On September 30, 2011 a
Criminal Matters
was filed
involving a dispute between
State Of Ohio,
and
Eric Demetrus Chase,
for 30-SEP-11
in the District Court of Montgomery County.
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2012 Aug 17 AM (0:
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IN THE comMONLeAS? COURT OF MONTGOMERY COUNTY, OHIO
CRIMINAL DIVISION
STATE OF OHIO, : CASE NOS. 2010 CR 327 /
2011 CR 3364)
Plaintiff,
JUDGE GREGORY F. SINGER
vs.
ERIC D. CHASE, : MOTION TO ADD
CONDITIONS OF BAIL
Defendant.
Now comes Plaintiff, State of Ohio, by and through the office of the
Prosecuting Attorney of Montgomery County, and asks this Court to impose the
following conditions on Defendant's release on bail pending appeal: Bail is
conditioned upon Defendant's prosecuting his appeal without delay, and upon his
abiding by the judgment and sentence of the court. A memorandum in support is
attached hereto.
RESPECTFULLY SUBMITTED,
MATHIAS H. HECK, JR.
PROSECUTING ATTORNEY
rR Nas —
Assistant Prosecuting Attorney
301 W. Third St., 5" Floor
Dayton, Ohio 45422
(937) 225-5757MEMORANDUM
Since there is no constitutional right to post-conviction bail, the right to such
bail exists by virtue of R.C. 2953.09, App.R. 8, and Crim.R. 46. State ex ref Pirman
v. Money, 69 Ohio St3d 591, 1994-Ohio-208, 635 N.E.2d 26. Section
2953.09(A)(2)(a) of the Revised Code requires that such bail shalt “at least be
conditioned that the defendant will prosecute the appeal without delay and abide by
the judgment and sentence of the court.” The State asks that these two
requirements be added as conditions of Defendant's release pending the outcome
of his appeals. Specifically, the State asks that he be required to file both the
tecord of proceedings and his brief in the court of appeals within the time allowed
by Rule, without extension.
RESPECTFULLY SUBMITTED,
MATHIAS H. HECK, JR.
PROSECUTING ATTORNEY
Assistant Prosecuting Attorney
301 W. Third St., 5" Floor
Dayton, Ohio 45422
(937) 225-5757CERTIFICATE OF SERVICE
| hereby certify that a copy of the forgoing has been served upon Elizabeth
C. Scott, 120 W. Second St. Ste. 703, Dayton, Ohio 45402, Attorney for
Defendant, on the date of filing.
fothn StS joa ies
Assistant Prosecuting Attorney
Document Filed Date
August 17, 2012
Case Filing Date
September 30, 2011
Status
913 HILE LANE, ENGLEWOOD, OH 45322
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eiiichomanuen feUry ar chi8, rye 2012 Aug 17 AM (0: gr Aiden IN THE comMONLeAS? COURT OF MONTGOMERY COUNTY, OHIO CRIMINAL DIVISION STATE OF OHIO, : CASE NOS. 2010 CR 327 / 2011 CR 3364) Plaintiff, JUDGE GREGORY F. SINGER vs. ERIC D. CHASE, : MOTION TO ADD CONDITIONS OF BAIL Defendant. Now comes Plaintiff, State of Ohio, by and through the office of the Prosecuting Attorney of Montgomery County, and asks this Court to impose the following conditions on Defendant's release on bail pending appeal: Bail is conditioned upon Defendant's prosecuting his appeal without delay, and upon his abiding by the judgment and sentence of the court. A memorandum in support is attached hereto. RESPECTFULLY SUBMITTED, MATHIAS H. HECK, JR. PROSECUTING ATTORNEY rR Nas — Assistant Prosecuting Attorney 301 W. Third St., 5" Floor Dayton, Ohio 45422 (937) 225-5757MEMORANDUM Since there is no constitutional right to post-conviction bail, the right to such bail exists by virtue of R.C. 2953.09, App.R. 8, and Crim.R. 46. State ex ref Pirman v. Money, 69 Ohio St3d 591, 1994-Ohio-208, 635 N.E.2d 26. Section 2953.09(A)(2)(a) of the Revised Code requires that such bail shalt “at least be conditioned that the defendant will prosecute the appeal without delay and abide by the judgment and sentence of the court.” The State asks that these two requirements be added as conditions of Defendant's release pending the outcome of his appeals. Specifically, the State asks that he be required to file both the tecord of proceedings and his brief in the court of appeals within the time allowed by Rule, without extension. RESPECTFULLY SUBMITTED, MATHIAS H. HECK, JR. PROSECUTING ATTORNEY Assistant Prosecuting Attorney 301 W. Third St., 5" Floor Dayton, Ohio 45422 (937) 225-5757CERTIFICATE OF SERVICE | hereby certify that a copy of the forgoing has been served upon Elizabeth C. Scott, 120 W. Second St. Ste. 703, Dayton, Ohio 45402, Attorney for Defendant, on the date of filing. fothn StS joa ies Assistant Prosecuting Attorney