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Village of North Kingsville v. Beals

Court of Appeals of Ohio, Eleventh District, Ashtabula

July 30, 2018

VILLAGE OF NORTH KINGSVILLE, Plaintiff-Appellee,
v.
HOLLI L. BEALS, Defendant-Appellant.

          Criminal Appeal from the Ashtabula County Court, Eastern District, Case No. 2017 TRD 01046 E. Judgment: Affirmed.

          Harold Specht, Assistant Prosecutor, Ashtabula County Courthouse (For Plaintiff-Appellee).

          Holli L. Beals, pro se, (Defendant-Appellant).

          OPINION

          CYNTHIA WESTCOTT RICE, J.

         {¶1} Appellant, Holli L. Beals, pro se, appeals her conviction in the Ashtabula County Court, Eastern District, for reckless operation of a motor vehicle and a marked lane violation. At issue is whether the violations of the Ohio Rules of Appellate Procedure reflected in appellant's appellate brief are serious enough to warrant the summary affirmance of the trial court's judgment. For the reasons that follow, we affirm.

         {¶2} Appellant was charged via citation with reckless operation, in violation of Ord. 333.09(A), and a marked lane violation, in violation of Ord. 331.08. Appellant, appearing pro se, pled not guilty and the case proceeded to a bench trial. Following the trial, the trial court found appellant guilty of both charges and sentenced her.

         {¶3} Appellant appeals her conviction, asserting two assignments of error, as follows:

         {¶4} "[1.] The trial court allowed witness (Ms. Sullivan) who also was committing the same crimes to testify. By the way the Officer Krenisky (sic) stated she also was in the wrong doing the same thing Beals was doing.

         {¶5} "[2.] The trail (sic) court did not take into consideration that Ms. Sullivan tried to cause an accident with Holli Beals to hit her in the rear by slamming her brakes on that was the reason for going over the double yellow lines."

         {¶6} Appellant's appellate brief does not comply with the Ohio Rules of Appellate Procedure in several respects. Her brief does not contain a table of cases, statutes, and other authorities cited, with references to the pages of the brief where cited; a statement of facts supported by references to the record; or a separate argument, with citations to legal authority, in support of each assignment of error, in violation of App.R. 12(A)(2), 16(A)(2), (6), and (7).

         {¶7} In Cook v. Wilson, 165 Ohio App.3d 202, 2006-Ohio-234 (10th Dist.), the appellant failed to argue each assignment of error separately, as required by App.R. 12(A)(2) and App.R. 16(A)(7). The Tenth District stated:

         {¶8} The purpose behind the rule is to require the appellant to specifically identify the error the appellant claims occurred and the portion of the record that supports the claim of error. Courts of appeals "cannot and will not search the record in order to make arguments on appellants] behalf." Helman v. EPL Prolong, Inc., 139 Ohio App.3d 231, 240 (7th Dist.2000).

         {¶9} * * * App.R. 12(A)(2) recognizes this need for clarity and requires that assignments of error be argued separately. The failure to argue separately assigned errors is grounds for summary affirmance. Guerry v. Guerry, 8th Dist. Cuyahoga No. 77819, 2001 WL 1230830 (Oct. 11, 2001). See Helman, supra, at 239-240. Cook, supra, at ¶15-16.

         {¶10} Here, appellant failed to separately argue her assignments of error by setting forth an argument containing her contentions with respect to each assignment of error and the reasons in support of the contentions, with citations to the authorities, statutes, and parts of ...


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