State v. Favors, 50 2013 CR 00930
Jun 06, 2014OUTCOME: Not Guilty
Trial: Possession case, tried to bench on theory of ambiguous possession.
PRO
Rhys Brendan Cartwright-Jones's Legal Cases (14)
Youngstown, OH
Criminal defense Lawyer at Youngstown, OH
Practice Areas: Criminal Defense, Appeals ... +9 more
State v. McBride
May 24, 2011OUTCOME: Death Penalty Dropped, Defendant Receives Probation
Indicted for Capital Murder, Mother gets 5 years probation in baby's murder by ex-boyfriend. By Elise Franco Friday, May 13, 2011 Shannon McBride By Elise Franco [email protected] Youngst ... own Shannon McBride, whose 23-month-old baby was beaten to death by an ex-boyfriend, was sentenced to five years probation for her involvement in the crime. McBride, 23, who appeared Thursday before Judge Maureen A. Sweeney of Mahoning County Common Pleas Court, was emotional and difficult to understand as she spoke quietly in court. She told Judge Sweeney that she knows she's not the only person still hurting from Makenzie McBride's death. Makenzie died April 6, 2010, after she was rushed to Akron Childrens' Hospital with a skull fracture and severe bruising on her face. Her death was ruled homicide by the Summit County coroner blunt-force trauma to the head. Shawn Davis, 26, entered guilty pleas April 6 of this year to one count of aggravated murder and one count of domestic violence before Judge Sweeney. As a result of his plea agreement, a death-penalty specification was dropped. Davis is in prison without the possibility of parole, according to court records. Part of the agreement stipulated that the prosecution would recommend Shannon McBride receive probation instead of jail time, said Assistant County Prosecutor Rob Andrews. Atty. Ron Yarwood, who represented McBride alongside Atty. Rhys Cartwright-Jones, said McBride understands and regrets what happened to her daugh
Mario Hernandez, et al. v. G&J Automatic Systems, et al., CV-09-695655
Jan 25, 2011OUTCOME: Case Dismissed in favor of client.
This was a discrimination case that involved a $300,000.00 demand for wrongful discharge and retaliation claims. Cartwright-Jones represented the defendant, and had the case thrown out of court.
Linetsky v. DeJohn
Oct 14, 2010OUTCOME: Judgment Reversed in Favor of Client
Attorneys fees, reversed; summary judgment, reversed, judgment entered for plaintiff on a CSPA claim that opens the door to treble damages and plaintiff's attorneys fees for failure to timely disclose ... loan terms. In October 2008, appellants filed a complaint against DeJohn, Carlyle Mortgage Services, and Washington Mutual Bank alleging violation of the Federal Truth In Lending Act, 15 U.S.C. 1601 et seq., violation of the Ohio Consumer Sales Practices Act, violation of the Ohio Mortgage Broker Act, common law fraud, conspiracy, and negligence. The parties filed motions for summary judgment. The trial court denied appellants’ motion for summary judgment and granted DeJohn’s motion on all claims without opinion. DeJohn subsequently filed a motion for attorney fees pursuant to R.C. 2323.51 for having to defend against a frivolous lawsuit. The trial court granted the motion, but later stayed the judgment for fees pending appeal. Appellants raise two assignments of error on appeal.
Kijowski v. City of Niles, et al.
Apr 08, 2010OUTCOME: Reversed & Remanded / Summary Judgment Vacated
From the opinion-- Joseph Kijowski was arrested during a donnybrook at a wedding reception. According to Kijowski, police officers dragged him from a truck, threw him to the ground, shocked him twic ... e with a Taser, and kicked him repeatedly. Kijowski subsequently brought suit in state court, claiming he was entitled to damages under 42 U.S.C. § 1983 because the officers violated his Fourth Amendment right to be free from the use of excessive force. The case was then removed to federal court, where Officer Craig Aurilio, one of the defendants, asserted qualified immunity and moved for summary judgment. The district court granted his motion, and Kijowski now appeals. Viewing the facts in the light most favorable to Kijowski, Officer Aurilio's conduct was objectively unreasonable and violated a clearly established constitutional right. We therefore REVERSE and REMAND for further proceedings.
State of Ohio v. Carl Chaney
Mar 25, 2010OUTCOME: Rape Case Reversed
YOUNGSTOWN, OH, MARCH 25, 2010: THE SEVENTH DISTRICT COURT OF APPEALS REVERSED A RAPE CONVICTION IN THE CASE OF OHIO V. CARL CHANEY, NO. 08 MA 171. ACCORDING TO THE SEVENTH DISTRICT COURT OF APPE ... ALS, THE PROSECUTION'S INQUIRIES OF CHANEY AT TRIAL WERE TANTAMOUNT TO “IMPROPER REFRERENCES TO [HIS] POST ARREST SILENCE” AND “VIOLATED CHANEY'S CONSTITUTIONAL RIGHTS.”
State of Ohio v. (John Doe) Found Not Guilty
Nov 03, 2009OUTCOME: Defendant Found Not Guilty
Man found innocent of child rape By John W. Goodwin Jr. Wednesday, October 7, 2009 By John W. Goodwin Jr. YOUNGSTOWN — Attorneys for a man recently found innocent of rape involving a minor ... say their client stood accused longer than necessary because of undisclosed information from prosecutors, but prosecutors say that is not true. [The defendant] was found innocent this week of two counts of rape with life-sentence specifications. The verdict was handed down by Judge John M. Durkin of Mahoning County Common Pleas Court after a one-day bench trial Monday. [The defendant] was indicted in February 2007 on two counts of having sexual contact with a minor girl over a two-year span between 2005 and 2006 when the girl was age 8 and 9. Attorneys Damian Billak and Rhys Cartwright-Jones said [the defendant] stood accused of the crime two years longer than necessary because prosecutors failed to disclose information that the girl recanted a statement claiming [the defendant] had molested her. Cartwright-Jones said the fact the information was not disclosed meant dire consequences for his client. “She recanted to prosecutors in 2007, and prosecutors withheld that from us for two years,” Cartwright-Jones said. “This means [the defendant] went two years potentially being tried for a rape case without all the facts.” Dawn Cantalamessa, an assistant county prosecutor, said the victim did come to prosecutors and recant an earlier statement she made concerning [the defendant], but she said the victim also had recanted the statement to [the defendant's] lawyers. She said prosecutors believe coercion may have been at play in the girl’s decision to recant her statement. County Prosecutor Paul Gains said it is also important to note that [the defendant] had been offered an unstipulated polygraph test in August. He said the test meant that if [the defendant] failed, the results could not be used against him in court, but if he passed, all charges against him would be dismissed. Gains said [the defendant] declined to take the test. Oral arguments before Judge Durkin in June show that prosecutors learned the girl began to recant her statement as early as December 2007, but they told the judge the defense attorneys knew of the girl’s changed statement before prosecutors learned of that information, so there was no need to disclose something the defense already knew. Billak and Cartwright-Jones, however, told the court they did not learn of the girl’s decision to change her statement until May 2009. The attorneys filed a motion asking that the case be dismissed. The court did find that a violation occurred in the disclosure, but the motion to dismiss was denied. Gabriel Wildman, an assistant county prosecutor, said the disclosure of the recanted statement had no affect on the trial. He said defense attorneys had the information at least six months before trial and in plenty of time to prepare their defense. “The judge would not have allowed this case to proceed unless the defense, or both sides, had all the information they are entitled to by law,” Wildman added.
State of Ohio v. Artem Feldman
Nov 03, 2009OUTCOME: Reversed & Remanded / Plea Vacated
Eleventh District Court of Appeals Plea Vacated for Russian Immigrant Facing Removal-- Appellant Feldman offered the following argument-- According to R.C. 2943.031(D), “[u]pon motion of the d ... efendant, the court shall”—i.e. must —“set aside [a] judgment and permit [a] defendant to withdraw a plea of guilty or no contest and enter a plea of not guilty … if, after [1989], the court fail[ed]” to advise the defendant under R.C. 2943.031(A) that his plea subjects him to deportation, denial of entry, and denial of naturalization. Here, the trial court informed Mr. Feldman that he could “be subjected to some [i]mmigration laws” that “[c]ould involve deportation.” The trial court did not, however, inform him that he could face, inter alia, exclusion from admission to the U.S. following a short trip abroad. And as the facts below relate, this is precisely what Mr. Feldman now faces, having left the U.S. only to be deemed inadmissible on return. As the accompanying affidavit relates, Mr. Feldman had no concept of this. And having been properly advised, he would not have plead as he did. Under R.C. 2943.031(D), this is a statutory failure rendering the plea subject to vacatur. And under Crim.R. 32.1 and R.C. 2943.031(F), this constitutes a manifest injustice such to render the plea void for an unconstitutional failure of knowing, voluntary, and intelligent waiver of one's Fifth and Sixth Amendment rights. The Eleventh District reversed the matter.
State of Ohio v. John Doe, Now Innocent
Nov 03, 2008OUTCOME: Defendant Cleared of Poetntial Life-Sentence Rape
Man found innocent of child rape E-mail iPod Print ShareThis Published: Wed, October 7, 2009 @ 12:00 a.m. By John W. Goodwin Jr. YOUNGSTOWN — Attorneys for a man recently found innocent of rape i ... nvolving a minor say their client stood accused longer than necessary because of undisclosed information from prosecutors, but prosecutors say that is not true. [The Defendant] 27, of [Youngstown], was found innocent this week of two counts of rape with life-sentence specifications. The verdict was handed down by Judge John M. Durkin of Mahoning County Common Pleas Court after a one-day bench trial Monday. [The Defendant] was indicted in February 2007 on two counts of having sexual contact with a minor girl over a two-year span between 2005 and 2006 when the girl was age 8 and 9. Attorneys Damian Billak and Rhys Cartwright-Jones said [The Defendant] stood accused of the crime two years longer than necessary because prosecutors failed to disclose information that the girl recanted a statement claiming [The Defendant] had molested her. Cartwright-Jones said the fact the information was not disclosed meant dire consequences for his client. “She recanted to prosecutors in 2007, and prosecutors withheld that from us for two years,” Cartwright-Jones said. “This means [The Defendant] went two years potentially being tried for a rape case without all the facts.” Dawn Cantalamessa, an assistant county prosecutor, said the victim did come to prosecutors and recant an earlier statement she made concerning [The Defendant], but she said the victim also had recanted the statement to [The Defendant's] lawyers. She said prosecutors believe coercion may have been at play in the girl’s decision to recant her statement. County Prosecutor Paul Gains said it is also important to note that [The Defendant] had been offered an unstipulated polygraph test in August. He said the test meant that if [The Defendant] failed, the results could not be used against him in court, but if he passed, all charges against him would be dismissed. Gains said [The Defendant] declined to take the test. Oral arguments before Judge Durkin in June show that prosecutors learned the girl began to recant her statement as early as December 2007, but they told the judge the defense attorneys knew of the girl’s changed statement before prosecutors learned of that information, so there was no need to disclose something the defense already knew. Billak and Cartwright-Jones, however, told the court they did not learn of the girl’s decision to change her statement until May 2009. The attorneys filed a motion asking that the case be dismissed. The court did find that a violation occurred in the disclosure, but the motion to dismiss was denied. Gabriel Wildman, an assistant county prosecutor, said the disclosure of the recanted statement had no affect on the trial. He said defense attorneys had the information at least six months before trial and in plenty of time to prepare their defense. “The judge would not have allowed this case to proceed unless the defense, or both sides, had all the information they are entitled to by law,” Wildman added.
Absolute Home Health Care v. Providence Home Health Care
Mar 07, 2008OUTCOME: Dismissal Following Motion for Summary Judgment
Absolute Home Health Care sued Providence Home Health Care and a docket of roughly a dozen home health nurses, alleging breach of non-compete / non-solicitation clauses for nurses' soliciting clients o ... f Absolute to seek services from Providence. Following submission of a motion for summary judgment arguing that the clauses at issue violated the Ohio Administrative Code's elder care provisions, that the nurses' employment agreements never specified who was a client of whom, and that the defendant nurse never overtly solicited clients of Absolute, Absolute dismissed charges against Ms. Rustamov. The balance of the case is pending in the Court of Common Pleas for Cuyahoga County.