Cuyahoga County

Ohio Supreme Court reinstates Cleveland man's felony conviction for domestic violence

1/16/2014

COLUMBUS, Ohio -- The Ohio Supreme Court on Wednesday overruled an appellate court in Cuyahoga County and reinstated a Cleveland man’s conviction for felony-level domestic violence.

The case, involving a man named Timothy Tate, hinged on whether satisfactory proof had been presented of Tate’s previous convictions for domestic violence for the lower court to convict him of a felony, rather than a misdemeanor.

The court, in a unanimous opinion ruled that Tate had stipulated at trial to the authenticity of two prior domestic violence charges. The decision reversed the Eighth District Court of Appeals, which had misread the stipulation and ordered the trial court to reduce the conviction to a misdemeanor.

In his opinion, Justice Terrence O’Donnell wrote that Timothy Tate’s attorney stipulated (agreed) to the authenticity of Tate’s two prior domestic violence convictions, which elevated his offense in this case from a misdemeanor to a felony.

The court reversed a decision of the Eighth District Court of Appeals, which had misread a stipulation and ordered the trial court to reduce the conviction to a misdemeanor.

Read the full article at Cleveland.com

Read the opinion of the Ohio Supreme Court