In the Matter of:
Case No. TR20080510
MOTION TO WAIVE PAYMENT OF ADDITIONAL COSTS
Now comes the defendant, Ian Neinast, and respectfully moves the Court to waive the costs associated with the entry ordering a trial on October 27, 2008, since that entry was a result of this Courtís misunderstanding.
In response to Ianís Objection to the Magistrateís Order, filed September 22, 2008, the Court issued an entry, on October 3, 2008, stating that the ďCourt permits Ian to withdraw his plea and try the case.Ē On October 9, 2008, the Court issued a Notice of Hearing scheduling a new trial, set for October 27.
Nowhere in Ianís Objection was there any mention of withdrawing his plea. In fact, the Objection was quite clear that it was requesting a review of the sentence imposed. In the Introduction, it quite clearly stated:
Ian Neinast hereby objects to the Magistrate's order regarding the sentence imposed for operation of an unsafe vehicle. The sentence was imposed on the Magistrate's belief that Ian was guilty of an assured clear distance violation even though Ian admitted only to the operation of an unsafe vehicle. Furthermore, the sentence does not comport with the purposes of disposition for juvenile traffic offenders.
The Conclusion was equally clear:
The sentence should be reduced to one appropriate to the purposes of disposition for juvenile traffic offenders.
However, as a result of the new Notice of Hearing, the prosecutorís office started issuing subpoenas for the new trial that Ian never requested nor anticipated, and that, in the end, was never held. As a result, Ian received a statement of Total Cost Due on All Costs for All Parties, dated November 5, 2008 (copy attached) reflecting the costs of those additional subpoenas.* This is patently unfair. Any additional costs were the result of this Courtís misunderstanding, and thus, in the interest of justice, should not be attributed to Ian.
Hence, Ian respectfully requests that this Court waive the costs of those subpoenas, and order the clerk to remove them from Ianís statement of costs. A proposed entry to that effect is attached.
/s/ Ian A. Neinast
Ian A. Neinast
/s/ Robert A. Neinast
Robert A. Neinast (father)
8617 Ashford Lane
Pickerington, OH 43147
Phone: (614) 759-1601
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Motion to Waive Payment of Additional Costs was served, by hand delivery to the Prosecutorís office, upon Erin R. McLaughlin, Assistant Prosecutor, Fairfield County Prosecutorís Office, 201 S. Broad Street, Lancaster, OH, on November 10, 2008.
/s/ Robert A. Neinast
Robert A. Neinast
* One of those subpoenas was issued by Ianís father on Ianís behalf in case the Court forced Ian to have a new trial against his wishes. It would have been irresponsible for Ian and his father not to have prepared for that possibility. [Back]