Avon Lake Municipal Court
Docket entry on criminal case number CRB 2400223

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Case Number: CRB 2400223
Defendant(s): Martin, Kevin
    05/08/2024
    • CASE WAS FILED WITH COURT
    • CRIMINAL COST FOR CASES ON & AFTER 10/16/09 $92.00
    • WARRANT WAS ISSUED FOR DEFENDANT FOR ARREST
    05/14/2024
    • NOTICE OF APPEARANCE FILED BY ATTORNEY WILLIAM MOONEY
    • TIME WAIVER FILED $5.00
    05/16/2024
    • WARRANT WAS RECALLED
    • CASE SET FOR A ARRAIGNMENT ON 05/16/2024 AT 9:30 AM
    • NOT GUILTY PLEA
    • VICTIM IS REQUESTING A NO CONTACT ORDER DURING THE
    • PENDENCY OF THIS CASE.
    • NO CONTACT ORDER ISSUED BY THIS COURT
    • BOND POSTING $5.00
    • BOND SET AT $1,000.00 PERSONAL AND TO COMPLY WITH NO
    • CONTACT ORDER ISSUED BY THE COURT
    • CASE SET FOR A PRE-TRIAL ON 06/13/2024 AT 9:00 AM
    • NO CONTACT ORDER ISSUED BY THE COURT
    • COPIES ISSUED TO DEF,AVON LAKE POLICE DEPT, VICTIM ADVOCATE
    • FOR VICTIM
    • DEFENDANT'S ADDRESS VERIFIED
    • PERSONAL BOND POSTED BY DEFENDANT AT ALPD
    • BCI DISPOSITION FORM RECEIVED FROM ARRESTING AGENCY.
    • BOND POSTING $5.00
    06/13/2024
    • CASE SET FOR A PRE-TRIAL ON 07/17/2024 AT 9:30 AM
    • DEFENDANT'S ADDRESS VERIFIED IN COURTROOM BY ATTY
    • CONTINUANCE $10.00
    • TIME WAIVER FILED $5.00
    • CERTIFICATE OF ASSIGNMENT - JUDGE JEFFREY L. DEAN
    07/17/2024
    • CASE SET FOR A FINAL PRE-TRIAL ON 08/15/2024 AT 9:15 AM
    07/29/2024
    • JURY DEMAND $10.00
    08/01/2024
    • CASE SET FOR A CALL UP ON 08/22/2024 AT
    • CASE SET FOR A JURY TRIAL ON 09/27/2024 AT 8:30 AM
    08/15/2024
    • CASE SET FOR A FINAL PRE-TRIAL ON 08/21/2024 AT 9:15 AM
    • DEFENDANT'S ADDRESS VERIFIED IN COURTROOM (SRD)
    08/21/2024
    • CASE SET FOR A JURY TRIAL ON 09/27/2024 AT 8:30 AM
    08/26/2024
    • JURY SUMMONS $50.00
    • BAILIFF HEREBY ORDERED TO DRAW ,IN THE PRESENCE OF THE
    • CLERK, 50 BALLOTS FROM THE JURY CONTAINER FOR THE JURY TRIAL
    • SET FOR 9/27/24 @ 8:30 AM
    • I HEREBY CERTIFY THAT THE FOREGOING BALLOTS WERE DRAWN BY
    • SCOTT FISHBURN BAILIFF IN ACCORDANCE WITH COURT RULES, IN MY
    • PRESENCE. KATHLEEN A. NOVOTNY, CLERK OF COURTS
    09/11/2024
    • SUBPOENA FEE $10.00
    • BAILIFF FEES $14.02
    09/16/2024
    • NOTICE OF INTENT TO USE "OTHER ACTS EVIDENCE" PURSUANT TO
    • OHIO RULES OF EVIDENCE 404(B)
    09/19/2024
    • NOTICE OF SELF DEFENSE FILED
    09/25/2024
    • SUBPOENA FEE $10.00
    • JOURNAL ENTRY
    • CHARGE AMENDED AT THE REQUEST OF THE PROSECUTOR
    • CASE SET FOR A BENCH TRIAL ON 09/27/2024 AT 8:30 AM
    • BAILIFF FEES $14.02
    09/26/2024
    • JURY CALL-OFF $50.00
    10/21/2024
    • TRANSCRIPT $25.00
    • PAYMENT - RECEIPT NO. 2402570 IN THE AMOUNT OF $ 25.00
    10/25/2024
    • FINE AND COSTS SUSPENDED $280.04
    • DEF. PLED CT-NOT G, FOUND R, FINE .00, SUSP .00
    • COSTS 280.04, SUSP 280.04
    • SPECIAL CONDITIONS:
    • ON 9/27/24, CASE CALLED FOR BENCH TRIAL. PROS.DEVER
    • APPEARED ON BEHALF OF THE STATE, ATTY MOONEY APPEARED ON
    • BEHALF OF DEFENDANT. DEF.MOVED THE COURT FOR CRIMINAL RULE
    • 29 DISMISSAL AT THE CONCLUSION OF STATE'S CASES. MOTION
    • DEFENDANT WAS FOUND NOT GUILTY
    • DENIED. UPON CONDSIDERATION OF ALL OF THE EVIDENCE
    • PRESENTED,THE COURT ISSUED A DECISION ON THE RECORD.
    • DEFENDANT WAS FOUND NOT GUILTY. IT IS SO ORDERED.
    • (FULL ENTRY AVAILABLE AT CLERK'S OFFICE)
    11/11/2024
    • ON 10/25/24 THE COURT ISSUED A JUDGMENT ENTRY ITS DECISION
    • TO FIND DEF NOT GUILTY IN OPEN COURT. IN THAT ENTRY THE
    • COURT STATED "THE STATE FAILED TO OFFER EVIDENCE THAT THIS
    • EVENT OCCURED WITHIN THE JURISDICTION OF THE COURT." UPON
    • FURTHER CONSIDERATION, THE COURT DECIEDED THAT THERE WAS
    • SUFFICIENT CIRCUMSTANTIAL EVIDENCE PRESENTED AT TRIAL TO
    • SUBSTANTIATE A FINDING THAT THE EVENT OCCURED IN THE CITY
    • OF AVON LAKE, WHICH IS WITHIN JURISDICTION OF THE COURT.
    • THUS, THE COURT CORRECTS ITS ORIGINAL DECISION AND ENTRY.
    • THE COURT REDACTS FROM THE JOURNAL ENTRY DATED 10/25/24 ITS
    • ORIGINAL FINDING THAT THE STATE DID ESTABLISH THE ELEMENT
    • THAT THE ALLEGED CRIME OCCURED IN THE CITY OF AVON LAKE.
    • THE DECISION THAT THE STATE FAILED TO MEET ONE OF THE
    • ELEMENTS OF THE CRIME STANDS, AS DOES ITS DECISION TO FIND
    • THE DEF NOT GUILTY OF THE OFFENSE. IT IS SO ORDERED.