Counsel for Respondents Counsel for Relators KCarpenter ... CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and accurate copy of the foregoing Motion to Dismiss

p t9

IN THE SUPREME COURT OF OHIO

State of Ohio ex rel. Woodrow Fox,

et al.Relators

V.

Gary Walters, et al.,

Respondant

CASE NO. 13-0364

Original Action in Mandamus

MOTION TO DISMISS ON BEHALF OF RESPONDENT JUDGE THOMASMARCELAIN

^--

,CLERK U^^^^^^

^^^^ERE C5^^RT OF OHIO

Amy Brown Thompson, Reg. # 0070511Counsel of RecordKenneth Oswalt, Reg # 0037208Licking County Prosecutor20 South Second Street, 4th FloorNewark, Ohio 43055Phone: (740) 670-5255Fax: (740) 670-5241

[email protected]

^Kendra Carpenter, Reg # 0074219Sprankle Carpenter, LLCP.O. Box 14293Columbus, OH 43214Phone and Fax: (614) [email protected]

Counsel for Respondents Counsel for Relators

MOTION TO DISMISS

Now comes the Respondent, by and through counsel, and hereby moves this Court to

dismiss Respondent Judge Marcelain, pursuant to Civ. R. 12(B)(6), as a party from the Relator's

Complaint foN Mandamus (hereinafter simply "Complaint") filed on March 4, 2013 as the facts

do not support Relator's claim for relief. When evaluating whether a motion to dismiss filed

under Civ.R. 12(B)(6) should be granted, the trial court must assume all factual allegations are

true and make all reasonable inferences in favor of the non-moving party. Jackson v. Ohio Bur. of

Workers' Comp., 98 Ohio App.3d 579 (1994). In this case, Respondent Marcelain not only did

not set any of the bonds in any of the cases referenced by the Relator's affidavit, he cannot recall

ever ordering the Licking County Clerk of Courts to reject a surety bond if it is posted on a 10%

cash deposit bond. As that issue is the crux of the Relator's Complaint, it is only appropriate to

dismiss Judge Marcelain as a party from this action.

Standard for Mandamus Relief

Mandamus actions are controlled by Chapter 2731 of the Ohio Revised Code.

"Mandamus is a writ, issued in the name of the state to an inferior tribunal, a corporation, board,

or person, commanding the performance of an act which the law specially enjoins as a duty

resulting from an office, trust, or station." R.C. § 2731.01. "Application for [a] writ of

mandamus must be by petition, in the name of the state on the relation of the person applying,

and verified by affidavit." R.C. § 2731.04. Moreover, the Rules of Civil Procedure are generally

applicable in original actions for extraordinary writs. See, e.g., State ex rel. Ahmed v. Costine, 99

Ohio St.3d 212, 2003-Ohio-3080, ¶ 5, fn. 1.

In order for a court to grant a writ of mandamus, the Relator must satisfy all three of the

following:

2

1) that he/she has a clear legal right to relief prayed for; and

2) that the Respondent is under clear legal duty to perform acts; and

3) that he has no plain and adequate remedy in the ordinary course of law.

See, State ex Nel. McGrath v. Ohio Adult Parole Authority, 2003 WL 1901344 (Ohio App. 8t"

Dist.) citing State ex rel. National City Bank v. Board of Education, (1977) 52 Ohio St.

2d 81, 369 N.E. 2d 1200.

As a writ for mandamus is an "extraordinary relief', the Relator must prove that he is

entitled to said writ through "clear and convincing evidence." State ex rel. Doner v. Zody

(2011), 130 Ohio St.3d 446, 958 N.E.2d 1235. To satisfy this burden, a Relator "must submit

facts and produce proof that is plain, clear, and convincing" before a writ of mandamus can be

granted. State ex rel. Pressley v. Indus. Comm. (1967), 11 Ohio St.2d 141, 161, 228 N.E. 2d 631.

Courts will only issue a writ of mandamus when the respondent had a clear duty to act

and has failed to do so. State ex rel. Van Harlingen v. Bd of Education of Mad River Twp. Rural

School District (1922), 104 Ohio St. 360; City of Wapakoneta v. Helpling (1939), 135 Ohio St.

98. Mandamus is considered a remedial remedy and not a preventive one. Fisher v. Damm, 36

Ohio App. 515 (1930).

Argument

Here, the Relator has failed to show that Respondent Marcelain committed the act that he

is seeking to enjoin. Relator alleges in his Complaint that the Licking County Common Plea

Court regularly sets "monetary bail" pursuant to Crim.R. 46(A)(2) and rejects the posting of a

surety bond to satisfy this type of bail. See Paragraphs 14-15 of the Relator's Complaint. The

Relator further alleges that the Licking County Common Pleas Court judges are setting bail

pursuant to Crim. 46(A)(2) and then "improperly directing" Respondent Walters to reject a

surety bond when posted to satisfy. See Paragraphs 15 & 20 of the Relator's Complaint.

3

In response to the Relator's Complaint, Respondent Marcelain reviewed the six cases

cited in support for the Writ of Mandamus: State of Ohio v. Jenny Markle, 2012 CR 404; State

of Ohio v. Melissa Canterbury, 2011 CR 73; State of Ohio v. Sara Caw, 2012 CR 106; State of

Ohio v. Abigail Hunt, 2012 CR 396; State of Ohio v. Brittani Hill, 2012 CR 439; and State of

Ohio v. Ralph Lawyer, 2012 CR 358. See attached Affidavit of Judge Marcelain. Of the six

cases cited in support of Relator's Complaint, only two were assigned to Judge Marcelain-Hill

and Lawyer. Id. As to these two cases, Judge Marcelain did not set bond on either case. Id.

Judge Marcelain further avers in his affidavit that he cannot recall ever setting a "10% Bond"

and instructing the clerk to reject a surety bond in lieu of cash. Id.

Respondent is not conceding that it has been improper for the other Respondents to reject

surety bonds when a 10% Bond is set and relies on the Motion to Dismiss filed on behalf

Respondents Branstool and Walters in support of that position. However, as Relator failed to

cite to a single case where Respondent Marcelain has specifically committed the act in question

and Respondent Marcelain has no specific recollection of ever committing said act, Respondent

Mareelain is not an appropriate party to this action.

Conclusion

For all the foregoing reasons, the Respondent respectfully requests that Respondent Judge

Thomas Marcelain be dismissed as a party from this action.

Respectfully submitted,

KENNETH W. OSWALICK G COUN Y ROSE^UTOR

Byjn-, Bro ^m Thompson, Reg, # 0070511^lssista Prosecuting Attorney

4

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and accurate copy of the foregoing Motion toDismiss on behalf of Respondent Marcelain has been served on the following party by regularU.S. Mail, postage pre-paid, this 28th day of March, 2013:

Kendra CarpenterSprankle Carpenter, LLCCounsel for RelatorP.O. Box 14293Columbus, OH 43214

SECUTOR

. # 0070511secuting Attorney

KENNETH W. OSWALT

IN THE SUPREME COURT OF OHIO

State of Ohio ex rel. Woodrow Fox,

et al.Relators

CASE NO. 13-0364

•V.

Gary Walters, et al., . AFFIDAVIT OF JUDGE MARCELAIN

Respondent •

Judge Thomas Marcelain, being first duly cautioned and sworn, states as follows:

1. Affiant states that he is an elected Licking County Common Pleas Court Judge.

Affiant states that he has been named a party to the above referenced action.

PROSECUTING ATTORNEY

KENNETH W. OSWALT

20 SOUTH SECOND ST.NEWARK, OH 43055

FELONY AND CIVILDIVISIONS670-5255

JUVENILE COURT

DIVISION670-5264

TAX FORECLOSURES670-5021

3. Affiant states that upon receiving notice of the cases cited by the relator in the "Affidavitof Nevin P. Keim" that he reviewed the judgment entries setting bonds on those cases.

4. Affiant states that the following cases were not assigned to his docket: State of Ohio v.

Jenny Markle, 2012 CR 404; State of Ohio v. Melissa Canterbury, 2011 CR 73; State of Ohio v.

Sara Caw, 2012 CR 106; State of Ohio v. Abigail Hunt, 2012 CR 396.

5. Affiant further states that he did not set bond on any of the cases referenced in Paragraph

4. Please see attached hereto as Exhibits "A" - "D" certified copies of judgment entries setting

bond.

6. Affiant states that the following cases were assigned to him: State of Ohio v. Brittani Hill,

2012 CR 439 and State of Ohio v. Ralph Lawyer, 2012 CR 358.

7. Affiant further states that while the cases referenced in Paragraph 6 were assigned to hisdocket, he did not set bond on either of those cases. Please see attached hereto as Exhibits "E"and "F", certified copies of judgment entries setting bond on those cases.

8. Affiant states that no party ever petitioned him to modify the bond set in either Brittani

Hill or Ralph Lawyer.

9. Affiant further states that to the best of his knowledge, during his tenure as a LickingCounty Common Pleas Court judge that he cannot recall ever setting a 10% appearance bondonly under Ohio Crim. 46(A)(2) and instructing the Licking County Clerk of Courts to reject a

surety bond if it was tendered to comply.

FAX 670-5241

10. As the affiant has no involvement with any of the cases cited to support relator'scomplaint for mandamus, affiant requests to be dismissed from the above captioned lawsuit.

FURTHER AFFIANT SAYETH NOT.

u weJudge Thomas Marcelain

Sworn before me and subscribed in my presence on this day, of March, 2013.

Notary PublicMy Commission expires ^^rR l^? ^ U j 7

L►SA M. PORTERNotary Public, State of 0hio

My Commission Expires08-17-2017

PROSECUTING ATTORNEY

KENNETH W. OSWALT

20 SOUTH SECOND ST.NEWARK, OH 43055

FELONY AND CIVILDIVISIONS

670-5255

JUVENILE COURT

DIVISION670-5264

TAX FORECLOSURES670-5021

FAX 670-5241

IN THE LICKING COUNTY COMMON P

State of Ohio ;ti

Plaintiff,^'^ ]^•1^^`+'" a

-vs- ^^G 2, p 3: O.i11

DefendarttCAITRY ^

Case No.

The Defendant appeared for his/her initial appearance on ^Ohio was represented by the LicWi {^p t counsel)Secutor's Office. The Dei

) (

The Defendant acknowledged receiving a copy of the indictment. '

indictment was read to the Defendant,Defendant of h slhere ights under CefmnR. 51QFurther, the Court advised the ^`^^I

This case is continued for Arraignment on Ohio43055.County Common Pleas Court, 1 Courthouse Square, Newark,

Pursuant to Crim. R. 46, the Defendant shall be released on the fol

COURTJ,.^^^S IS

kt,IC^ NG COUN'.M Y,

c.2 `t : R27. Z013ED e, p u ty.^u^'U.Y.^^..a.^

^^^ ,,°'^ . 3y,is^^r'c.'•̂^i^'̂ ' ^

.Cierk 61 ^,^o^.^rts

20 The State ofant appeared ([] with counsel,

accordance with Crim. R. 10, theaived a reading of the indictment.

20/z-at 8:30 am, at the Licking

bond(s) and conditions:

T e and Amount of BailI., to be posted as fa lows:

[] Bond 's set in the amount of $ _ under Crim. R.CriThe personal recognizan ebail dbondn n r t emam untA)of )$

[J The execution of an unsecuredThe accused or bond depositor

46(A)(1). earance bond in the amount of $[] The execution of an app

L

deposit 10% of the full amount of bond direct lydeh i

cai

ndgwillo owe t lerbalance on thef

mayu I

breach, the accused/depositor will forfeit the amountamount of bond. Upon compliance, 90% of the

amount deposited hall be returned to the defen an b

the bond depositor. Crim. R. 46(A)(2).under Crim. R.

secuThe execution of a surety bond, a bond sy in the

esta mount ofri$er allowe d

fnaw, or the deposit of cash, at the option of the Defendant

46(A)(3). osted).[] Bond is continued as previously (q set)(qP

ll. Conditl[J The Defendant shall have no contact, directly or indirectly, with the

The Defendant shall abstain from the consumption of aicohol ortestingq prescription

h al dl rimmed iatelyeport Adult Court Servicesl mm diately followir

^ Defendant s port lete Drug^Alcohol Eval. q Complel^' Defendant shall: - ^ m̂p

q

it is so ordered. v►1Judge W. David Branstool

Copies: pefense Counsel qE] Licking County Prosecutor q

Ilowing individuals:

nv controlled substance without a

court or upon release.Mental Health Eval.

efendant served in Court

Exti^rsi i \

^:^^ 1s, ^,7

Q^T^&„pc

^^ -^:. . .. ^^ S c• -, p°r. "

In the Court of Comuron VYea!^ , Kcckiug clour^tp,^^ a C

.., T e^^E

State of Ohio, ^

Plaintiff, ^ 3= 31 CFerk of^^U^^Case No. 1 ^ - ^`

vs.

y a TFRSJUDGMENT ENTRY

Defendant. INITlAt APPEARANGE

3lu0qesbomag ;ffl. Olarce[ain

740-670-5777

3JuDaew. mabia joranotoot

740-670-5770

Courttjou0eAQmar[t, (03t) 43055

^ day of N1G^-f- 20 I 1 , came the State of Ohio throOn the

The Licking County Prosecutor's Office, and also came the Defendant, personally, and with / it hout

legal counsel, and this matter came on for initial appearance hearing.

qAt the hearing, the Defendant requested the proceedings constitute as his/her arraignment. TheDefendant waived a reading of, or in the alternative was read the indictment, and entered a plea(s)of Not Guilty to the charge(s) contained in the indictment. The Court accepted the plea(s).

t--.^he Defendant is to appear for Arraignment on at 8:30 a.m, at the

Licking County Justice Center.

Defendantis appearing pursuant to the summons issued in the above referenced matter.

For appearance of Defendant, the Court:

^ Sets bond at $5,000 own recognizance reporting.

q Sets bond at cash or surety.

q Continues bond as set / posted through Municipal Court.

q Other

With the added conditions:

'A The Defendant shall report in person to the Adult Court Services Department, immediately

following Arraignment and/or upon the posting of bond, and as they shall suggest.

>^he Defendantshall not consume, or have in his possession, any alcohol or drugs, and

shall submit to random urinalysis and breathalyzer testing.

q The Defendant shall submit to a LAPPaluation-r ' ^g^^^

ha^efen a>r t shall h^Vo contac ith^r directl direc with ^M ic (s

qq

91detenaanik5,^,, ---------in/thi-&rPr6ter r with aQy pThe Defendant shall not possess or have in his possession any firearm(s) and I or weapons.

Other

cc: Licking County Prosecutor's OfficeAdult Court Services Departmentq Defense Counsel:

)k Defendant Served in Court

--^-...

Magistrate Mattie KleinLicking County Common Pleas Court

Judge ^^Licking County Common Pleas Court

93 EXHIBIT Je_oz-oe/oa^

^

Jud6eI9iom" M. Mercelain

740-670-5777

Judge

W. Fiavid &anstool

740-670-5770

CourthonreNewak, OH, 49055

IN HE

State f Ohio,

vs.

For

With

cc:

COURT OF^hV"ffT1PLEAS, I1ICK.ING COUNTY, OHIOLICKING CO. OHIO

2012 M^ 21 AN 8: 03PiainpRY R. WALTERS

CLERKCase No. 1 2- - c-9 "t 0('0

VJ

Defendant.MAGiSTRATE'S ORDERINITlAL APPEARANCE

^^,.*..**.,.,► .«^*«,.w.,**.«*.*„.^«.«..,^*^^*«..****.. «*.

On the 20th day of March , 2012, came the State of Ohio throu h the Licking County

utor's Office, and also came the Defendant, personally, and wi / with ut legal counsel, and this

came on for an initiai appearance.At the hearing, the Defendant requested the proceedings constitute as his/her arraignment. TheDefendant waived a reading of, or in the aitemative was read the indictment, and entered aplea(s) of Not Guilty to the charge(s) contained in the indictment. The Court accepted the plea(s).

The Defendant is to appear for Arraignment on 3 1 27 / 12 at 8:30 a.m. at the Licking CountyCourthouse, Courtroom 4, 1 Courthouse Square, Newark, Ohio 43055. If you are incarcerated atthe time of the hearing, appearance wiii be by video.

Defendant is appearing pursuant to the summons issued in the above referenced matter.

of Defendant and pursuant to Crim. R. 46, the Court:

Sets bond at $5,000 own recognizance reporting.Sets bond at appearance or 10%.Sets bond at cash or surety.Continues bond as set / posted through Municipal Court.Other

added conditions:

The Defendant shall report in person to the Adult Court Services Department, immediatelyfollowing Arraignment and/or upon the posting of bond, and as they shall suggest.The Defendant shall not consume, or have in his possession, any alcohol or drugs, and shallsubmit to random urinafysis and breathalyzer testing.The Defendant shall submit to a LAPP evaluation.The Defendant shail have, no contact, either directly or indirectly, with the alleged victim(s) in thismatter and/or with any co-defendant(s).The Defendant shall not possess or have in his possession any firearm(s) and/or weapon(s).

Other

aA..

Licking CounV Prosecutor's OfficeAdult Court Services Department ca&,^^^oN P'Ea^^N' COLTI-11"Tq Defense Counsel: ^^^^ -lNa Y^ 0'fflo

Defendant Served Court

^ 2- 013EXHIBIT

^^qputl^-

C

^^urts

g

IN THE LICKING COUNTY COMMON PLEAS COURT

State of Ohio

Plaintiff,

-vs-. ^

TRi^ .ad Cr ^:^ ^e rL OW

^^s COrs`c

Case No. ,

^p^^ JUL 31

Defendant. t 1l ^:^^ _ LiAt 1 ^Ca

JUDGMENT ENfk1I' BWITIAL APPEARANCE

The Defendant appeared for his/her initial appearance on 7 The State of

Ohio was represented by the Licki County Prosecutor's Office. The Defendant appeared ( q with counsel,

) ( ithout counsel).

The Defendant acknowledged receiving a copy of the indictment. In accordance with Crim. R. 10, theindictment was read to the Defendant, or in the alternative, the Defendant waived a reading of the indictment.Further, the Court advised the Defendant of his/her rights under Crim. R. 5(A).

This case is continued for Arraignment on 7 , 20/z', at 8:30 am, at the Licking

County Justice Center, 155 E. Main Street, Newark, Ohio 43055.

Pursuant to Crim. R. 46, the Defendant shall be released on the following bond(s) and conditions:

Type and Amount of Bail

D---^Bond is set in the amount of $ -Z S . 41710• W, to be posted as follows:

q The personal recognizance of the Defendant, under Crim. R. 46(A)(1).q The execution of an unsecured bail bond in the amount of $ , under Crim. R.

`execution of an appearance bond in the amount of $^drk?,^'he accused or bond depositor91`1^hemay deposit 10% of the full amount of bond directly with the Licking County Clerk of Courts. Uponbreach, the accused/depositor will forfeit the amount deposited and will owe the balance on the fullamount of bond. Upon compliance, 90% of the amount deposited shall be returned to the defendant or

the b nd depositor. Crim. R. 46(A)(2).[ The ex

osftiof cash, at the option of the Defendant, i nreal

the stamount ofr'$e/^,una l lowed

law, or the dep der Crim. R.46(A)(3).

q Bond is continued as previously (q set)(qposted).

II. Conditions

2----`Th fenda t shall flaveda-eontact, directly or indirectly, with the following individuals:

q TheDefendant shall abstain from the consumption of alcohol or any controlled substance without a

rescription and immediately submit to alcohol or drug testing.Defendant shall report to Adult Court Services immediately following court or upon release.

Defendant shall: q Complete Drug/Alcohol Eval. q Complete Mental Health Eval.

q

It is so ordered. ^^ ^i--^

Judge W. David Branstool

Copies: Def ndant served in Courtq Licking County Prosecutor q . Defense Counsel q

_ evwb,Tmmmq^

^^^

^ . . . . . I .^ ^i .w, . _ - . .. _ . - ^. .. _ .^..^

IN THE LICKING COUNTY COMMON P EAS COU,Rj^ ^ mLiC^'^^f6i C^_^ TY, C;:a:0

State of Ohio ;: tr^

P r^01a^.-vs- ^^^ 2g Q 1' S^

}91 W

DefepVa4;

Case No.

The Defendant appeared for his/her initial appearance onOhio was represented by the i king County Prosecutor's Office. The De

) ([without counsel).

The Defendant acknowledged receiving a copy of the indictment.indictment was read to the Defendant, or in the alternative, the DefendantFurther, the Court advised the Defendant of his/her rights under Crim. R. 5^

SX/-/ZThis case is continued for Arraignment onCounty Common Pleas Court, I Courthouse Square, Newark, Ohio 43055.

Pursuant to Crim. R. 46, the Defendant shall be released on the foll

Type and Amount of Bail

Bond is set in the amount of $^^. t-0 , to be posted as fo

q The personal recognizance of the Defendant, under Crim. R.

q The execution of an unsecured bail bond in the amc

46(A)(1).2^ The execution of an appearance bond in the amount of $O„

may deposit 10% of the full amount of bond directly with the Li6breach, the accused/depositor will forfeit the amount deposited aiamount of bond. Upon compliance, 90% of the amount deposited :

the bond depositor. Crim. R. 46(A)(2).q The execution of a surety bond, a bond secured by real estalaw, or the deposit of cash, at the option of the Defendant, in the a

46(A)(3).q Bond is continued as previously (q set)(qposted).

R 2 7 ^013

l^

C 11

26 , 20/ 2--. The State ofdant appeared (q with counsel,

accordance with Crim. R. 10, theaived a reading of the indictment.

20_, at 8:30 am, at the Licking

ng bond(s) and conditions:

ows:16(A)(1).unt of $ , under Crim. R.

o.jpe accused or bond depositorI County Clerk of Courts. Uponwill owe the balance on the fullII be returned to the defendant or

or securities as allowed by)unt of $ , under Crim. R.

II. Conditions

q The Defendant shall have no contact, directly or indirectly, with the f

^ he Defendant shall abstain from the consumption of alcohol orprescription and immediately submit to alcohol or drug testing.Defendant shall report to Adult Court Services immediately following

^ Defendant shall: q,Complete Drug/Alcohol Eval. q Complete

q

It is so ordered.

Copies:q Licking County Prosecutor

^^0^)Judge W. David Branstool

q Defense Counsel q

individuals:

controlled substance without a

irt or upon release.ntal Health Eval.

^^^^

.. ;^4 py

^v c^ ..rv3 ^^a iR` ^d E^ G& 3̂)"̂'r^

^^ A.1C^^

COUNTY COMMON PLEAS M^1a^^:3

RT w^^IN THE LICKING ^.,

State of Ohio

Plaintiff,

-vs-

^,^p^^

^^ 7

COOr>;^ ^^^r =^^I_^ °̂ i> t,^... t^^G^ .:.t^^^CIeaak Courts

t6iiJUL iI o4:liDefendant.

JUDGMENT EN ft - IN{T A At? RANCE

201Z. Th State ofThe Defendant appeared for his/her initial appeararice on

_

Ohio was represented by the Licki ounsecutor's Office. The Defendant appeared () ( ithout counse)

The Defendant acknowledged receiving a copy of the indictment. In accordance with Crim. R. 10, the

indictment was read to the Defendant, or in the alternative, the De^ndRanSt(A)waived a reading of the indictment.

Further, the Court advised the Defendant of his/her rights under

,7 20/Z, at 8:30 am, at the LickingThis case is continued for Arraignment on Ohio 43055.

County Justice Center, 155 E. Main Street, Newark,

Pursuant to Crim. R. 46, the Defendant shall be released on the following bond(s) and conditions:

I. Tvpe and Amount of Bail

[^Bon set in the amount of $_^l^---- tobe posted as follows:

[^Thepersonal recognizanc of the Defendant, under Crim. R. 46(A)(1). under Crim. R.

0

[Ell T execution of an unsecured bail bond in the amount of $46( )• accused or bond depositor

The execution of an appearance bond in the amount of $ Re rts. U

may deposit 10%^ of the full amount of bond directly with the Lic ing County hlerbalanceuon t epfull

breach, the accusadldepo^toance, f90%t of the amountdepos'i ed shal be^eturned to the defendant or

amount of bond. Upon co pthe bond depositor. Crim. R. 46(A)(2). cured by real estate secu

rities as under Crim. R.The execution of a surety bond, a bond se in the amount ofrit$ allowed

by

^ w, or the deposit of cash, at the option of the Defendant,Ia46(A)(3).

[] Bond is continued as previously (q set)(qposted).

Il. Con diswith the following individuals:

^he De f^,n^•{ant all h ve n c ntact, directly or indirectly, controlled substance without a'

^The Defendantshall abstain trom the consumption of alcohol or any

prescription and immediately submit Services immediately following court or upon release.rt to Ad o

Defendantefendant shallshall: repo omplete Drug/Alcohol Eval. q Complete Mental Health Eva .

is so ordered.Judge W. David Branstool

Copies: Defense Counsel q[] Licking County Prosecutor q

in Court

txrnrsi i r6v