Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
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
J. BOYLE, J.
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
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
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
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.
Finding no merit to his appeal, we affirm.
Procedural History ...