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Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 24 10:52 AM-18CV000758
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IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
CIVIL DIVISION
JAMES DERRICK O’NEAL, et al.,
CASE NO.: 2018-CV-00758
PLAINTIFFS,
vs. 3 JUDGE: MARK A. SERROTT
THE STATE OF OHIO, et al.,
DEFENDANTS.
MOTION OF PLAINTIFF RAYMOND TIBBETTS TO WITHDRAW FROM THESE
PROCEEDINGS DUE TO THE COMMUTATION OF HIS DEATH SENTENCE
Governor John R. Kasich granted a commutation to life in prison to Plaintiff Raymond
Tibbetts on July 19, 2018. (Exhibit- Warrant of Commutation) Mr. Tibbetts, in this case, sought
a declaration regarding the legality of ODRC 01-COM-11(October 7, 2016), Ohio’s execution
protocol, as it was to be applied to him when he was under a sentence of death. Being no longer
under sentence of death, Mr. Tibbetts no longer has standing to pursue this matter.
WHEREFORE, Raymond Tibbetts moves this honorable Court for an order removing
him from these proceedings.
Respectfully submitted,
/s/ S. Adele Shank
S. ADELE SHANK OH 0022148
LAW OFFICE OF S. ADELE SHANK, Trial Attorney
3380 Tremont Road, Suite 270
Columbus, OH 43221-2112
614. 326-1217
shanklaw @att.netFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 24 10:52 AM-18CV000758
0E249 - S97
/s/Lawrence J. Greger
Lawrence J. Greger OH 0002592
ATTORNEY AT LAW
120 W. Second Street, Suite 1100
Dayton, OH 45402
937. 223-3153
larry@gregerlawoffice.com
COUNSEL FOR PLAINTIFFS
O’NEAL AND TIBBETTS
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing Motion of Plaintiff Raymond Tibbetts to
Withdraw from These Proceedings Due to the Commutation of His Death Sentence was served
upon counsel for Defendants Zoe A. Saadey, and Charles Wille, and counsel for Intervenor
Plaintiff Van Hook, Randall Porter, and counsel for Intervenor Plaintiff Cleveland Jackson, Dale
Baich electronically this 24th day of July, 2018.
It was also served by regular first class mail on Charles Wille, at the Office of the Ohio
Attorney General, Criminal Justice Section, Capital Crimes Unit, 150 East Gay Street, 16th
Floor, Columbus, OH 43215 and counsel for Intervenor Plaintiff Van Hook, Randall Porter,
Ohio Public Defender Office, 250 E. Broad Street, Suite 1400, Columbus, Ohio 43215-9308,
postage pre-paid, this 24th day of July, 2018.
/s/ S. Adele Shank
S. ADELE SHANK OH 0022148
Trial Attorney for Plaintiffs O’Neal and Tibbetts
LAW OFFICE OF S. ADELE SHANK
3380 Tremont Road, Suite 270
Columbus, OH 43221-2112
614. 326-1217
shanklaw @att.net
COUNSEL FOR PLAINTIFFS
O’NEAL AND TIBBETTSFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 24 10:52 AM-18CV000758
0E249 - S98
John R. Kasich
Governor of said State
To all to whom these presents shall come, Greeting:
Whereas, on the tenth of August, in the year One Thousand ‘Nine Hundred and ‘Ninety
Eight, in the Court of Common Pleas held in and for the County of Hamilton, Raymond Tibbets was
convicted of the crimes of Aggravated Murder with specifications (three counts, Murder, and
Aggravated Robbery, and sentenced by said Court to death, life imprisonment without the possibility
of parole, and ten years imprisonment, respectively, on the twenty-seventh of August, in the year One
Thousand Nine Hundred and Ninety Eight in the Court of Common Pleas held in and for the County
of Hamilton; and
Whereas, Raymond Tibbetts #A363-178 is currently incarcerated in the custody of the Ohio
Department of Rehabilitation and Correction in the Chillicothe Correctional Institution under a
sentence of death; and
Whereas, an execution date for said mmuate has been set for October 17, 2018, and has not
been stayed by any court; and
Whereas, the Parole Board by a vote of eleven to one (11-1) with twelve members
participating, recommended against granting clemency to Raymond Tibbetts in the form of a
commutation to life imprisonment without the possibility of parole; and
Whereas, the Parole hel a second clemency hearing at my request, and by a vote of eight to
one (8-1), with nine members participating, again recommended against granting clemency; and
Whereas, after consideration of all relevant factors, I, Jou ®, Kasich, Governor of the State
of Ofte, have concluded that a commutation of the death sentence of Raymond Tibbetts is warranted.
Therefore, by virtue of the authority vested in the Governor by the Constitution and laws of
this State, I do hereby direct that the death sentence of Raymond Tibbetis be commuted to fife m
prison without the possibility of parole.
In Testimony Whereof I fave hereunto
subscribed my name and caused the Great Seat of gf
the State of ( Oliio to be affixed, at Columbus, this
19th Ong ny y, Two Thousgud and Eighteen.
oe Coa Coon
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 24 10:52 AM-18CV000758 0E249 - S96 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO CIVIL DIVISION JAMES DERRICK O’NEAL, et al., CASE NO.: 2018-CV-00758 PLAINTIFFS, vs. 3 JUDGE: MARK A. SERROTT THE STATE OF OHIO, et al., DEFENDANTS. MOTION OF PLAINTIFF RAYMOND TIBBETTS TO WITHDRAW FROM THESE PROCEEDINGS DUE TO THE COMMUTATION OF HIS DEATH SENTENCE Governor John R. Kasich granted a commutation to life in prison to Plaintiff Raymond Tibbetts on July 19, 2018. (Exhibit- Warrant of Commutation) Mr. Tibbetts, in this case, sought a declaration regarding the legality of ODRC 01-COM-11(October 7, 2016), Ohio’s execution protocol, as it was to be applied to him when he was under a sentence of death. Being no longer under sentence of death, Mr. Tibbetts no longer has standing to pursue this matter. WHEREFORE, Raymond Tibbetts moves this honorable Court for an order removing him from these proceedings. Respectfully submitted, /s/ S. Adele Shank S. ADELE SHANK OH 0022148 LAW OFFICE OF S. ADELE SHANK, Trial Attorney 3380 Tremont Road, Suite 270 Columbus, OH 43221-2112 614. 326-1217 shanklaw @att.netFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 24 10:52 AM-18CV000758 0E249 - S97 /s/Lawrence J. Greger Lawrence J. Greger OH 0002592 ATTORNEY AT LAW 120 W. Second Street, Suite 1100 Dayton, OH 45402 937. 223-3153 larry@gregerlawoffice.com COUNSEL FOR PLAINTIFFS O’NEAL AND TIBBETTS CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing Motion of Plaintiff Raymond Tibbetts to Withdraw from These Proceedings Due to the Commutation of His Death Sentence was served upon counsel for Defendants Zoe A. Saadey, and Charles Wille, and counsel for Intervenor Plaintiff Van Hook, Randall Porter, and counsel for Intervenor Plaintiff Cleveland Jackson, Dale Baich electronically this 24th day of July, 2018. It was also served by regular first class mail on Charles Wille, at the Office of the Ohio Attorney General, Criminal Justice Section, Capital Crimes Unit, 150 East Gay Street, 16th Floor, Columbus, OH 43215 and counsel for Intervenor Plaintiff Van Hook, Randall Porter, Ohio Public Defender Office, 250 E. Broad Street, Suite 1400, Columbus, Ohio 43215-9308, postage pre-paid, this 24th day of July, 2018. /s/ S. Adele Shank S. ADELE SHANK OH 0022148 Trial Attorney for Plaintiffs O’Neal and Tibbetts LAW OFFICE OF S. ADELE SHANK 3380 Tremont Road, Suite 270 Columbus, OH 43221-2112 614. 326-1217 shanklaw @att.net COUNSEL FOR PLAINTIFFS O’NEAL AND TIBBETTSFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 24 10:52 AM-18CV000758 0E249 - S98 John R. Kasich Governor of said State To all to whom these presents shall come, Greeting: Whereas, on the tenth of August, in the year One Thousand ‘Nine Hundred and ‘Ninety Eight, in the Court of Common Pleas held in and for the County of Hamilton, Raymond Tibbets was convicted of the crimes of Aggravated Murder with specifications (three counts, Murder, and Aggravated Robbery, and sentenced by said Court to death, life imprisonment without the possibility of parole, and ten years imprisonment, respectively, on the twenty-seventh of August, in the year One Thousand Nine Hundred and Ninety Eight in the Court of Common Pleas held in and for the County of Hamilton; and Whereas, Raymond Tibbetts #A363-178 is currently incarcerated in the custody of the Ohio Department of Rehabilitation and Correction in the Chillicothe Correctional Institution under a sentence of death; and Whereas, an execution date for said mmuate has been set for October 17, 2018, and has not been stayed by any court; and Whereas, the Parole Board by a vote of eleven to one (11-1) with twelve members participating, recommended against granting clemency to Raymond Tibbetts in the form of a commutation to life imprisonment without the possibility of parole; and Whereas, the Parole hel a second clemency hearing at my request, and by a vote of eight to one (8-1), with nine members participating, again recommended against granting clemency; and Whereas, after consideration of all relevant factors, I, Jou ®, Kasich, Governor of the State of Ofte, have concluded that a commutation of the death sentence of Raymond Tibbetts is warranted. Therefore, by virtue of the authority vested in the Governor by the Constitution and laws of this State, I do hereby direct that the death sentence of Raymond Tibbetis be commuted to fife m prison without the possibility of parole. In Testimony Whereof I fave hereunto subscribed my name and caused the Great Seat of gf the State of ( Oliio to be affixed, at Columbus, this 19th Ong ny y, Two Thousgud and Eighteen. oe Coa Coon