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Case Information
Filed
2022-08-01
Status
INACTIVE
Type
Miscellaneous Other
Docket
24 entries
Parties
Plaintiff
Robert K Weigand
Defendant
Cuyahoga County Prosecutor's Office
Lawyers
Docket Entries
- CASE FILED: COMPLAINT
- COURT REPORTER FEE
- JUDGMENT ENTRY(48655106) SENT BY EMAIL. TO: ANTHONY THOMAS MIRANDA [email protected]
- JUDGMENT ENTRY(48655105) SENT BY EMAIL. TO: ANTHONY THOMAS MIRANDA [email protected]
- JUDGMENT ENTRY(48655104) SENT BY EMAIL. TO: DEREK A. DEBROSSE [email protected]
- 09/22/2022: HEARING HELD ON PETITIONER ROBERT K. WEIGAND'S APPLICATION FOR RELIEF FROM STATUTORY DISABILITY TO POSSESS A FIREARM PURSUANT TO R.C. 2923.13(A)(2). PETITIONER AND COUNSEL PRESENT VIA ZOOM; ASSISTANT PROSECUTOR MIRANDA PRESENT; COURT REPORTER CINDY LARROSA PRESENT. THE COURT TOOK TESTIMONY FROM WEIGAND. WEIGAND PLEADED GUILTY IN CR-83-181034 TO TWO COUNTS OF F1 AGGRAVATED BURGLARY. HE WAS SENTENCED TO THIRTY MONTHS OF PROBATION WHICH WAS LATER MODIFIED TO FOUR YEARS OF PROBATION. THE COURT ORDERED THAT HE PAY RESTITUTION AND FINES. THIS CONVICTION PREVENTS WEIGAND FROM POSSESSING FIREARMS, KNOWN AS A WEAPONS DISABILITY, PURSUANT TO R.C. 2923.13(A)(2) AND 18 U.S.C. 922(G)(1). R.C. 2923.14(A), HOWEVER, PROVIDES THAT A PERSON WHO IS DISABLED MAY APPLY TO THE "COURT OF COMMON PLEAS IN THE COUNTY IN WHICH THE PERSON RESIDES FOR RELIEF FROM SUCH PROHIBITION." WEIGAND RESIDES IN PARMA, OHIO IN CUYAHOGA COUNTY AND HIS APPLICATION IS PROPER HERE. FOLLOWING WEIGAND'S APPLICATION, THE COURT ORDERED ITS PROBATION DEPARTMENT TO UNDERTAKE AN INVESTIGATION OF HIS CRIMINAL HISTORY. THE REPORT SHOWS THAT IN ADDITION TO HIS DISABLING CONVICTION IN 1983, WEIGAND WAS CONVICTED OF THREE MISDEMEANOR MOTOR VEHICLE CRIMES BETWEEN 1991 AND 1993. IN DETERMINING THE OUTCOME OF THE APPLICATION, A COURT SHOULD CONSIDER: 1) WHETHER THE APPLICANT HAS BEEN FULLY DISCHARGED IN HIS CRIMINAL CASE; 2) WHETHER THE APPLICANT HAS "LED A LAW-ABIDING LIFE SINCE DISCHARGE OR RELEASE, AND APPEARS LIKELY TO DO SO;" 3) AND WHETHER THE APPLICANT IS OTHERWISE DISABLED. R.C. 2923.14(D). THE COURT FINDS THAT THAT WEIGAND HAS BEEN FULLY DISCHARGED IN THE UNDERLYING CRIMINAL CASE AND HAS NOT OTHERWISE DISABLED FROM POSSESSING FIREARMS. THE PROSECUTOR DECLINED TO RAISE ANY OBJECTION TO WEIGAND'S APPLICATION. BASED ON THE TESTIMONY AT THE HEARING, THE COURT FURTHER FINDS THAT WEIGAND HAS LED A LAW-ABIDING LIFE SINCE 1993, AND APPEARS LIKELY TO CONTINUE TO DO SO. THE COURT FURTHER FINDS THAT WEIGAND IS FIT FOR RELIEF FROM DISABILITY. THE APPLICATION FOR RELIEF FROM DISABILITY PURSUANT TO R.C. 2923.14 IS GRANTED. THE COURT ORDERS THAT APPLICANT ROBERT K. WEIGAND BE RELIEVED FROM ANY DISABILITY AND DISABLING FACTORS BASED UPON HIS FELONY CONVICTIONS. AS SUCH, THE COURT ORDERS THAT ROBERT K. WEIGAND MAY ACQUIRE, PURCHASE, POSSESS, AND USE FIREARMS IN ALL LAWFUL WAYS. ROBERT K. WEIGAND IS NOTIFIED THAT THIS RELIEF FROM DISABILITY MAYBE REVOKED AS SET FORTH IN RC. 2923.14(F)(3), (4).THE COURT SETS ASIDE ANY LEGAL DISABILITY RELATED TO HIS RIGHT TO CARRY, OWN, OR POSSESS FIREARMS. THE CLERK OF COURTS IS ORDER TO MAIL A CERTIFIED COPY OF THIS ORDER TO THE PLAINTIFF. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED
- 08/18/2022: THE COURT REFERS THIS CASE TO THE PROBATION DEPARTMENT FOR AN INVESTIGATION AND REPORT AS TO THE PLAINTIFF'S CRIMINAL HISTORY. MOTION HEARING SET FOR 09/22/2022 AT 01:30 PM. HEARING ON PLAINTIFF'S APPLICATION TO REMOVE DISABILITY. ANY PARTY OR COUNSEL MAY APPEAR BY ZOOM BY CONTACTING THE STAFF ATTORNEY. FAILURE OF PRO SE PLTF OR PLTF'S COUNSEL TO PARTICIPATE OR APPEAR AT THIS OR ANY COURT DATE OR TO FOLLOW ANY COURT ORDER WILL RESULT IN ACTION BEING DISMISSED. FAILURE OF PRO SE DEFT OR DEFT'S COUNSEL TO PARTICIPATE OR APPEAR AT THIS OR ANY COURT DATE OR TO FOLLOW ANY COURT ORDER WILL RESULT IN COURT HOLDING EX PARTE TRIAL OR WILL RESULT IN ENTRY OF DEFAULT JUDGMENT. JUDGE MICHAEL J. RUSSO'S STANDING ORDERS AND LITIGATION PREFERENCES ARE AVAILABLE ON HIS PROFILE ON THE COURT'S WEBSITE. THE PARTIES ARE EXPECTED TO HAVE COMPLIED WITH THE PRE-TRIAL DISCLOSURES REQUIRED BY CIV. R. 26 PRIOR TO THE FIRST PRE-TRIAL. FAILURE TO COMPLY WITH CIV.R 26 WILL RESULT IN THE COURT SETTING A DISCOVERY HEARING WITH THE POSSIBILITY OF DISMISSAL OR DEFAULT JUDGMENT FOR FAILING TO COMPLY. THE PARTIES MAY REQUEST ORAL ARGUMENT OR FORMAL HEARING ON ANY MATTER BY CONTACTING THE STAFF ATTORNEY. ANY COURT DATE MAY BE HELD IN PERSON, BUT THE PARTIES MUST MAKE ARRANGEMENTS IN ADVANCE BY CONTACTING THE STAFF ATTORNEY. NOTICE ISSUED
- SUMS COMPLAINT(48317077) SENT BY CLERK ISSUED VIA HAND DELIVERY. TO: CUYAHOGA COUNTY PROSECUTOR'S OFFICE JUSTICE CENTER COURT'S TOWER 1200 ONTARIO STREET 9TH FLOOR CLEVELAND, OH 44113-0000
- SUMMONS E-FILE COPY COST
- WRIT FEE
- BRIEF FILED BY D1 CUYAHOGA COUNTY PROSECUTOR'S OFFICE ANTHONY THOMAS MIRANDA 0090759 STATE'S BRIEF IN RESPONSE TO PETITIONER'S APPLICATION FOR RELIEF FROM STATUTORY DISABILITY TO POSSESS A FIREARM
- REQUEST FOR SERVICE FILED SERVICE OF COMPLAINT ON DEFENDANT
- CERTIFIED MAIL RECEIPT NO. 48219641 RETURNED 8/5/2022 FAILURE OF SERVICE ON DEFENDANT CUYAHOGA COUNTY PROSECUTOR'S OFFICE - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- SUMS COMPLAINT(48219641) SENT BY CERTIFIED MAIL. TO: CUYAHOGA COUNTY PROSECUTOR'S OFFICE 1200 ONTARIO STREET 9TH FLOOR CLEVELAND, OH 44113
- SUMMONS E-FILE COPY COST
- WRIT FEE
- JUDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
- LEGAL RESEARCH
- LEGAL NEWS
- LEGAL AID
- COURT SPECIAL PROJECTS FUND
- COMPUTER FEE
- CLERK'S FEE
- DEPOSIT AMOUNT PAID DEREK A. DEBROSSE
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Full Analytics Report
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- Related cases and filings
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