OH - Pike Co - 8 in Rhoden Family Murdered - 4 Wagner Family Members Arrested #89

  • #941
  • #942
Posted in Error
 
  • #943
Posted in Error
It seems fairly straightforward. The prosecution is appealing the decision by the visiting judge to basically throw out parts of the plea agreement that Jake had signed.

The appeals court ruled against the prosecution so, in most normal states, the decision would be appealed to the higher court. That's the Ohio Supreme Court. If they're saying they don't have jurisdiction, it would be another example of legal malpractice by the Ohio courts, JMO.

The Ohio judicial system has problems, particularly the Ohio Supreme Court. JMO
 
Last edited:
  • #944
It seems fairly straightforward. The prosecution is appealing the decision by the visiting judge to basically throw out parts of the plea agreement that Jake had signed.

The appeals court ruled against the prosecution so, in most normal states, the decision would be appealed to the higher court. That's the Ohio Supreme Court. If they're saying they don't have jurisdiction, it would be another example of legal malpractice by the Ohio courts, JMO.

The Ohio judicial system has problems, particularly the Ohio Supreme Court. JMO
But Hein is doing such a wonderful job of getting things sped up now. 🙄

[sarcasm]

JMO
 
  • #945
It seems fairly straightforward. The prosecution is appealing the decision by the visiting judge to basically throw out parts of the plea agreement that Jake had signed.

The appeals court ruled against the prosecution so, in most normal states, the decision would be appealed to the higher court. That's the Ohio Supreme Court. If they're saying they don't have jurisdiction, it would be another example of legal malpractice by the Ohio courts, JMO.

The Ohio judicial system has problems, particularly the Ohio Supreme Court. JMO
The appeals that have been filed are a little confusing to me. I think three assignments or error of her appeal on Jake's sentence is still with the lower appeals court to rule on. I think that 4th assignment of error, the lower court of appeals denied and then she filed with Supreme Court and now I think they have said they will not take jurisdiction on that 4th error or maybe it means denied. If they won't what court will since the court of appeals denied it? I am not positive I am correct, that is my interpretation.
 
  • #946
But Hein is doing such a wonderful job of getting things sped up now. 🙄

[sarcasm]

JMO
She may not win any of her appeals but she has prevented Hein from forcing her into a trial that would have started in January after he made a mess of the case. She probably needs to also have time to regroup as well as to try to undo what Hein did, since she may have to approach Billys trial differently.
 
  • #947
Big money from deep pockets are keeping things quiet. I’d never heard of the Strauss incident until the HBO documentary this year.
The Rhoden massacre was huge news statewide, nonstop for a very long time. It really does seem like once the arrests were made, the flow of information stopped. If not for Websleuths, I'd probably forget this case was still going on.
 
  • #948
The Rhoden massacre was huge news statewide, nonstop for a very long time. It really does seem like once the arrests were made, the flow of information stopped. If not for Websleuths, I'd probably forget this case was still going on.
It did not get the national coverage that it should have in my opinion, compared to other cases.
 
Last edited:
  • #949
This entire case has been maddening. If it had been anywhere but Appalachia, the outrage would be deafening.
 
  • #950
This Article list the 4 assignments of error that the State is appealing in Jake's sentence. It is an older article from June.

-The First Assignment of Error claims the trial court erred in imposing only two six-year firearm germs.
- The Second Assignment of Error argues the trial court erred in ordering that jail-time, credit be deducted from the forearm terms and from the sentences on the underlying counts.

According to documents filed with the Ohio Supreme Court, the first two Assignments of Error are appeals of rights and are pending in the Fourth District Court of Appeals.

-The Third Assignment of Error, stated that the trial court erred and abused its discretion by proceeding with the sentencing of Jake Wagner, a cooperating defendant, whose plea bargain agreement included his testimony in the trial of his father Billy Wagner, a co-defendant. That assignment is also pending in the Fourth District Court of Appeals after the district court granted an appeal of leave.
-The Fourth Assignment of Error argues the trial court erred and abused its discretion by ordering a concurrent minimum 20 year to life sentences for a defendant (Jake Wagner) convicted on eight counts of aggregated murder. The Fourth District Court of Appeals confirmed on May 23 that it had “fully disposed” of the Fourth Assignment of Error. The district court cited ORC 295.08 (D) (3) that states section 2958.08 does not allow appellate review of a sentence imposed for aggravated murder, according to documents filed with the Pike County Common Pleas Court on April 21.
 
  • #951
he district court cited ORC 295.08 (D) (3) that states section 2958.08 does not allow appellate review of a sentence imposed for aggravated murder, according to documents filed with the Pike County Common Pleas Court on April 21.
What a bizarre thing. An appeals court can't review a sentence imposed for aggravated murder? Does that mean it should go directly to the Ohio Supreme Court? What about death sentences?

I'm trying to look up the cited Section of the Ohio Revised Code, but am coming up with errors. I've tried 295.08 and 2958.08 but no dice. I'll keep looking.
 
  • #952
What a bizarre thing. An appeals court can't review a sentence imposed for aggravated murder? Does that mean it should go directly to the Ohio Supreme Court? What about death sentences?

I'm trying to look up the cited Section of the Ohio Revised Code, but am coming up with errors. I've tried 295.08 and 2958.08 but no dice. I'll keep looking.
Perhaps the article should have it as 2953.08? Maybe a typo as 2958.08.

The user's query "2958.08 ohio" likely refers to an incorrect citation for Ohio law. The search results repeatedly show references to Ohio Revised Code (R.C.) 2953.08, which deals with felony sentencing appeals, and R.C. 2951.08, which pertains to community control violations. The number 2958.08 does not appear to exist in Ohio law.
Here are the most probable intended references and their meanings:
Ohio Revised Code (R.C.) 2953.08: Appeal of felony sentences
This is the most common and likely intended reference. This statute governs the process for appealing a felony sentence in Ohio.
  • Key provisions:
    • Subdivision (A) allows a defendant who pleads guilty or no contest to appeal their sentence in a felony case.
    • Subdivision (D) indicates specific situations where an appellate court cannot review a sentence, such as an agreed-upon sentence or a mandatory sentence for aggravated murder.
    • Subdivision (G)(2) sets the standard of review for appellate courts. It states that an appellate court can only increase, reduce, or modify a sentence if it finds "by clear and convincing evidence" that the sentence is "contrary to law" or that the record does not support the trial court's sentencing findings.
 
  • #953
This entire case has been maddening. If it had been anywhere but Appalachia, the outrage would be deafening.

It was, until the Attorney General announced that a marijuana grow operation was found on Chris Sr's property and the public started tying the murders to Mexican Cartels.

This changed everything. Reward money was pulled, opportunities to fundraise dried up. Sympathy left.....

2 Cents
 
  • #954
Perhaps the article should have it as 2953.08? Maybe a typo as 2958.08.

The user's query "2958.08 ohio" likely refers to an incorrect citation for Ohio law. The search results repeatedly show references to Ohio Revised Code (R.C.) 2953.08, which deals with felony sentencing appeals, and R.C. 2951.08, which pertains to community control violations. The number 2958.08 does not appear to exist in Ohio law.
Here are the most probable intended references and their meanings:
Ohio Revised Code (R.C.) 2953.08: Appeal of felony sentences
This is the most common and likely intended reference. This statute governs the process for appealing a felony sentence in Ohio.
  • Key provisions:
    • Subdivision (A) allows a defendant who pleads guilty or no contest to appeal their sentence in a felony case.
    • Subdivision (D) indicates specific situations where an appellate court cannot review a sentence, such as an agreed-upon sentence or a mandatory sentence for aggravated murder.
    • Subdivision (G)(2) sets the standard of review for appellate courts. It states that an appellate court can only increase, reduce, or modify a sentence if it finds "by clear and convincing evidence" that the sentence is "contrary to law" or that the record does not support the trial court's sentencing findings.

Finally found it. This is such a convoluted excuse. I have the feeling this whole charade with Hein was something planned out quite a while ago. Before Jake decided to ask for a plea deal from the state.

I still think Billy will be convicted and Jake will spend his life in prison, one way or the other.

Imagine all the negative publicity in the US news media if Jake ends up keeping his revised sentence, allowing for parole. In the US, you can plan and carry out the execution of 8 innocent people and still be eligible for parole.
 
  • #955
Is it too late to take it national?? Where is a hungry young junk yard dog journalist? What are any of the local politicians doing? Take it to the DOJ? JD Vance can't give it some attention?? It needs new 'blood', no pun intended. Look at the sheriff/judge case in Kentucky, that's Appalachia too. The Karen Read case got attention from a local journalist. FWs influence doesn't go that far...
 
  • #956
Is it too late to take it national?? Where is a hungry young junk yard dog journalist? What are any of the local politicians doing? Take it to the DOJ? JD Vance can't give it some attention?? It needs new 'blood', no pun intended. Look at the sheriff/judge case in Kentucky, that's Appalachia too. The Karen Read case got attention from a local journalist. FWs influence doesn't go that far...
No, this is a good time to take it national. We should just reach out to the reporters who covered it before, during George’s trial. Angenette Levy should be interested. Also People Magazine.
 
  • #957

Finally found it. This is such a convoluted excuse. I have the feeling this whole charade with Hein was something planned out quite a while ago. Before Jake decided to ask for a plea deal from the state.

I still think Billy will be convicted and Jake will spend his life in prison, one way or the other.

Imagine all the negative publicity in the US news media if Jake ends up keeping his revised sentence, allowing for parole. In the US, you can plan and carry out the execution of 8 innocent people and still be eligible for parole.

The disrespect to the victims and their families by a trial court Judge is beyond anything I've ever witnessed before. 🤯

Until any changes here, l'm going to trust that similar to the Menendez case, the Parole Board will exercise better judgment for the victims-- and the community at large, than the Court did. MOO
 
  • #958
No, this is a good time to take it national. We should just reach out to the reporters who covered it before, during George’s trial. Angenette Levy should be interested. Also People Magazine.
Yes AL should pick it up again if not for the fact that this NEW judge is off the rails. Get it in the news again!! Look at the random cases that have gotten new attention like the Chrisley couple??? A couple of grifters.
This is about the murder of 8 people. The area or the lifestyle should have nothing to do with it. I don't doubt that AC has done all in her power to get this case justice. There has got to be a cog in this wheel that is unknown and comfortable with how it has always been done. Like a lot of places the layers of corruption and self serving dynasties are comfortable and see no reason to change. Justified to look the other way.

I'm sure there are legal reasons and this because of that, etc. that I don't know or hope to understand but this needs to be looked at again from the beginning!!
 
  • #959
Is it too late to take it national?? Where is a hungry young junk yard dog journalist? What are any of the local politicians doing? Take it to the DOJ? JD Vance can't give it some attention?? It needs new 'blood', no pun intended. Look at the sheriff/judge case in Kentucky, that's Appalachia too. The Karen Read case got attention from a local journalist. FWs influence doesn't go that far...

Derek Myers is back at the Scioto Guardian and would jump at the opportunity JMO ;)🤨

ETA:
Here is a quote from him when he returned.

"As we know, one thing I know how to do — and do well is the news, and it’s time for the news to come back."
 
Last edited:
  • #960

Members online

Online statistics

Members online
53
Guests online
2,023
Total visitors
2,076

Forum statistics

Threads
633,149
Messages
18,636,405
Members
243,412
Latest member
9hf6u
Back
Top