Harman v. Emrich, Unpublished Decision (2-12-2001)
Harman v. Emrich, Unpublished Decision (2-12-2001)
Opinion of the Court
OPINION
Appellant Donald Harman appeals the decision of the Stark County Court of Common Pleas that directed a verdict in favor of Appellee Martin Emrich at the conclusion of appellant's case. The following facts give rise to this appeal. Appellant Donald Harman filed a complaint against Appellee Martin Emrich on October 1, 1996. In his complaint, appellant set forth various claims as a result of appellee's legal representation of him in several criminal and civil matters. The Mahoning County Court of Common Pleas transferred this matter to the Stark County Court of Common Pleas on June 19, 2000. The Ohio Supreme Court appointed a visiting judge to hear this matter on July 3, 2000. The trial commenced on October 2, 2000. At the conclusion of appellant's case, appellee moved for a directed verdict. The trial court granted appellee's motion because appellant failed to present expert testimony on his claim for legal malpractice. Appellant filed a notice of appeal and sets forth the following assignments of error for our consideration.I. APPELLANT WAS DENIED DUE PROCESS OF LAW AND EQUAL PROTECTION AND HIS STATE AND FEDERAL RIGHT TO ACCESS TO THE COURTS WAS EFFECTIVELY DENIED WHEN HE WAS REFUSED A TRIAL TRANSCRIPT OF THE PROCEEDINGS DUE TO HIS FINANCIAL INABILITY TO PAY FOR SAID TRANSCRIPT, POVERTY SHOULD NOT BE USED TO DENY ACCESS TO THE COURTS AND APPEAL COURTS OF OHIO. SUCH DENIAL IS IN VIOLATION OF THE
FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ARTICLEI , SEC.16 OF THE OHIO CONSTITUTION AND JUSTIACE (SIC) FOR ALL ACT.II. TRIAL COURT COMMITTED REVERSABLE (SIC) ERROR BY HAVING EX PARTE MEETINGS WITH THE APPELLEE AND GRANTING A CHANGE OF VENUE IN VIOLATION WITH STANDARD RULES OF PROCEDURE AND OHIO LAW.
III. TRIAL COURT VISITING JUDGE MARY CACIOPPO WAS PRIOR TO THE TRIAL AND DURING THE TRIAL OPENLY BIASED BECAUSE APPELLANT CONTACTED THE FEDERAL OFFICIALS ABOUT THE APPELLEE AND MAHONING COUNTY PROSECUTOR EXTORTING HIM AND OTHER CRIMINAL DEFENDANT'S (SIC) OUT OF MONEY.
IV. TRIAL COURT ERRED AS A MATTER OF CURRENT LAW WHEN IT REFUSED TO ALLOW THE APPELLANT TO DISCREDIT THE APPELLEE PURSUANT TO RULE OF EVIDENCE 609, KNOWING THAT APPELLEE HAD IN U.S. DISTRICT COURT PLEAD GUILTY TO THE SAME ALLEGATIONS CONTAINED WITHIN THE COMPLAINT.
V. TRIAL COURT ERRED AS A MATTER OF LAW WHEN IT ALLOWED APPELLEE TO INTRODUCE EVIDENCE OVER THE OBJECTION OF THE APPELLANT'S PAST RECORD. BUT, REFUSED TO ALLOW EVIDENCE OF APPELLEE'S RECORD.
VI. TRIAL COURT ERRED AS A MATTER OF LAW WHEN IT REFUSED TO ALLOW THE APPELLANT TO CALL AS A WITNESS THE STARK COUNTY RECORDER OR GRANT TO APPELLANT A CONTINUANCE UNTIL THE NEXT DAY.
VII. TRIAL COURT ERRED AS A MATTER OF LAW WHEN AFTER REFUSING A CONTINUANCE FORCED THE APPELLANT TO REST. WHEN APPELLEE HAD WITHDREW AS COUNSEL ON SEPTEMBER 29TH, 1995 THREE DAYS PRIOR TO THESE IMPROPER AND ILLEGAL ACTION'S (SIC). NO ATTORNEY-CLIENT BREACH OF DUTY.
VIII. THE TRIAL COURT ERRED AS A MATTER OF LAW WHEN IT DIRECTED A VERDICT IN FAVOR FOR (SIC) APPELLEE WHEN THERE WAS AMPLE EVIDENCE OF MISCONDUCT, FORGERY, AND THEFT OF FUNDS ALONG WITH GOLD JEWELRY.
Accordingly, appellant's First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth Assignments of Error are overruled. For the foregoing reasons, the judgment of the Court of Common Pleas, Stark County, Ohio, is hereby affirmed.
Wise, J. Gwin, P.J., and Edwards, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.