Notes

Toledo Blade, Monday, 12 Sep 1977
"A second man was arrested Sunday in connection. . ."

Common Pleas Court Criminal Appearance Docket, No. 124
All notes refer to Ustaszewski, except where otherwise noted.

Sept 14 - ORIGINAL indictment for AGGRAVATED MURDER. . .

Sept 23 - Pursuant to the command hereof, I did on the 16th [sic] day of September, 1977, arrest within the named defendant, Michael Ustasaewski [sic] and now have in my custody for safe keeping. And on the 16th day of September, 1977, I also served a true and certified copy of the indictment found against said defendant. DONALD T. HICKEY, Sheriff.

Sept 26 - Carl Kuhnle is hereby appointed counsel for the defendant.
Sept 26 - At the request of counsel for the defendant, case continued to September 30, 1977, at 9:00 a.m. for arraignment.
Sept 26 - Attorney, Carl Kuhnle is hereby appointed as counsel for the defendant.
Sept 27 - At the request of counsel for defendant, case continued to September 30, 1977, for arraignment.

Sept 30 - Defendant present in court with counsel, Carl Kuhnle; State of Ohio represented by David Cooper, Asst. Pros. Attorney.

Oct 19 - Motion to Compel Defendants to Submit to Blood Testing, filed.

Nov 9 - Motion to Suppress, filed.

Nov 18 - Order, filed.

Nov 22 - Defendant present in court with counsel, Carl Kuhnle. . . Hearing had on request of counsel for information to be supplied by the Lucas County Welfare Department. Request of counsel granted. Welfare Department is ordered to supply the information to counsel for defendant and the Prosecutor.

Nov 23 - Defendant present in court with counsel, Carl Kuhnle. . . Case called for hearing on motion to suppress. Witness sworn; evidence adduced. Arguments presented. Motion granted in part and overruled in part. Trial date of November 28, 1977 confirmed.

Nov 28 - Defendant present in court with counsel, Carl Kuhnle. . . At the request of the State of Ohio and with the consent of counsel for defendant, trial date vacated. Case rescheduled for trial December 19, 1977, at 9 a.m. Defendant ordered released on his own recognizance. [Bolding mine]

Nov 28 - Recognizance of Accused, filed.

Dec 2 - Defendant present in court with counsel, Carl Kuhnle. . . Case called for hearing on motion to compel hair sampling. Hearing had. Motion granted by consent.

Dec 9 - Co-defendant Morris waives trial by jury. [Morris]

Dec 12 - "Case called for trial by a panel of three judges consisting of Hon. Peter M. Handwork, The Hon. Reno R. Riley, Jr., and the Hon. Robert V. Franklin, Jr." [Morris]

Dec 13 - "...this three-judge panel found defendant guilty of aggravated murder. . . . committed to the Department of Correction and Rehabilitation of the State of Ohio for transfer to the Ohio Penitentiary at Lucasville where he will serve the balance of his natural life. . ." [Morris]

Dec 16 - Hearing had on State of Ohio's request for revocation of the OR bond in this matter. Carl Kuhnle present on behalf of defendant. . . Request denied.

Dec 19 - Case called for trial. Court Reporter Ordered. Defendant, Michael W. Ustaszewski, present in court with counsel, Carl Kuhnle. . . Jury empaneled and sworn. Evidence adduced.

Dec 20 - Trial resumed. Evidence adduced.

Dec 21 - Trial resumed. Evidence adduced. Closing arguments of counsel concluded. Court charged the jury. Jury retired to consider its verdict at 1:00 o'clock p.m. and at 4:40 p.m. returned with a verdict as follows: "For verdict find and say that we find the defendant, Michael W. Ustaszewski, guilty of aggravated murder." 12 jurors concurreing [sic] therein. At the request of the defense the jury was polled and each juror indicated that the verdict read was his/her verdict. Whereupon, the Court inquired of the defendant if he had anything to sat [sic] before judgment is pronounced; defendant made certain statements. it is ordered . . . for the rest of his natural life.

Dec 28 - Notice of Appeal and praecipe filed.

Dec 29 - Attorney Kenneth Rohrs appointed to represent defendant for purposed of appeal.

Apr 7 [1978] - Transcript of Proceedings, filed. Certified to the Court of Appeals.

//END//

Common Pleas Court, Lucas County, OHIO,
Trial Docket Orders and Motion Docket Entries

2-21-79 - Mandate from the Court of Appeals affirming decision of Common Pleas Court filed.

6-14-83 - Motion to Proceed in Forma Pauperis in Postconviction Proceedings, filed.

6-14-83 - Postconviction Petition, filed.

6-30-83 - Motion to dismiss postconviction petition filed.

7-25-83 - Motion for friend and power of attorney filed.

7-26-83 - Motion for subpoena to produce witnesses at hearing filed.

7-27-83 - Since Larry Dean Robinson is not admitted to the practice of law in the State of Ohio, therefore not permitted to practice in this court, request for subpoena is found not well taken and is hereby denied.

8-3-83 - The motion of the State of Ohio to dismiss the defendant's petition for post-conviction relief found well taken and is hereby granted.

8-22-83 - Petition for Writ of Habeas Corpus and Memorandum, filed.

8-22-83 - Motion for Free Copying Service, filed.

8-22-83 - Motion to Proceed in Forma Pauperis in Habeas Corpus Proceedings, filed.

8/23/83 - Application for a writ of habeas corpus filed in the wrong jurisdiction and is hereby dismissed.

9-28-83 - Notice of Aopeal [sic] filed. Prosecutor notified.

9-30-83 - Motion to Proceed in Forma Pauperis in Postconviction Proceedings, filed.

9-30-83 - Petition to Vacate or set Aside Sentence, and Affidavit of Indigency, filed.

10-13-83 - Motions filed 7/30/83 over ruled. See entry of 8/3/83

10-17-83 - Petitioner's Motion for Judgment in Default, in Postconviction Proceedings, filed.

10-18-83 - Petitioner's motion for a default judgment denied.

10-27-83 - Motion for Judge to Disqualify Himself on Gounds [sic] of Bias and Prejudice and Affidavit, filed.

12-2-83 - Mandate Affirming Decision of Common Pleas, filed.

1-18-84 - Notice sent to Supreme Court of Ohio by Certified Mail. . .

1-18-84 - Return Receipt. . .

3-12-84 - Pursuant to the court's ruling of October 13, 1983, which denied defendant's petition for post-conviction relief filed September 30, 1983, findings of fact and conclusions of law (file-stamped March 7, 1984) are ordered filed instanter.

3-26-84 - Notice of Appeal, filed. Prosecutor notified.

3-26-84 - Praecipe, filed. Court reporter notified.

5-1-84 - Mandate from Supreme Court Overruling Motion for Leave to Appeal from the Court of Appeals, filed.

5-1-84 - Mandate from Supreme Court Dismissing Appeal from the Court of Appeals, filed.

6-22-84 - Mandate Affirming Decision of Common Please, filed.

A visit to the Criminal File room at the Lucas County Courthouse on Tuesday, 1 Sep 2009, resulted in no records dating from 6/22/84 until 11/13/1998.

//END//

Clerk of Courts Docket - electronic

11-13-1998 - Case cont'd from Manual Docket
Please see the HP-3000 and.or the paper Appearance Docket for information on events which occurred prior to July 1, 1997.
[As above, no records after 6/22/84, but before either 7/1/97 or 11/13/98 were found.]

1998 records refer to Morris.

10-28-2004 - Motion, application for DNA testing, filed by Professor Mark Godsey, University of Cincinnati, Prosecutor notified.

10-28-2004 - Various motions, etc., were filed/heard between the this date and 2/1/2006.

2-1-2006 - The judgment of the Lucas County Court of Common Pleas is reversed and we therefore remand this case to the trial court to make findings that comport with the thoroughness mandated by this statutory scheme.

2-1-2006 - Various motions, etc. were filed/heard between this date and 1/30/2008, when the electronic docket ceases.

//END//

Court of Appeals of Ohio, Sixth District, Lucas County, State of Ohio Appellee v. Michael W. Ustaszewski Appellant, No. L-05-1226, Jan. 27, 2006.
 
The Court of Appeals, Singer, P.J., held that State's responsive pleading failed to demonstrate reasonable diligence in locating DNA evidence. Reversed and remanded.

Supreme Court of Ohio, State v. Ustaszewski, NO. 2008-1233, September 10, 2008
On motion for leave to file delayed appeal. Motion denied.

Supreme Court of Ohio, State v. Ustaszewski, December 03, 2008
On motion for reconsideration. Motion denied.

See here and here for electronic dockets.