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Moore v. Russo

Court of Appeals of Ohio, Eighth District, Cuyahoga

December 21, 2017

ROBERT MOORE, III PLAINTIFF-APPELLANT
v.
JUDGE JOHN J. RUSSO DEFENDANT-APPELLEE

         Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-16-860606

          FOR APPELLANT Robert Moore, III, pro se.

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor BY: Jennifer Meyer Assistant County Prosecutor Justice Center

          BEFORE: Boyle, J., E.T. Gallagher, P.J., and Laster Mays, J.

          JOURNAL ENTRY AND OPINION

          MARY J. BOYLE, J.

         {¶1} Plaintiff-appellant, Robert Moore, III, appeals from the trial court's judgment dismissing his case against defendant-appellee, Judge John J. Russo. Moore raises six assignments of error for our review:

1. Assigned Judge Reinbold's judgment entry and order was not a final-orders pursuant to Crim.R. 32(B) and (C), because Judge Reinbold had failed to sign his judgment entry after he dismissed the case with prejudice and his order was never time-stamped by the clerk.
2. Judge Reinbold erred in dismissing Moore's complaint seeking injunction relief under Civ.R. 12(B)(6) without ruling on the existing controversy and the merits of the complaint.
3. Defendant Judge Russo committed plain reversible error where he clearly breached Moore's plea agreement when defendant Russo imposed a 9-year sentence than the negotiated plea-agreement the appellant had with the state prosecutor.
4. A plea agreement is a contract that all state agencies including defendant Judge Russo had to honor and defendant erred when he failed to honor the agreement appellant Moore had made with the state prosecutor thereby breaching the contract agreement.
5. Defendant Judge Russo erred by refusing to enforce the plea agreement after the defendant Judge Russo accepted the agreement on the record while in open court and failed to enforce the plea agreement pursuant to the principles of contract law.
6. Defendant Judge Russo erred when he imposed a thirteen-year sentence at the conclusion of the sentencing and prejudicial error was committed when Judge Russo ran the Crim.R. 11 sentence concurrent with the jury trial sentence and defendant Judge Russo committed harmful error for making a plea agreement with the state prosecutor to let the jurors guilty verdict trial become a part of the appellant's Crim.R. 11 trial was harmful error and both convictions and sentence must be vacated.

         {¶2} Finding no merit to his appeal, we affirm.

         I. Procedural History ...


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