On May 30, 2016 a
Appellate Materials
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for COURT OF APPEALS
in the District Court of Montgomery County.
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SEURT OF APPEAL
2016 JUL 2e~whti: 26
GREGOR, tbe
CLERK oF EdaweH
MC URS
MTCOMERY CO. Ohio
IN THE COURT OF APPEALS OF OHIO
SECOND APPELLATE DISTRICT
MONTGOMERY COUNTY
STATE OF OHIO * Appeliate Case No. 27130
Plaintiff-Appellee
Trial Court Case No. 15-CR-3221
v.
ANNA A. CASSEL
Defendant-Appellant
APPOINTMENT OF COUNSEL
July 72h , 2016
It appearing to the Court that appellant, Anna A. Cassel, is indigent and qualified for
legal representation at State's expense, and upon due consideration thereof, IT IS HEREBY
ORDERED that Michael Hallock, P.O. Box 292017, Kettering, Ohio 45429, is appointed to
Tepresent appellant for the sole purpose of this appeal to this court and not for the purposes
of post-conviction or other proceedings.
IT IS FURTHER ORDERED that in the event counsel appointed herein believes that
a transcript of proceedings is necessary for a proper review of this matter by this court, said
counsel shall, pursuant to Loc.App.R. 6, serve the following upon the court reporter: (i) a
copy of the notice of appeal, (ii) a praecipe ordering said court reporter to prepare a transcript
of proceedings, and (iii) a copy of this order of appointment of counsel. The transcript of
proceedings will be prepared at State's expense.
IT IS FURTHER ORDERED that it shall be the responsibility of counsel appointed
herein to determine the current location of appellant and to advise appellant of the fact of
this appointment.
IT IS FURTHER ORDERED that this appointment does not require or obligate
counsel appointed herein to pursue or defend an appeal to the Ohio Supreme Court from
the final determination of this appeal by this court in the event either appellant or appellee
desires to pursue such an appeal.
THE COURT OF APPEALS OF OHIO
SECOND APPELLATE DISTRICTIT IS FURTHER ORDERED that in the event counsel appointed herein for appellant
files an appeal to the Ohio Supreme Court from the final determination of this appeal by this
court without first receiving a new appointment from this court to do so, counsel shall be
considered to be representing Appellant on a pro bono basis.
IT IS FURTHER ORDERED that in the event appellee files an appeal to the Ohio
Supreme Court from the final determination of this appeal by this court, the court shall
consider appointing counsel for appellant to defend against such an appeal only upon a
new motion for appointment.
IT 1S FURTHER ORDERED that counsel appointed herein shall not be eligible for
compensation for legal services rendered unless appellant has completed and filed with the
court a Financial Disclosure/Affidavit of Indigency form in the format required by the Ohio
Public Defender's Commission. Appointed counsel is solely responsible for monitoring that
such disclosure/affidavit is filed.
Counsel should note that pursuant to various regulations concerning fee applications
for appointed counsel, fee applications must be submitted to this Court no later than 30 days
after final disposition of the appeal by this Court. In the event that counsel fails to timely
submit the fee application, said fee application may be denied in whole or in part by the
Court, or the amount of fee awarded may later be reduced by the Court.
Counsel shall have thirty (30) days to cause the filing of appellant's brief.
SO ORDERED.
ZU T. HALL, Administrative Judge
Copies to:
Andrew T. French Michael Hallock
Attorney for Plaintiff-Appellee Attorney for Defendant-Appellant
301 W. Third Street, 5" Floor P.O. Box 292017
Dayton, Ohio 45422 Kettering, Ohio 45429
Victor Hodge Anna A. Cassel
Trial Counsel Defendant-Appellant
117 S. Main Street, Suite 400 25 S. Trenton Street
Dayton, Ohio 45422 Dayton, Ohio 45417 CA2NIM
Hon. Michael Krumholtz
Montgomery County Common Pleas Court
41 /N. Perry Street
Dayton, Ohio 45422
THE COURT OF APPEALS OF OHIO
SECOND APPELLATE DISTRICT
Document Filed Date
July 28, 2016
Case Filing Date
May 30, 2016
Category
COURT OF APPEALS
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oy ieanncnn Cop ILED SEURT OF APPEAL 2016 JUL 2e~whti: 26 GREGOR, tbe CLERK oF EdaweH MC URS MTCOMERY CO. Ohio IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY STATE OF OHIO * Appeliate Case No. 27130 Plaintiff-Appellee Trial Court Case No. 15-CR-3221 v. ANNA A. CASSEL Defendant-Appellant APPOINTMENT OF COUNSEL July 72h , 2016 It appearing to the Court that appellant, Anna A. Cassel, is indigent and qualified for legal representation at State's expense, and upon due consideration thereof, IT IS HEREBY ORDERED that Michael Hallock, P.O. Box 292017, Kettering, Ohio 45429, is appointed to Tepresent appellant for the sole purpose of this appeal to this court and not for the purposes of post-conviction or other proceedings. IT IS FURTHER ORDERED that in the event counsel appointed herein believes that a transcript of proceedings is necessary for a proper review of this matter by this court, said counsel shall, pursuant to Loc.App.R. 6, serve the following upon the court reporter: (i) a copy of the notice of appeal, (ii) a praecipe ordering said court reporter to prepare a transcript of proceedings, and (iii) a copy of this order of appointment of counsel. The transcript of proceedings will be prepared at State's expense. IT IS FURTHER ORDERED that it shall be the responsibility of counsel appointed herein to determine the current location of appellant and to advise appellant of the fact of this appointment. IT IS FURTHER ORDERED that this appointment does not require or obligate counsel appointed herein to pursue or defend an appeal to the Ohio Supreme Court from the final determination of this appeal by this court in the event either appellant or appellee desires to pursue such an appeal. THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICTIT IS FURTHER ORDERED that in the event counsel appointed herein for appellant files an appeal to the Ohio Supreme Court from the final determination of this appeal by this court without first receiving a new appointment from this court to do so, counsel shall be considered to be representing Appellant on a pro bono basis. IT IS FURTHER ORDERED that in the event appellee files an appeal to the Ohio Supreme Court from the final determination of this appeal by this court, the court shall consider appointing counsel for appellant to defend against such an appeal only upon a new motion for appointment. IT 1S FURTHER ORDERED that counsel appointed herein shall not be eligible for compensation for legal services rendered unless appellant has completed and filed with the court a Financial Disclosure/Affidavit of Indigency form in the format required by the Ohio Public Defender's Commission. Appointed counsel is solely responsible for monitoring that such disclosure/affidavit is filed. Counsel should note that pursuant to various regulations concerning fee applications for appointed counsel, fee applications must be submitted to this Court no later than 30 days after final disposition of the appeal by this Court. In the event that counsel fails to timely submit the fee application, said fee application may be denied in whole or in part by the Court, or the amount of fee awarded may later be reduced by the Court. Counsel shall have thirty (30) days to cause the filing of appellant's brief. SO ORDERED. ZU T. HALL, Administrative Judge Copies to: Andrew T. French Michael Hallock Attorney for Plaintiff-Appellee Attorney for Defendant-Appellant 301 W. Third Street, 5" Floor P.O. Box 292017 Dayton, Ohio 45422 Kettering, Ohio 45429 Victor Hodge Anna A. Cassel Trial Counsel Defendant-Appellant 117 S. Main Street, Suite 400 25 S. Trenton Street Dayton, Ohio 45422 Dayton, Ohio 45417 CA2NIM Hon. Michael Krumholtz Montgomery County Common Pleas Court 41 /N. Perry Street Dayton, Ohio 45422 THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT