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State v. Shaskus

Court of Appeals of Ohio, Tenth District

June 4, 2019

State of Ohio, Plaintiff-Appellee,
v.
James F. Shaskus, Defendant-Appellant.

          APPEAL from the Franklin County C.P.C. No. 13CR-4970 Court of Common Pleas

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Seth L. Gilbert, for appellee.

          Dennis C. Belli, for appellant.

         Argued:

          Seth L. Gilbert.

          Dennis C. Belli.

          DECISION

          DORRIAN, J.

         {¶ 1} Defendant-appellant, James F. Shaskus, appeals from a judgment of conviction and sentence entered by the Franklin County Court of Common Pleas pursuant to no contest pleas to five counts of pandering sexually oriented matter involving a minor. For the following reasons, we affirm.

         I. Facts and Procedural History

         {¶ 2} On September 18, 2013, Shaskus was indicted on five counts of pandering sexually oriented matter involving a minor, in violation of R.C. 2907.322. On April 18, 2014, Shaskus filed a motion to suppress: (1) e-mail messages from the account of "jack.flash75@yahoo.com" (the "Jack Flash account") obtained from Yahoo, Inc. ("Yahoo"), pursuant to a search warrant issued October 21, 2011 (the "Yahoo warrant"), and (2) digital images, data, and e-mails stored on the hard drive of a computer seized from his residence, pursuant to a search warrant issued November 14, 2011 (the "residence warrant"). The trial court conducted a hearing on the motion to suppress, and heard testimony from David R. Hunt, formerly a detective with the Franklin County Sheriffs Office, regarding the investigation that led to the search warrants. The trial court also heard testimony from Shaskus. Following the hearing, the trial court issued a decision granting the motion to suppress the e-mail messages from the Jack Flash account, finding the Yahoo warrant was overbroad.

         {¶ 3} Plaintiff-appellee, State of Ohio, appealed to this court; we held the Yahoo warrant was not impermissibly overbroad and reversed the trial court's decision granting the motion to suppress the evidence obtained from the Jack Flash account. State v. Shaskus, 10th Dist. No. 14AP-812, 2016-Ohio-7942, ¶ 56, 60. We expressly noted the trial court had not reached the merits of Shaskus's challenge to the residence warrant and indicated the trial court should decide that issue in the first instance on remand. Id. at ¶ 60, fn. 2.

         {¶ 4} On remand, the parties submitted memoranda regarding suppression of evidence obtained pursuant to the residence warrant and the trial court conducted a hearing where counsel presented arguments, but no additional evidence was taken. Following the hearing, the trial court denied the motion to suppress the evidence seized pursuant to the residence warrant. Shaskus then entered no contest pleas to all five charges in the indictment, and the trial court imposed one year of community control.

         II. ...


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