OHIO FIFTH DISTRICT COURT OF APPEALS
DOCKETING STATEMENT
WARNING:
A time-stamped copy of the judgment being appealed must attached to this Statement.
WARNING:
All requested information must be provided. Failure to file a fully completed docketing statement, typed or legibly printed, may result in this appeal being dismissed by the court, sua sponte.
___In the Matter of:___________ Appeal No.: __________________ ___Ian Neinast_________________ Trial Court No.: _2008-TR-510_____ Defendant-Appellant Trial Court Judge: _Steven O. Williams_
Plaintiff's Counsel: _Erin McLaughlin_ Phone No.: _(740) 653-4259_ Defendant's Counsel: _Ian Neinast (pro se)_ Phone No. _(614) 759-1601_ A. DATES: Of the judgment being appealed _Oct 20, 2008__ Of the filing of the Notice of Appeal _Nov 18, 2008__
B. PROBABLE ISSUES FOR REVIEW: (Including charges in criminal case)Two components of the imposed sentence, the essay and traffic court, are unlawful and void, since they are not listed in O.R.C. 2152.21 as lawful dispositions for juvenile traffic offenders. C. THIS APPEAL SHOULD BE ASSIGNED TO: (Check One) (See Loc. App. R. 6(B) and App. R. 11.2)
( ) The regular calendar,
( X ) The accelerated calendar, (See Loc. R. 6(B))
( ) The expedited calendar. (See Section F(3) on page two of this docketing statement and App. R. 11.2)
D. THE RECORD: This Docketing Statement will serve as a praecipe to the clerk to prepare and transfer the docket and journal entries.
Please Indicate the Type of Record to be Filed: (Check One).
( ) Docket and Journal Entries Only, no transcript of proceedings.
( ) ( ) Full or ( ) Partial Transcript has been prepared already. If partial, see App.R. 9(B)
( ) Statement of the record pursuant to App.R. 9(C).
( ) Agreed Statement of the Record pursuant to App.R. 9(D).
( X ) Transcript of Proceedings. ( X ) Less than or ( ) Greater than 100 pages.
( X ) Full or ( ) Partial transcript has been ordered. If partial, see App.R. 9(B).
WARNING: If a transcript of proceedings is needed, a copy of the notice of appeal and an appropriate praecipe must be served by Appellant on the court reporter. A copy of the praecipe to the court reporter shall be filed with this Court showing service of the notice of appeal and praecipe upon the court reporter.NAME OF COURT REPORTER, DATE SERVED Cheri J. Shaw, Praecipe served: 11/12/2008, Notice of Appeal: 11/18/2008
Please state with particularity which exhibits and/or evidence, other than paper exhibits or documentary evidence not of unusual bulk or weight, the parties request be transmitted as part of the record on appeal. (See APP.R. 10(B); Loc.App.R. 8(C))__none_____________________________________________________________________________________
__________________________________________________________________________________________
E. CRIMINAL CASE
1. CHARGE: _Operation of an Unsafe Vehicle, O.R.C. 4513.02_____________________________________________
2. DEGREE: ( X ) Misdemeanor ( ) Felony
3. Is this an appeal of probation revocation? ( ) Yes ( X ) No. If yes, what was the original charge and sentence?
____________________________________________________________________________________________________________
4. Is this an appeal of Post-Conviction Relief? (R.C. 2953.21) ( ) Yes ( X ) No. If yes, was a hearing held in the trial court?
( ) Yes ( ) No. What was the original charge and sentence? Note: Petition for Post-Conviction Relief is pending in the Trial Court, and may be added to this appeal if decided adversely to defendant. Charge was O.R.C. 4513.02; challenged sentence included Traffic School and writing an essay.
5. Type of Appeal: (Check One)
( X ) Appeal as of Right ( ) State’s Appeal as of Right (R.C. 2945.67(A))
( ) Appeal by Leave of Court (App.R. 5) ( ) State’s Appeal by Leave of Court
6. Is this an appeal for review of sentencing pursuant to R.C. 2953.08? ( ) Yes ( X ) No.
7. Was counsel appointed for trial? ( ) Yes ( X ) No.
8. Was counsel appointed for appeal? ( ) Yes ( X ) No.
9. Was a stay of sentence requested in trial court? ( X ) Yes ( ) No If yes, stay was: GRANTED DENIED PENDING
F. CIVIL CASE
1.ACTION BROUGHT IN LOWER COURT:______________________________________________________________________
___________________________________________________________________________________________________________
2. Did this action originate in a Trial Court or in an Administrative Agency? Indicate which.
( ) County Court ( ) Municipal Court ( ) Common Pleas Court ( ) Administrative Agency
( ) Probate Court ( ) Family Court ( ) Juvenile Court ( ) Other _____________
3. Must this case be expedited as being one of the following types: ( )Yes ( )No. If yes, check one of the following:
( ) Appeal under determination of local fiscal emergency brought by municipal corporation R.C. 118.04(C)
( ) Appeal brought by minor child under R.C. 2505.073
( ) Appeal involving matters of child custody, allocation of parental rights or responsibilities, or designation of a child’s place of residence and legal custodian under R.C. 3109.04(H) and R.C. 3109.06.
( ) Appeal from orders granting or denying (1) termination of parental rights or (2) adoption of a minor child.(See App. R. 11.2 effective July I, 2000) See Loc. R. 7
( ) Appeal from orders regarding dependent, abused, neglected, unruly, or delinquent children.
(See App. R. 11.2 effective July I, 2000) See Loc. R. 7
( ) Election contests as provided in R.C. 3515.08
4. Do you know of another case pending in this Court which raises the same issue(s)? ( ) Yes ( ) No. If yes, please cite case(s). ____________________________________________________________________________________________________________
5. Have you determined in good faith that the judgment appealed from is a final appealable order? (R.C. 2505.02)
( ) Yes ( ) No.
6. Did the judgment dispose of all claims by and against all parties? ( ) Yes ( ) No.
7. If not, is there an express determination that there is “no just reason for delay”? (Civ.R. 54(B)) ( ) Yes ( ) No.
8. Was a stay of judgment requested in trial court? ( ) Yes ( ) No If yes, stay was: GRANTED DENIED PENDING
CERTIFICATION
I certify that the information provided on this docketing statement is accurate.
/s/ Ian A. Neinast / Robert A. Neinast
Signature of Counsel (or Party if not represented by Counsel)
& Supreme Court Reg. No. ____________________
Amended Effective January 1, 2008