On April 17, 2009 a
Motion,Ex Parte
was filed
involving a dispute between
State Of Ohio,
and
Wade H. Jackson,
for 16-APR-09
in the District Court of Montgomery County.
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FILED «ae.
MOH PLEAS:
COURT OF COHN IN THE COURT OF COMMON PLEAS
aya sep 20 P 2 22 MONTGOMERY COUNTY, OHIO
CASE NO..09CR 1251
09CR4130
Vv.
WADE H. JACKSON
Judge Barbara Gorman
Defendant.
MOTION FOR SUMMARY JUDGEMENT
(WITH RESPECT TO WAIVE PAYMENT OF COURT COST AND FINES)
Now comes the defendant, Wade H. Jackson, who respectfully moves this Court to grant his
previously filed Motion To Waive Payment Of Court Cost and Fines filed May 24, 2009.
For the reasons set forth in the attached Memorandum in Support the defendant prays that
the court will grant the instant petition,
Respectfully submitted,
Madison Correctional Inst.
P.O. Box 740
London, Ohio 43140-0740Memorandum in Support
Honorable Judge Gorman,
T approach your court requesting that Summary Judgment be granted in this matter. The
defendant had filed his initial motion in excess of (60) sixty days and has not received any opposition
from the State's attorneys nor a ruling for the Court.
The defendant relies on: (..2949.092 Waiver of additional court costs
If a person is convicted of or pleads guilty to an offense and the court specifically is required,
pursuant to section 2743.70, 2949.091, 2949.093, or 2949.094 of the Revi or pursuant to any
other section of the Revised Code to impose a specified sum of money as costs in the case in addition to
any other costs that the court is required or permitted by law to impose in the case, the court shail not
waive the payment of the specified additional court costs that the section of the Revised Code
specifically requires the court to impose unless the court determines that the offender is indigent and
(he court waives the payment of all court costs imposed upon the offender.
As stated in the defendant initial motion the defendant is currently indigent due to his
incarceration. The fines and court cost are detrimental to the financial being of the defendant, at the
present time the defendant's only means of support is the minimal monthly amount awarded by the state
for personal hygiene items. The defendant request that the $747.00 would be waived until his release
and the cost and fines would be mandated as a condition of his community control sanctions.
For the reasons set forth it's the defendant's prayer that you will grant this petition.Certificate Of Service
I certify that a copy of the foregoing Motion For Summary Judgment has been sent by regular U.S.
Mail to the Office of the Montgomery County Prosecutor, 301 W. Third St. Dayton, Ohio 45422 on the
) pth day of September 2010.
AFFIDAVIT OF INDIGENCY
IN THE COURT OF COMMON PLEAS
MONTGMERY COUNTY, OHIO
Case No. 09CR1251
09CR4130
I, Wade H. Jackson, do hereby solemnly swear that I have presently this ath day of
September 2010, no means of financial support and no assets of any value and, therefore, cannot secure
cost for any legal services, fees or costs in the above-styled case.
eH. Jay 625-170
Sworn in and subscribed in my presence this _/ 3 day of September 2010.
Document Filed Date
September 20, 2010
Case Filing Date
April 17, 2009
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| a | nT FILED «ae. MOH PLEAS: COURT OF COHN IN THE COURT OF COMMON PLEAS aya sep 20 P 2 22 MONTGOMERY COUNTY, OHIO CASE NO..09CR 1251 09CR4130 Vv. WADE H. JACKSON Judge Barbara Gorman Defendant. MOTION FOR SUMMARY JUDGEMENT (WITH RESPECT TO WAIVE PAYMENT OF COURT COST AND FINES) Now comes the defendant, Wade H. Jackson, who respectfully moves this Court to grant his previously filed Motion To Waive Payment Of Court Cost and Fines filed May 24, 2009. For the reasons set forth in the attached Memorandum in Support the defendant prays that the court will grant the instant petition, Respectfully submitted, Madison Correctional Inst. P.O. Box 740 London, Ohio 43140-0740Memorandum in Support Honorable Judge Gorman, T approach your court requesting that Summary Judgment be granted in this matter. The defendant had filed his initial motion in excess of (60) sixty days and has not received any opposition from the State's attorneys nor a ruling for the Court. The defendant relies on: (..2949.092 Waiver of additional court costs If a person is convicted of or pleads guilty to an offense and the court specifically is required, pursuant to section 2743.70, 2949.091, 2949.093, or 2949.094 of the Revi or pursuant to any other section of the Revised Code to impose a specified sum of money as costs in the case in addition to any other costs that the court is required or permitted by law to impose in the case, the court shail not waive the payment of the specified additional court costs that the section of the Revised Code specifically requires the court to impose unless the court determines that the offender is indigent and (he court waives the payment of all court costs imposed upon the offender. As stated in the defendant initial motion the defendant is currently indigent due to his incarceration. The fines and court cost are detrimental to the financial being of the defendant, at the present time the defendant's only means of support is the minimal monthly amount awarded by the state for personal hygiene items. The defendant request that the $747.00 would be waived until his release and the cost and fines would be mandated as a condition of his community control sanctions. For the reasons set forth it's the defendant's prayer that you will grant this petition.Certificate Of Service I certify that a copy of the foregoing Motion For Summary Judgment has been sent by regular U.S. Mail to the Office of the Montgomery County Prosecutor, 301 W. Third St. Dayton, Ohio 45422 on the ) pth day of September 2010. AFFIDAVIT OF INDIGENCY IN THE COURT OF COMMON PLEAS MONTGMERY COUNTY, OHIO Case No. 09CR1251 09CR4130 I, Wade H. Jackson, do hereby solemnly swear that I have presently this ath day of September 2010, no means of financial support and no assets of any value and, therefore, cannot secure cost for any legal services, fees or costs in the above-styled case. eH. Jay 625-170 Sworn in and subscribed in my presence this _/ 3 day of September 2010.