Ohio Public Defender Commissions standards for determining indigency as set forth in Ohio Administrative Code 120-1-03, the basic criteria for which includes consideration of defendants financial status, including but not limited to: 1. Wages and earnings from employment, unemployment compensation, workers compensation, child support pension/social security compensation, Ohio works first/temporary assistance to needy families (TANF) program compensation, disability compensation, and all other similar forms of compensation/governmental assistance comprising household income; 2. Other financial assets, including but not limited to available cash reserves in savings and checking account, stocks, bonds, certificate of deposit, or other liquid assets; other similar ownership or entitlement to available financial resources with which the applicant might hire legal counsel; but excluding property necessary to maintain employment; 3. Consideration of the number and age of the applicants dependents; and 4. Consideration of basic living costs, including housing, rent and/or mortgage payments, child support actually paid, child care expenses (for employed applicants only), health insurance, medical/dental expenses, Associated costs of caring for infirm family member, employment transportation costs, cost of fuel, food, telephone, utilities, taxes owed, credit cards/other loan payments and other similar basic costs of living. To determine whether Defendant is indigent, and so is entitled to court-appointed counsel on the first degree misdemeanor charges, Defendant is ordered to furnish the Court the following written documentation before or at the indigency status hearing: 1. Proof of cash on hand, including bank statements of all accounts in which Defendant has an interest. This includes banks statements of any corporate entity in which Defendant has an interest; 2. Evidence and valuation of any investment in which Defendant has an interest. This includes any corporate entity in which Defendant has an interest; 3. Defendants federal tax returns for years 2010 and 2009. This includes federal tax returns for any corporate entity in which Defendant has or had years 2010 and 2009; 4. Evidence of ownership, market value, and dollar amount of any encumbrance thereof (mortgage, lien etc.) with respect to all real property in which Defendant has an interest. This includes real property owned by any corporate entity in which Defendant has an interest; 5. Evidence of ownership, market value, and dollar amount of any encumbrance thereof (lien etc.) with respect to all motor vehicles and/or mechanized equipment in which Defendant has an interest. This includes motor vehicles and/or mechanized equipment owned by any corporate entity in which Defendant has an interest. Footnotes: 1. The Codified Ordinances of the City of Cleveland provide that each day during or on which an offense, violation, or noncompliance occurs or continues constitutes a separate offense. C.C.O. §367.99(a), 3103.99(a). 2. Although Defendant is alleged to have been out of compliance for a total of eighteen days, with each day constituting a separate offense and potentially subject to an additional one hundred eighty days of incarceration, the resulting number of days (9720) is far beyond what can be imposed for a misdemeanor case. Per R.C. 2929.41(B)(1), the maximum time Defendant could be subject to serve is eighteen months 3. $150 maximum fine per count multiplied by thirty-six counts equals a possible maximum fine of $5,400. 0.00 0.00    
04/22/2011 JOURNAL ENTRY NOTE: INDIGENCY HEARING 0.00 0.00    
04/22/2011 ON COURT'S OWN MOTION THIS MATTER IS CONTINUED. 0.00 0.00    
04/22/2011 HEARING SCHEDULED: Event: HOUSING JURY TRIAL Date: 04/28/2011 Time: 11:00 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B Result: CONTINUED AT COURT'S REQUEST - HOUSING 0.00 0.00    
04/22/2011 PRE-TRIAL HELD BY: MAG ROBERTS 0.00 0.00    
04/22/2011 ON COURT'S OWN MOTION THIS MATTER IS CONTINUED. 0.00 0.00    
04/18/2011 HEARING SCHEDULED: Event: HOUSING CRIMINAL PRE-TRIAL Date: 04/20/2011 Time: 10:00 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B Result: CONTINUED AT COURT'S REQUEST - HOUSING 0.00 0.00    
04/18/2011 CLERK ORDERED TO JOURNALIZE EXTENDED JOURNAL ENTRY The Court sets this case for final pre-trial conference on April 20, 2011 at 10:00AM on the 13th floor of the Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113. Parties to check in as the reception counter for the Housing Court. Defendant is ordered to appear. Defendant has the right to be represented by an attorney in this criminal case. He has indicated in his filings that he has contacted an attorney. As of the date of this judgment entry, no attorney has entered an appearance for Defendant. If Defendant chooses to be represented by an attorney, he must hire an attorney in time for that attorney to prepare for trial on April 28, 2011. Defendant would be wise to do so as soon as possible and certainly before the April 20, 2011 pre-trial. Though Defendant will have the right to hire an attorney afterward, an attorney he hired after the date of the final pre-trial would have less than five business days to prepare for trial. If Defendant appears for the April 20, 2011 pre-trial without an attorney, the Court will discuss with Defendant in detail the conduct of a criminal jury trial so that he can prepare to represent himself. The Court must balance its obligation to be fair to a defendant who does not have an attorney ¿ offering explanations of court procedures so that the defendant can be prepared for trial with the defendants obligation to learn, to follow and to be bound by the rules of criminal procedure and evidence. Defendant should be prepared to discuss the following issues in particular. 1. Defendants inability to have anyone other than himself or an attorney present his case or respond to objections or to procedural issues. 2. The necessity to prepare in writing proposed instructions to the jury and to review the Citys proposed instructions to the jury. Defendant has failed to prepare any proposed instructions. Defendant and the City should submit proposed jury instructions by end of business on April 19, 2011. 3. Defendants obligation to identify witnesses he may want to call in his defense and to arrange for their voluntary appearance or to issue subpoenas for them. Defendants filings have indicated that he may seek to present as part of his the conduct of persons other than the complaining inspector. Defendant should be aware that the City may object to testimony about, or from, persons whose conduct is not relevant to the charges against Defendant. 4. The specific nature of the charges brought against Defendant. There are five counts, each charging seventeen (18) days of failure to comply with a violation notice, from October 15, 2010 through November 1, 2010. They are: 1. Failure to comply with an order of the Department of Building and Housing, C.C.O. §3103.25(e), a first degree misdemeanor; 2. Failure to replace deteriorated osb, C.C.O. §3101.10(a), a first degree misdemeanor; 3. Failure to paint so that walls remain weathertight, C.C.O. §3101.10(c), a first degree misdemeanor; 4. Failure to keep property free of wrecked, dismantled, inoperative, discarded, unused or unlicensed motor vehicles, a minor misdemeanor; 5. Failure to keep property free of debris, C.C.O. §3101.10(e), a minor misdemeanor. 5. The role of the judge and jury in the case. The jury will decide Defendant¿s guilt or innocence on the first degree misdemeanor charges. If the jury finds Defendant guilty, the judge, not the jury, will decide on the sentence. The maximum sentence for the three first degree misdemeanors charges in this case is $54,000 and eighteen (18) months in jail. The judge will decide before trial whether he will decide Defendant¿s guilt or innocence on the two minor misdemeanor charges or whether he will submit the minor misdemeanors to the jury. The maximum sentence for the minor misdemeanor charges is $5400. The final pre-trial conference will give Defendant the opportunity to ask questions about these and other issues. The Court cautions Defendant that he will not have the same opportunity to learn about court procedure once the trial in this case begins. The Bailiffs are ordered to deliver a copy of this judgment entry to defendant, Angel Cuevas, at: 961 Jefferson, Cleveland, OH 44113. 0.00 0.00    
04/18/2011 ON COURT'S OWN MOTION THIS MATTER IS CONTINUED. 0.00 0.00    
04/13/2011 HEARING SCHEDULED: Event: HOUSING JURY TRIAL Date: 04/28/2011 Time: 11:00 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B Result: HRG CANCELLED - ADVANCED TO EARLIER DATE - HOUSING 0.00 0.00    
04/13/2011 CONTINUED AT DEFENDANTS REQUEST 10.00 0.00    
04/12/2011 HEARING SCHEDULED: Event: HOUSING CRIMINAL PRE-TRIAL Date: 04/13/2011 Time: 10:00 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B Result: CONTINUED AT DEFENDANT'S REQUEST - HOUSING 0.00 0.00    
04/12/2011 THE COUST SETS THIS CASE FOR FINAL PRE-TRIAL AND SETTLEMENT CONFERENCE APRIL 13, 2011 AT 10:00 AM ON THE THIRTEENTH FLOOR FO THE JUSTICE CENTER , 1200 ONTARIO STREET, CLEVELAND, OHIO 44113, PARTIES TO CHECK IN AT RECEPTION COUNTER FOR THE HOUSING COURT. DEFENDANT IS ORDERED TO APPEAR. IF DEFENDANT IS REPRESENTED AN ATTORNEY, THE ATTORNEY MUST APPEAR FOR THE PRE-TRIAL AND SETTLEMENT CONFERENCE. THE COURT SETS THIS CASE FOR TRIAL BY JURY APRIL 28, 2011, COUNSEL TO REPORT AT 11:00AM., VOIR DIRE TO BEGIN AT 1:30PM., THE TRIAL TO CONTINUE TO 9:00 A.M. ON APRIL 29, 2011. THE PARTIES MUST SUBMITT PROPOSED JURY INTSTRUCTIONS BY APRIL 12, 2011. 0.00 0.00    
04/04/2011 DEFENDANT'S WRITTEN DEMAND FOR A JURY TRIAL FILED WITH THE CLERK 0.00 0.00    
04/04/2011 MOTION FOR CONTINUANCE FILED. REQUEST FOR TRANSCRIPT 0.00 0.00    
03/31/2011 JOURNAL ENTRY NOTE: The Court grants Defendants motion for discovery in part. Defendant¿s motion is not timely under Criminal Rule 16(M). But the Court finds good cause to extend the time for its filing so that Defendant can review the following evidence before trial so long as the request is regulated as provided below based on the Courts power to regulate discovery under Criminal Rule 16(L). The Court orders the City to provide to Defendant the following listed evidence by April 1, 2011. Because of the lateness of Defendants request, the City may designate a reasonable time and place for Defendant to come and review the evidence with an opportunity to make photocopies. 1. Any photographs or documents or other evidence that the City intends to introduce at trial. 2. Any photographs of 961 Jefferson Avenue, Cleveland, Ohio that are in the possession of Inspector Francis Circenvcic of the Department of Building and Housing whether or not the City intends to use the photographs at trial. 3. Any documents in the possession of Inspector Circvencic or the Department of Building and Housing that concern the enforcement of code requirements at 961 Jefferson. 4. A witness list under Criminal Rule 16(I) of witnesses that the City intends to call in its case in chief or reasonably anticipates calling in rebuttal or surrebuttal. This order applies only to the City of Cleveland and documents that the City has in its possession because only the City of Cleveland is a party to this case. The order cannot be extended, as requested by Defendant, to parties other than the City of Cleveland such as Tremont West Development Corporation or its employees or Councilman Joe Cimperman or any other organization. Nor can the order require the City of Cleveland to obtain documents from those parties. 0.00 0.00    
03/31/2011 CLERK ORDERED TO JOURNALIZE EXTENDED JOURNAL ENTRY Defendant filed a motion to continue asking the Court to continue the trial set for April 5, 2011 to a date in June 2011. As grounds for the continuance, Defendant argues that he wishes to complete his appeal to the Board of Zoning of the Citys denial of a requested building permit. The City has charged Defendant will failing obey a Notice of Violations ordering him to maintain his property, specifically to replace deteriorated osb boards, to paint and to remove junk or unlicensed vehicles and debris. The Notice ordered the corrections by October 14, 2010. The City alleges that the corrections were not made by November 1, 2010. The trial set for April 5, 2011 is limited to those allegations. The Court often has before it defendants who understandably wish to correct building code violations, or make improvements to their property, before the date of trial. Such defendants usually have two motivations. First, they may wish to assert the correction of the violations as a defense to the charges. Second, they may wish to show the Court that they have corrected the violations so that the Court will impose a lesser sentence or suspend a greater portion of a sentence that it imposes. Neither of these motivations supports a motion to continue the date set for trial. The eventual correction of code violations is not a defense to the charge that an owner failed to make the corrections in a timely manner. As to eventual compliance, or building improvements, offered as mitigating factors in sentencing, the Court in almost all cases, on its own initiative, continues cases from the date of trial or change of plea so that the Defendant can provide evidence of compliance with code requirements or property improvements. Defendants motion is to continue the date for trial so that he can obtain a variance to make a property improvement, the installation of a fence. That improvement is not relevant to the issues to be heard at trial. If Defendant is found guilty after trial or a change of plea to no contest, the Court would continue the case to allow for correction of code violations and other building improvements such as the installation of a fence. The Court therefore denies Defendants motion to continue the date for trial. Defendant also asks for time to complete discovery. The Court has already granted Defendants motion for discovery and directed the City to provide Defendant discovery by April 1, 2011 so that he can prepare for trial. 0.00 0.00    
03/31/2011 MOTION FOR CONTINUANCE FILED. 0.00 0.00    
03/21/2011 MOTION FOR DISCOVERY FILED BY DEFENDANT 5.00 0.00    
03/15/2011 HEARING SCHEDULED: Event: HOUSING CRIMINAL BENCH TRIAL Date: 04/05/2011 Time: 9:00 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B 0.00 0.00    
03/15/2011 SUMMARY OF ACTIONS IN COURT: The following event: HOUSING SIP HEARING scheduled for 03/04/2011 at 11:00 am has been resulted as follows: Result: CONTINUED AT DEFENDANT'S REQUEST - HOUSING Events Added: HOUSING CRIMINAL BENCH TRIAL has been scheduled with PIANKA, RAYMOND L on 04/05/2011 from 9:00 am to 1:55 pm Event Notes: 0.00 0.00    
03/15/2011 CONTINUED AT DEFENDANTS REQUEST 10.00 0.00    
02/07/2011 HEARING SCHEDULED: Event: HOUSING SIP HEARING Date: 03/04/2011 Time: 11:00 am Judge: ADMINISTRATIVE - HOUSING Location: 13TH FLOOR COURTROOM B Result: CONTINUED AT DEFENDANT'S REQUEST - HOUSING 0.00 0.00    
02/07/2011 JOURNAL ENTRY NOTE: PRE-TRIAL HELD BY ROBERTS 0.00 0.00    
02/07/2011 CONTINUED AT DEFENDANTS REQUEST 10.00 0.00    
01/25/2011 HEARING SCHEDULED: Event: HOUSING COURT SUPERVISED PRE-TRIAL Date: 01/28/2011 Time: 10:00 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B 0.00 0.00    
01/25/2011 SUMMARY OF ACTIONS IN COURT: The following event: HOUSING COURT SUPERVISED PRE-TRIAL scheduled for 01/21/2011 at 9:30 am has been resulted as follows: Result: CONTINUED AT DEFENDANT'S REQUEST - HOUSING Events Added: HOUSING COURT SUPERVISED PRE-TRIAL has been scheduled with PIANKA, RAYMOND L on 01/28/2011 from 10:00 am to 10:25 am Event Notes: 0.00 0.00    
01/25/2011 CONTINUED AT DEFENDANTS REQUEST 1-28-2011 10.00 0.00    
01/06/2011 JOURNAL ENTRY NOTE: SITE VISIT-INSP, DEFT, COMM. ORP MEMBERS 1-19-11, 10:00AM 0.00 0.00    
01/04/2011 CASE ASSIGNED TO THE PERSONAL DOCKET OF: Participant(s): Judge RAYMOND L PIANKA 0.00 0.00    
01/04/2011 HEARING SCHEDULED: Event: HOUSING COURT SUPERVISED PRE-TRIAL Date: 01/21/2011 Time: 9:30 am Judge: PIANKA, RAYMOND L Location: 13TH FLOOR COURTROOM B Result: CONTINUED AT DEFENDANT'S REQUEST - HOUSING 0.00 0.00    
01/04/2011 DEFENDANT, HAVING BEEN INFORMED OF HIS/HER CONSTITUTIONAL RIGHT TO A SPEEDY TRIAL WITHIN THE STATUTORY PERIOD OF (1) 90 DAYS FOR A MISDEMEANOR OF THE FIRST OR SECOND DEGREE, (2) 45 DAYS FOR A MISDEMEANOR OF THE THIRD OR FOURTH DEGREE, AND (3) 30 DAYS FOR A MINOR MISDEMEANOR, AS PRESCRIBED BY THE OHIO REVISED CODE SECTION 2945.71, THE DEFENDANT HAS ALSO BEEN ADVISED THAT FOR EACH DAY HE/SHE WAS/IS HELD IN JAIL IN LIEU OF BOND ON THE PENDING CHARGE COUNTS FOR THREE DAYS FOR THE PURPOSE OF SPEEDY TRIAL. HAVING BEEN SO ADVISED BY THE COURT THE DEFENDANT KNOWINGLY WAIVES SUCH STATUTORY AND CONSTITUTIONAL RIGHTS TO A SPEEDY TRIAL AND CONSENT TO A CONTINUANCE OF THE CASE BEYOND THE STATUTORY PERIOD. 0.00 0.00    
01/04/2011 CASE CONTINUED TO 1-21-2011 CSPT 0.00 0.00    
01/04/2011 DEFENDANT HAVING BEEN ADVISED OF HIS/HER RIGHTS, ENTERS A PLEA OF NOT GUILTY. Charge #1: BUILDING CODE VIOLATION 0.00 0.00    
12/15/2010 SUCCESSFUL SERVICE Method : (CR) CERTIFIED MAIL Issued : 12/02/2010 Service : HOUSING SUMMONS ORDERED ISSUED Served : 12/08/2010 Return : 12/15/2010 On : CUEVAS, ANGEL L Signed By : Reason : SUCCESSFUL - HOUSING Comment : Tracking #: 71603901984876060508 0.00 0.00    
12/02/2010 CERTIFIED MAIL ISSUED Issue Date: 12/02/2010 Service: HOUSING SUMMONS ORDERED ISSUED Method: (CR) CERTIFIED MAIL Cost Per: $ CUEVAS, ANGEL L 961 JEFFERSON AVE. CLEVELAND, OH 44113 Tracking No: 71603901984876060508 0.00 0.00    
12/02/2010 BY ORDER OF THE COURT, THE CLERK HAS ISSUED A HOUSING SUMMONS FOR THE DEFENDANT 10.00 0.00    
12/01/2010 BASIC COURT COSTS Charge #1: BUILDING CODE VIOLATION 85.00 0.00    
12/01/2010 COMPLAINT HAS BEEN RECEIVED AND IS HEREBY FILED Charge #1: BUILDING CODE VIOLATION 0.00 0.00    
12/01/2010 HEARING SCHEDULED: Event: (AJ) WEST - TUES Date: 01/04/2011 Time: 9:00 am Judge: ADMINISTRATIVE - HOUSING Location: 13TH FLOOR COURTROOM B Result: (AJ) PNG - TRANS TO OTHER JUDGE OR COURT - HOUSING 0.00 0.00    
01/01/1900 BACK FILED IMAGES   0.00    
         
 
               

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ANTI-SPECIESISM:
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How much money did the city waste on filing false charges?

Wonder how much it cost the city to harass a property owner?

My guess- considering the cost of the judge, magistrate, other court employees, clerk of courts employees, inspector, city prosecutor's office, Tremont West Development employees, Councilman Cimperman- is a minimum of $10,000, probably closer to $20,000.

The numerous court appearances, meetings, inspections also nearly cost the small business owner his business.

 

help - need a video free upload for 333mg video like youtube

help - need a video free upload for 333mg video like youtube

 

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