0 R SG bjNA I

IN THE SUPREME COURT OF OHIO

GREGORY A. CHAVERSAppellant

V.

THE STATE OF OHIOAppellee

Sup. Ct. No.

C.A. No. 09 CA 0012

Motion for a Stay of Executionof Sentence Pending Appeal.

Comes Now, Gregory A. Chavers, hereafter, appellant, and moves this Court for it's order staying the

sentence on appeal in Case No. 09 CA 0012, judgment entered on April 3, 2009.

This motion is based on the grounds that appellant will be harmed and injuried unless an stay of

execution and all other supplementary proceedings, and in the aid of such as a stay of execution is so

ordered.

Appellant is indigent and cannot pay the $350.00, Wayne County Municipal Court has ordered

appellant to pay for the motion for stay of sentence pending appeal. Appellant has attached to this

motion the financial disclosure/affidavit of indigency and all other supporting documents thereto.

Without such appellant will have no other means of perfecting an appeal to this Court. Appellant ask

this Court to grant the Stay of Sentence Pending Appeal and proceed without the payment of the $350.00

that appellant can not pay the cost of such, in order to appeal to this Court. Appellant filed motions in the

Wayne County Municipal Court on February 24, 2009, and March 9, 2009, which were denied, and in

the Ninth District Court of Appeals, on March 23, 2009, and April 3, 2009, which were also denied.

Appellant brings this motion to the Court in good faith, and for a prro^per record n t

Uask this Court to grant such motion for the interest ofjustice.

MAY 18 2009

CLERK OF COURTSUPREME COURT OF OHIO

Respectfully submitted,

Gregory A. ChaversAppellant In Pro se

CERTIFICATE OF SERVICE

I certify the foregoing motion for stay of execution of sentence pending appeal was sent by U.S. mailto Latecia E. Wiles, Asistant Prosecuting Attorney, 115 West Liberty Street, Wooster, Ohio 44691 onthe 15'b day of May, 2009.

Gregory A. Chavers

FINANCIAL D1SCLOSURE/AFFIDAViT OF INDIGENCY$25.00 application fee may be assessed-see notice on reverse side

I. PERSONAL INFORNtATION

^- a ma6! c4 0012-

1. OTHER PERSONS LMNG IN HOIJSEHOLDName ^ D.O.B

11): MONTHI.Y INCOMElEMPLOYMENT INFORMATION

Type of IncomeEmployment (Gross)

Unemployment

Worker's Comp.

Child Support

Works FirstlTANF

Disability

AppGWn

Employers Name (for aA household members) CS ^

Employer's Address

iV. ALLOW.4BLE EXPENSES:Type of Expense j AmountChiId Support Paid Out

Child Care (if working only)

Insurance

MedicaVDental

Medical8 Associated CostsOf Caring for Infirm FamilyMembers

Spouse (or Parents'rfapplicant is a juvenile)

I erNouseTiufdMefflbers^ -

A. TOTAL INCOME

V. TOTAL )NCOME "

Total Income - Allowable Expenses = Adjusted Total Income

A. TO'fALINCOIVYE $ Ov

- B. 6XPENSES $ =-2OD, Ov

C. ADJUSTED TOTAL INCOME $ q q. 069

VI. ASSET INFORMATIONDescribe / Len4th of Ownership / Make. Model, Year (where applicable) i Estimated Value

Real Estate / Home Pdce:$ Date Purchased: Amt. Owed:$

Stocks I Bonds f CD's

Automobiles

Trucks / Boats / Motorcycles

Other Valuable PropertyI

Cash an Hand i

Money Owed to Applicant^

Other^I

Checking Acct. (Bank / Acct. ,Y)

SavingslMM Acct. (Bank ) Acct. #)^

rD. TOTAL ASSETSi

i

I

Vtl. MONTHl.Y^lIABI1-1TI8SIbTHI7R E?CPENSESType of LiabilityRent / Mortgage

Food ood

Electric

Ga

Fuel

Telephone

Cable

Water / Sewer / Trash

Credit Cards

Loans SG 6D6 r I®!cY/S ) (Lt "Taxes Owed

Othe r( (-ou^*-4M1P5 f 6,o.5"7)E. LIABILITIES & OTHER EXPENSE

Amount

o. avZ. O61

OOfJ()•Gi'?

:^ZoO, ar?

Vili. GRAND TOTALS

C. ADJ. TOTAL INCOME

0. TOTAL ASSETS -0

E. LIABILITIES & OTHER jd 1424, p0

$25.00 APPLICATION FEE NOTICE

By submitting this Financial Disdosure Form/Affidavit ofIndigency Fonn, you will be assessed a non-refundable$25.00 application fee unless waived or reduced by thecourt. If assessed, the fee is to be paid to the clerk of courtswithin seven (7) days of submitting this form to the court, theptpblic defender, yaur appointed counsel or any other part^iwho will make a determination regarding your indigency.

i iX. AFFIDAVIT OF INDIGENCY

(affiant) being duly swom, say:

1. 1 am financially unable to retain private counsel without substantial hardship to me or my family.

2. I understand that I must inform the public defender or appointed attomey if my financial situation shouldchange before the disposition of the case(s) for which representation Is being provided.

3. I understand that'rf ft is determined by the county, or bythe Court, that legal representation should nothave been provided, I may be required to reimburse the county for the costs of representationprovided. Any action filed by the county to collect legal fiees hereunder must be brought within twoyears form the last date legal representation was providled.

4. I understand that I am subject to criminal charges for providing false financial information in connectionwith the above application for legal representation pursuant to Ohio Revised Code Sections 120.05and 2921.13.

5. I hereby certify that the information I have provided on thi inanc i 16sttte form is true to the bestof my knowledge. ,3 .^ j- C

ffiant's Signature Date

Notary Public/3ndividual duly authorized to adminis€er oath:Sub cribed and duly swom before me according to law,' by the above named ap ^pi'4cant this ^^^ day ofI ^r^(. ,aoo ,at0O-F^6r^ Countyof G.luVne-

f^iand St ta e o

Signa e of person adminis n 9 th .A c e M m, :^$ i o A e )Kp 1/rea"

ta!ciurf/vJL

X. JUDGE CERTIFICATION

I hereby certify that above-noted applicant is unable to fill out and/or sign this financial disclosure/affidavit for the following reason:

I have determined that the applicant meets the criteria for receiving court appointed counsel.

Judge's Signature Date

OPD-206R rev. 9l2005

0 ICApLAN I KU Cam pusu^viv_EesiT^Y,I

HOME ' MY 3TUDIFS ; COIYIBIUNITY CENTER UNNEliSnY INFO

You are here: My Acaunt> My Financfal Aid Summary

My Financial Aid

Tuition and Fees

Nlaii I 3itemap IHelp ILogoutWelwme Gregory Cfmvera

MY TOOLS

+ NIY11CCdUNT

= Print Page

This irdormation is for yoir 2nd acadenic year, which goes from 01/07J20D9 to 081182009. Dufing your 2nd acedenec

year you have regiatered to take a total of 30 cred"ds. The ietal ood of tuiBw and fees for this academic year is

$10,380.00'".

Name: Gregory ChaversTuiqon rabe per credit hour $336.00 Total pmgram credits: 90

Carrent Program: XV..Rssoeiate of ApplFed Sdrence in Parak.x^l Studies

Tu'itlon Coverage

Based on yau fin•arroial aid, your tuition for the 2nd academtc year is being covered as foUowa:

Please keep in mtml that adding or deaeasing the number of cedds or dtanging your program of study may 4npact fhe

coat of yoar tuiuon for this acadenro year, as weW as for the arrpurria currenlly scheduled to cover 8. IFyou have n3centlydrarlged the nunber of tx'edits forwhich you ini8epy reg'stered, veriFy umr the infomufbn on this statement is aocurate. if

inearect, inmadiatety contact Kapian University's Financial Aid C)ffloe at 8fig.468.2008

Evelua6on docwnsrHs nwst indude U.S. eqaiveleney of the degree and/or dipbma, and a course-by-crourse equivalencyevatuetfon if the student desires to receive cred'd for inrBvidual couraes. Any costs incumed as a resuft of tlus service wlqbe the responsunty of 4m student, and may range irom appm*natety $50.00 to $150.00 U.S.

Search

enroument XV. Associate of App6ed Science In Paralegal SndNes

Academic2: 01I07/2009- 08/18/2009

Year.

OH01AJanuarv Tetm 2009Term start date: 01107C2009 Tarrn end date: 0311712009Credithaesllft term: 10 Rate per credit hour. $336.00Faes thft term: $100.00 TOaN ddtion ar►d tses ede term: g3,4eo.00

rt5 3/6/2009 8:43

Fund Amoahts

Fund Source

Federal Fandy Sabsdmad -Distanoe

Federal Famly Unu"Kbod- Distance

Pell Grant

TOTAL

8ahedtded Amount SchedeAed Oate Recetved Amowd

$1,154.99 01/0842009 $1,154.99

$1,914.98 0110612009 $1,914.98

$1,170_00 01R17f2009 $1,170.00

$4,289.97 $4,239.97

Reeeived Date

01/09/2009

01/0912009

01I26/2009

090?A. March Terg 2M

Term start date: 03f25/2009Credit hours 1Fda berm: 10Fees ihis temr $100.00

Term end date: 06I02JZ009Rata per credit hour. $336.00Tclal d4&m and fees this tenm: $3,46D.00

Fund Amouots

Fund 8ouroe Scheduled Amount Scheduled Da69 Received Amotmt Received Date (Federal Fartily Subsidized -

$1.154.99 03292008Distance

Federal Fam'ry/ Unsubeidaed$1,914.99 03252009

- DiStance

TOTAL $3,069.98

Tu+6on and fees for 8re 0902A Mxch Term2009 am esbnfts and nay be subpd to cAange.

0903A June Term 2009Term etatt data: 08I10l2009 Tenm end date: OB/18(Z009Crecut houm IAs 1e.m: 10 Ra60 per aredit hoia: $:398.00Fees ONs teen: $10D.00 Totel teitian and fees tlde lerm: $3,460.00

Fund Arrwueis

Fund Soume Sehedoled AmOMt Scheduled Daoe Reeeived Ameunt Received Date lFederal Family Sobsidized -

$1,155.02 OB/102009Dislence

Federal Fartlryr UnsubadmW$1 915.00 0BI10I2008

- Distance

TOTAL

,

$3,070.02

Turkm and fee.s forthe 08UQA June Tertn 2009 are esbaofts and may be su6jea to change.

>f5 3/612009 8:43 A

Acadertns Yaar Smmnary For 2008

Fund SamMe EkpecIed Amountfnr 2009 Amoant fteaived for X09 Total PendiYwDbbursement }

Federal Famly

Subsidiaed -

Distance (042FF8U$3.465.00 $1,154.90 $2,310.01

)Federat Fam7yUnsubsid'r[ed-

$5•744.97 $1,914.98 $3,829.99Distance(042FFUN )

PeN Grant (Pl3L ) $1,170.00 $1,170.00 $0.00

TOTAL $10,379-97 $4,239 97

"" Note: Remamber8rat in order to receiva Federal Stsftd Loans, you muat be enrolled for a minimun of 6 credit hours

In a term

During your award teEter review you a0reed to fie foNowing:

To be responsible for securing the appBcafion and taking necessary ac8ons to receive resourCes from all agenos3sor enployeis

To forv+ard the msounxs Rded above that com® dina;tly to you to Kaplan Univaisity as payment toward yourtuition.

To pnwide all reAerred finanaal aid dowwwWon in a f'unely ngnnerwAth the undersiandmg ttud iP thesedocuments are not received by the F'narroial Aid Offiae and yarr aid is canoefled you wfi be responsible 1ar theouMod'mg baPance on yotr sludent acoount.

You also agreed thet if a monthly payment or schaduied Vi4, m7iFary TA emplay®r tuifion assistence, or enployertuilion reindwrsement paymeM is not received you niim pay the schedued anaunf In the bm of a aedif card orcheck by phone paymenL Rememberthat you are suBjeot to be blocked fram access to grades at the end of theterm until any and afl ndssed payments tmve been satisfied

Tuition and Fees

Pftae pay a8 funds on their sclveduled date as g[ed and ananged wflh Kaplen Urirversity. All paymerds mist be made

no laierftn the 15ttr oteach n9onth.

Contad Student Accounts at 800.817.8272 ffyou want to make a payment or ask quastiom negardingyour payment.

Financial Aid Office

Tel: 888-5d2-7747 (Toll Free)Fax M-251-8727 (Toll Free)

Effol: flnaid@kaplan.edu

Houn;:Mon-Thus 9:00 am tD 9:00 pm ET

Fri9:00amto5:00pmET

if5 3/6l2009 8:43,

80CIAL SL+CU&TPY1985 EAGLE PAffiWOOSlM UH 44881

000D029ffi 01 AT 0896 BO6B,M4E,M420 0891773.Ii6=

0

GRECORY A cHAVPsRs400 MAIDEAr LANEwOO3PER OH 44691-=2

Social Security AdministrationSIIpplemeYltal Security Illt•.oY1®.eNotice of Change in Payment

Date: November 30, 2008Claim Number: 2844624212 DI

We are writamg to tell yoThabroe^st of t^h^swm tleter i i^^ill e1! you ore a^ ythisIncome (SS) payments .

change.

We explain how we figured the monthly payment amounts shown below on thelast of this letter. The e^I_anation shows how your income, other thanany ^payments, affects your 55I payment. It also shows how we decidedhow much of your income affects your payment amoiust. We includeexplanations only for months where payment amounts change.

Imforffiation About Your SSI Payments

® The amount due you beg'mning January 2009 win be $874.00.

® The amount due you is being raised because the law provides for anincrease in Suypletneutal Security Incame payments in January 2009 ifthere was an mcrease in the cost-of-living during the past year.

® The amount dae you as shown above is the amount we would send eachmonth if we were not recovering an overpayment. We wi11 continue to^^i3F^^ ^0 eSZ^r^td^iYt€-n.rin ^sI' {h^a ay rnerit-nf'^_i.&^Fremaining after January 2009 is recovere^d. Your payment will be$649.00 be^a m' g January 2009. Please get in touch with any SocialSecurity ai^ce if you disagree with the rate of withholding or if youprefer to make refimd.

Information About (}ther Benefits

We can sometunes pay more than just SSI payments. You may be able toreceive benefits froarn your parent's Social Security record if you meet thefollowing rules:

See Next PageS6A•I.B362

WPAB 1018

0021947pyME COUNTY DEPT OF JOB AND FANILY SERVICES

56 N. NORTR STREET

.0. BOX 76DOSTER 0R 446910000

viailing Date: 03/09/2009"'aseworker: PATRICIA A BOWLESPb.one: (330) 287-5800 Ext:

Dear GREGORY A CHAVERS

KEEP READING »>

SEQ# 0032330DflS 8523 (7tav. 6/08)

IMPORTANT NOTICE

(^{ u{^{ u{ ^{{u{^{nni{{ ^{u{ n{t{u{{m {^{{ {^ a{ { ^u^ {^{ ^{

GREGORY A CHAVERS400 MAIDEN LN

WOOSTER OH 44691-0000

Worker ID: WPAB85Case Number: 5030946270AG Name: GREGORY A CHAV'ERS

Page 1 of 5

PRINT SEQ. 0021947THIS SPACE FOR OFFICIAL USE ORLY 5030946270/FS /01 ROTICE T'PEc MC01I1

r rSearch Criteria Clear^Last Name CHAVERS

iFirst NameGREGS.S.N.D.O.B.Status ALLGroup

^Search ResultsParty

Case

Number

Case Type CRIMINAL(M)

CompanyParty TypeALL

S.S.N. Case Number Status

A CHAVERS, GREGORY A

A CHAVERS, GREGORY A

A CHAVERS, GREGORY A

A CHAVERS, GREGORY A

A CHAVERS, GREGORY A

A CHAVERS, GREGORY A

A CHAVERS, GREGORY A

A CHAVERS, GREGORY A

A CHAVERS, GREGORY A

284-62-421 CRA-02-12-00109 CLOSED2284-62-421 CRB-02-02-00030 CLOSED2284-62-421 CRB-02-07-001532284-62-421 CRB-02-12-000702284-62-421 CRB-04-01-000282284-62-421 CRB-06-10-016112284-62-421 CRB-06-10-016532284-62-421 CRB-08-09-013732284-62-421 CRB-08-09-013952

CLOSED

CLOSED

CLOSED

CLOSED

CLOSED

CLOSED

CLOSED

Begin Date

End DateDL NumberTicket #In AR

Case Non AR Plan In AR

AR Amount Due

Amount

Due

0.00 0.00

123.50 0.00

0.00 0.00

0.00 0.00

513.56 0.00

17.55 0.00

0.00 0.00

102.00 0.00

83.00 0.00

I

Totals:

839. 61 0.00 I

FSearch Criteria Clear

Last Name CHAVERS

First NameGREG

S.S.N.

D.O.B.

Status ALL

Group

rSearch ResultsParty

iA CHAVERS, GREGORY A

IA

I

CHAVERS, GREGORY A

A CHAVERS, GREGORY A

(A CHAVERS, GREGORY A

CaseNumberCase Type CRIMINAL(C)CompanyParty TypeALL

Begin Date

End Date

DL Number

Ticket #

In AR

S.S.N. Case Number Status Case Non AR Plan In AR

AR Amount Due

Amount

Due

284-62-421 03-CR-00072284-62-421 03-CR-02752284-62-421 06-CR-03922284-62-421 07-CR-01042

CLOSED

CLOSED

CLOSED

CLOSED

0.00 1,309.96

0.00 0.00

398.42 0.00

341.50 0.00

T

Totals:

739.92 1,309.96

I

IN THE WAYNE COUNTY MUNICIPAL COURTWOOSTER, OHIO

STATE OF OHIO Case No. CRB 08-09-1395

vs

Plaintiff

JUDGMENT ENTRYGREGORY A. CHAVERS

Defendant

This matter is before the Court upon defendant's motion for stay pending

appeal.

Upon the payment of a $350.00 cash bond, execution of sentence shall be

stayed pending appeal.

IT IS SO ORDERED.

Carol White Millhoan, Judge

February 24, 2009

IN THE WAYNE COUNTY MUNICIPAL COURTWOOSTER, OHIO

STATE OF OHIO Case No. CRB OS 0M,395C^ 1C .

Pl i tiff `==a n

vs-, N CC

GJ

GREGORY A. CHAVERS . JUDGMENT ENTRY

Defendant

This matter is before the Court upon defendanYs motion to waive costs and stay

sentence pending appeal based upon his affidavit of indigency.

Defendant's affidavit of indigency is incomplete. It addresses his disability

income only and does not address whether the defendant has other income or whether

there are other household members with income. The only expense listed is rent. Clearly,

the defendant has other expenses such as food, utilities, medical expenses and

transportation.

Given that the affidavit is complete, defendant's request to waive the deposit for

costs is denied.

Pursuant to Criminal Rule 46(C), 46(E), and .46(I-1), 'the Court shall modify bond to

$350.00 cash or surety. Upon payment of the bond, execution of sentence shall be stayed

pending appeal.

IT IS SO ORDERED.

C(>^^^^Carol White Millhoan, Judge

^^^^^AUZED March 9, 2009

20C9TIM NEHt.

PY ^ ^ .,.k - ^ 3 ^^D PUIY Ct E3^i{ c:"i f^,,r,ct<'^c o,•<<.:d^

STATE OF OHIO ) IN THE COURT OF APPEALS) ss: NINTH JUDICIAL DISTRICT

COUNTY OF WAYNE ) FILED9TH 019T-.ICT

COU^AI vF „FK4 LSSTATE OF OHIO 2009 FlflR 23 A,^l 7 23 C.A. NO. 09CA0012

Appellee TIH 0EAL

CLFf;R G;-)CGUP,TSv. )

)GREGORY A. CHAVERS )

)Appellant ) MAGISTRATE'S ORDER

The appellant has filed a motion to proceed in forma pauperis. Tbe affidavit of

indigency indicates appellant has sufficient funds to pay the deposit. The motion is

denied. Appellant shall pay the deposit on or before April 14, 2009. If the deposit is

not paid, the appeal will be dismissed. See Loc.R. 2(D).

^i

pab/3-20-09

C. Michael WalshMagistrate

FILER

STATE OF OHIO PTH DiSTRlCT IN THE COURT OF APPEALSC O:^gf 0 f"P C' ` f'LS NINTH JUDICIAL DISTRICT

COUNTY OF WAYNEjuog ^^RR 26 flM 711TIM NEAL

STATE OF OHIO CLERK OF COURT^ C.A. No. 09CA0012

Appellee

V.

GREGORY A. CHAVERS

Appellant JOURNAL ENTRY

Appellant has moved for a stay of the trial court's order pending appeal. The trial

court has previously granted appellant a stay upon his posting bond of $350.00 cash or !

surety. Appellant requests this Court to stay the trial court's order without the bond ;

requirement.

The motion for stay is denied.

Judge

Judge

Q)t .a ., .2

STATE OF OHIC ) IN THL. .,OURT OF APPEALS) ss: NINTH JUDICIAL DISTRICT

COUNTY OF WAYNE ^ ^ LE D)OTH DISTRICT

COUriT Ci= f,PPEALS

STATE OF OHIO ZqpS RpR 3) flM 7 Zy C.A. NO. 09CA0012

Appellee TIM)`lEALCLERK 0)F COURTS

v. )

))GREGORY A. CHAVERS

)Appellant ) JOURNAL ENTRY

On March 23, 2009, this Court denied appellant's motion to proceed in forma

pauperis, stating that the affidavit of indigency showed sufficient funds to pay the

deposit. Appellant has now filed a motion entitled "Motion for Reconsideration of the

Stay of Execution of Sentence Pending Appeal." Appellant attaches to that motion this

Court's March 23, 2009, order and asks that appellant be relieved from paying $350.00

in order to allow the appeal to proceed.

Appellant's motion appears to confuse the bond required to stay his sentence

with the costs deposit required to pay for the appeal. Because of that confusion and

because the substance of appellant's motion addresses the motion to proceed in forma

pauperis, we will treat appellant's motion as a motion to set aside the March 23, 2009,

Magistrate's Order. Upon review of appellant's updated affidavit of indigency, the

motion to proceed in forma pauperis is granted. Appellant has now complied with

Loc.R 2(C) and has demonstrated that he is unable to pay the costs deposit. This order,

however, does not affect or modify the trial court's March 9, 2009, order, to the extent

that order grants appellant a stay on the condition that he post $350.00 bond.

i

Journal Entry, C.A. No 09CA0012Page 2 of 2

Appellant has also filed a motion entitled "Motion to Reduce the Bond for Stay

of Execution of Sentence Pending Appeal." In that order, appellant asks that the

$350.00 bond be reduced. The motion is denied.

Judge