Education

• St. Clairsville High School - High School Diploma (1997)
• Ohio University Eastern – Associate in Arts (1997)
• Marietta College – Bachelor of Arts (1999)
  • Magna Cum Laude
  • College Honors
  • Psychology Major, History Minor
• Claude W. Pettit College of Law, Ohio Northern University – Juris Doctor (2003)
  • Law Review – Lead Articles Research Editor
  • Top 1/3rd of class
  • Externship at the Supreme Court of Ohio

Awards and Achievements

• American Bankruptcy Institute Certificate of Excellence in Bankruptcy (2003)
• Excellence for the Future Award by the Center for Computer-Assisted Legal Instruction (2003)
• Phi Alpha Theta History Award (1999)
• Phi Beta Delta Honor Society for International Scholars (2002)
• Psi Chi – The National Honor Society in Psychology (lifetime member)
• Volunteer Income Tax Assistance Program (“VITA”), Pettit College of Law, Ohio Northern University (2002)
• Dean’s List, Pettit College of Law, Ohio Northern University, two-time recipient

Letters of Recognition

• Letter from James F. Companion, Esq. of Schrader Byrd & Companion, PLLC
• Letter from John Paul Christoff, Esq., Associate Dean and Professor of Law, Pettit College of Law, Ohio Northern University
• Letter from the Hon. Evelyn Lundberg Stratton, former Justice of the Ohio Supreme Court

Publication

Ohio’s Government Bar Rule V: Innovation or Derogation?  Ohio Northern University Law Review, Volume XXX, Number 1 (2004)

Licensures and Admissions

• Licensed in the State of Ohio (November 10, 2003)
• Licensed in the State of West Virginia (May 13, 2004)
• Licensed in the Commonwealth of Pennsylvania (June 1, 2010)
• Admitted and qualified in the Fourth Circuit Court of Appeals  (September 16, 2004)
• Admitted and qualified in the Sixth Circuit Court of Appeals (November 18, 2016)
• Admitted and qualified in the United States District Court for the Northern District of Ohio (December 12, 2006)
• Admitted and qualified in the United States District Court for the Southern District of Ohio (July 1, 2009)
• Admitted and qualified in the United States District Court for the Northern District of West Virginia (June 9, 2004)
• Admitted and qualified in the United States District Court for the Southern District of West Virginia (May 13, 2004)
• Admitted and qualified in the United States District Court for the Western District of Pennsylvania (July 11, 2012)
• Admitted and qualified in the United States Bankruptcy Court for the Southern District of Ohio
• Admitted and qualified in the United States Bankruptcy Court for the Northern District of West Virginia

Trials

Criminal Law Trials

• State of West Virginia vs David Sullivan, Hancock County Circuit Court (2021), (lead counsel)
• State of Ohio vs Benjamin Cutlip, Belmont County Court of Common Pleas (2021), (sole counsel)
• State of West Virginia vs Dartanyon Bloodshaw, Ohio County Circuit Court (2020), (sole counsel)
• State of Ohio vs Karen Neff, Belmont County Court of Common Pleas (2019), (sole counsel)
• State of Ohio vs Laron East, Belmont County Court of Common Pleas (2017), (sole counsel)
• State of Ohio vs Douglas Smith, Belmont County Court of Common Pleas (2015), (sole counsel)
• State of Ohio vs Ricky McGuire, Belmont County Court of Common Pleas (2015), (sole counsel)
• State of Ohio vs Janice Dripcheck, Belmont County Court – Northern Division (2015), (sole counsel)
• State of Ohio vs John Peterson, Monroe County Court of Common Pleas (2016), (sole counsel)
• State of West Virginia vs Richard Charnock, Ohio County Circuit Court (2010), (co-counsel)
• State of West Virginia vs David McDonald, Ohio County Circuit Court (2012), (sole counsel)
• State of West Virginia vs David Wilson, Brooke County Magistrate Court (2014), (sole counsel)
• State of West Virginia vs David Lee, Ohio County Magistrate Court (2014), (sole counsel)

Deed Contest

• William Stephens et al. vs William Yavelak et ux., Belmont County Court of Common Pleas (2021), (co-counsel)

Personal Injury / Medical Malpractice Trial

• Pamela Burkhart et ux vs Christopher Burns, DC et al., Belmont County Court of Common Pleas (2016), (co-counsel)

Personal Injury / Motor Vehicle Accident Trial

• Sheila Plagge vs Rick Dare, Belmont County Court of Common Pleas (2013), (sole counsel)

Ohio Appellate Decisions from the Seventh District Court of Appeals, Intermediate Appellate District

• Ohio vs Welch, Case No. 20 BE 0029, 2021-Ohio-2487, 2021 Ohio App. LEXIS 2452 (7th Dist. Ct. App., July 6, 2021)
  • Holdings: The trial court erred by imposing a mandatory post-release control sentence upon the defendant because under R.C. 2967.28(C), both of defendant's fourth-degree felony convictions were subject to discretionary post release control and under R.C. 2967.28(B)(1), (3), defendant's third-degree possession conviction was not an offense of violence or a sex offense, and therefore it was also subject to a three-year discretionary term of post release control.
  • Outcome: Judgment reversed and case remanded for limited resentencing hearing.
• State vs Wells, Case No. 20 BE 0036, 2021-Ohio-2243 *| 2021 Ohio App. LEXIS 2318 (7th Dist. Ct. App., Jun. 28, 2021)
  • Holdings: [1]-On appeal against sentence, the trial court erred in ordering defendant to serve her felony prison sentence consecutive to the probation violation sentence on a misdemeanor that she was already serving because the first sentence of R.C. 2929.41(A) made no exception or distinction for the situation in the case, where one of the sentences was for a probation violation; [2]-Defendant's maximum sentence was not contrary to law nor was there clear and convincing evidence that did not support the trial court's findings because the trial court reviewed the principles and purposes of sentence pursuant to R.C. 2929.11 and R.C. 2929.12, correspondence from defendant, correspondence from human officer, and the presentence investigation.
  • Outcome: Judgment affirmed in part, reversed in part and modified.
• State vs Foster, Case No. 20 BE 0016, 2021-Ohio-2341, 2021 Ohio App. LEXIS 2326 (7^th Dist. Ct. App., Jun. 14, 2021)
• State vs Harmon, Case No. 20 CO 0006, 2021-Ohio-2013, 2021 Ohio App. LEXIS 1994 (7^th Dist. Ct. App., June 11, 2021)
  • Holdings: [1]-The record is devoid of any evidence that the trial court abused its discretion in denying defendant’s oral motion to withdraw his guilty plea made on the day of his sentencing because he appeared with counsel and was given a sufficient hearing on the oral motion to withdraw his plea. Defendant never asserted innocence or a complete defense and appeared to have had a mere change of heart, which was not sufficient to justify permitting him to withdraw his plea; [2]-Defendant’s sentence was contrary to law insofar as the trial court erred in not making the findings set forth in R.C. 2929.14(C)(4), which were required for the imposition of consecutive sentences. The trial court never even mentioned R.C. 2929.14(C)(4) at the sentencing hearing or the sentencing entries.
  • Outcome: Affirmed in part. vacated and remanded in part.
• State vs McGarry, Case No. 19 BE 0049, 2021-Ohio-1281, 2021 Ohio App. LEXIS 1263 (7th Dist. Ct. App., Mar. 31, 2021)
• State vs Zepernick, Case No. 20 CO 0008, 2021-Ohio-719, 2021 Ohio App. LEXIS 724 (7th Dist. Ct. App., Mar. 4, 2021)
• State vs Clark, Case No. 19 BE 0037, 2020-Ohio-5588, 2020 Ohio App. LEXIS 4461 (7th Dist. Ct. App., Nov. 30, 2021)
• State vs Collins, Case No. 18 BE 0047, 2020-Ohio-3356, 155 N.E.3d 232, 2020 Ohio App. LEXIS 2287 (7th Dist. Ct. App., Jun. 10, 2020)
• State vs Hill, Case No. 18 BE 0037, 2019-Ohio-4079, 2019 Ohio App. LEXIS 4202 (7th Dist. Ct. App., Sep. 20, 2019)
  • Holdings: No mention of the "jury" or the "jury trial" was made during the portion of the colloquy required by Crim.R. 11(C)(2) when the trial court both informed defendant and determined that he understood that, by the plea, he was waiving his constitutional rights. The general reference to a scheduled jury trial, and the reference to the jury during the Alford portion of the defendant's plea colloquy, were insufficient to create an ambiguity regarding defendant's understanding that he was waiving his right to a jury trial. Therefore, the court could not rely on defendant's waiver in the written plea agreement to validate his plea. As a consequence, defendant's plea was not knowingly and intelligently entered, and was vacated.
  • Outcome: Defendant's conviction and sentence were vacated, and the matter was remanded.
• State vs Rudai, Case No. 18 BE 0002, 2018-Ohio-4464, 2018 Ohio App. LEXIS 4803 (7th Dist. Ct. App., Nov. 5, 2018)
  • The trial court's decision convicting defendant of failure to comply with the order or signal of a police officer was reversed because the trial court did not strictly comply with the notification requirements in Crim. R. 11. There was no reference to a "jury" or "jury trial" in any other part of the hearing transcript.
  • Outcome: Judgment reversed and matter remanded.
• State vs Gheen, Case No. 17 BE 0023, 2018-Ohio-1924, 2018 Ohio App. LEXIS 2062 (7th Dist. Ct. App., May 10, 2018)
• State vs Raphael-Hopkins, Case No. 17 BE 0017, 2018-Ohio-1340, 2018 Ohio App. LEXIS 1465 (7th Dist. Ct. App., Apr. 5, 2018)
• State vs Scott, Case No. 17 BE 0001, 2018-Ohio-1341, 2018 Ohio App. LEXIS 1468 (7th Dist. Ct. App., Mar. 30, 2018)
• State vs Williamson, Case No. 16 BE 0018, 2017-Ohio-9368, 2017 Ohio App. LEXIS 5895 (7th Dist. Ct. App., Dec. 22, 2017)
  • Holdings: [1]-Defendant’s claim that the trial court improperly sentenced him to maximum sentence when the court acknowledged that none of the R.C. 2929.12(B) factors applied was without merit because although the trial court acknowledged that none of the R.C. 2929.12 factors were present, it explained that the seriousness of defendant’s conduct and his lengthy criminal record were significant; moreover, the trial court completed the proper analysis under R.C. 2929.12; [2]-Defendant’s claim that the trial court improperly ordered his sentences to run consecutively was meritorious because at the sentencing hearing the trial court failed to make a finding that consecutive sentences were necessary to protect the public from future crime, and at the sentencing entry, the court failed to make a finding that consecutive sentences were not disproportionate to the seriousness of the conduct.
  • Outcome: Sentence affirmed in part and vacated in part, and case remanded.
• State vs Smithberger, Case No. 16 BE 0033, 2017-Ohio-8015, 2017 Ohio App. LEXIS 4367 (7th Dist. Ct. App., Sep. 25, 2017)
• State vs Wise, Case No. 16 BE 0003, 2017-Ohio-7502, 2017 Ohio App. LEXIS 3816 (7th Dist. Ct. App., Sep. 5, 2017)
• State vs Shaw, Case No. 15 BE 0065, 2017-Ohio-1259, 2017 Ohio App. LEXIS 1257 (7th Dist. Ct. App., Mar. 31, 2017)
• State vs Boyd, Case No. 15 BE 0032, 2016-Ohio-8560, 2016 Ohio App. LEXIS 5426 (7th Dist. Ct. App., Dec. 30, 2016)
• State vs Martin, Case No. 15 BE 0045, 2016-Ohio-7916, 2016 Ohio App. LEXIS 4780 (7th Dist. Ct. App., Nov. 17, 2016)
• State vs Ward, Case No. 15 BE 0053, 2016-Ohio-4908, 2016 Ohio App. LEXIS 2719 (7th Dist. Ct. App., Jun. 30, 2016)
• State vs Green, Case No. 16 BE 0018, 2016-Ohio-4915, 2016 Ohio App. LEXIS 2721 (7th Dist. Ct. App., Jun. 16, 2016)
• State vs Beerman, Case No. 15 BE 30, 2016-Ohio-772, 2016 Ohio App. LEXIS 684 (7th Dist. Ct. App., Feb. 29, 2016)
• State vs Robson, Case No. 13 BE 41, 2014-Ohio-5637, 2014 Ohio App. LEXIS 5452 (7th Dist. Ct. App., Dec. 18, 2014)
• West vs Devendra, Case No. 11 BE 35, 2012-Ohio-6092, 985 N.E.2d 558, 2012 Ohio App. LEXIS 5251 (7th Dist. Ct. App., Dec. 21, 2012)
• State vs Schybal, Case No. 10 BE 8, 2011-Ohio-4313, 2011 Ohio App. LEXIS 3586 (7th Dist. Ct. App., Aug. 24, 2011)
• DeLess vs Cox Enters., Case No. 07 BE 31, 2008-Ohio-7140, 2008 Ohio App. LEXIS 5904 (7th Dist. Ct. App., Jul. 3, 2008)
  • *I was an employee of Schrader, Byrd & Companion, PLLC, at the time
• Caldwell vs Petersburg Stone Co., Case No. 05 MA 12, 2005-Ohio-6793, 2005 Ohio App. LEXIS 6119 (7th Dist. Ct. App., Dec. 16, 2005)
  • Procedural Posture: Appellants, an injured employee and his wife, sought review of decisions from the Mahoning County Court of Common Pleas (Ohio), which denied their motions to amend their complaint, to vacate the judgment therefrom, denied their renewal motion on the amendment issue, and granted summary judgments to appellees, landowners and the employer, arising from injuries sustained by the employee while engaged in a rock-blasting project.
  • Overview: The employee oversaw blasting work at the landowners' rock quarry. In attempting to find undetonated explosives with the assistance of the landowners' worker, the employee's leg was crushed by a dislodged boulder. He received workers' compensation from Pennsylvania. Thereafter, appellants filed suit, alleging employer intentional tort (EIT) against the employer, and negligence and strict liability against the landowners. Eventually, summary judgment was granted to appellees. On appeal, the court found that summary judgment on the EIT claim was proper due to the exclusivity of workers' compensation benefits received from Pennsylvania and the fact that EIT was not recognized there, pursuant to Ohio Rev. Code Ann. § 4123.54(G). Denials of the amendment request were not an abuse of discretion under Ohio R. Civ. P. 15(A), as the allegations in the amendment were encompassed within the original complaint's "catch-all" provision. Summary judgment to the landowners was error, as they actively participated in the employee's inherently dangerous work by directly assisting his work activities. Accordingly, an issue of fact was raised regarding the duty of care of the landowners.
  • Outcome: The court affirmed the decisions of the trial court with respect to the denial of the requests to amend the complaint and the summary judgment to the employer on the EIT. However, the court reversed the decision with respect to the grant of summary judgment for the landowners, and the matter was remanded for further proceedings.
  • * I was an employee of Schrader, Byrd & Companion, PLLC.

West Virginia Appellate Decisions from the Supreme Court of Appeals of West Virginia

• In re K.T., Case No. 20-0924, 2021 W. Va. LEXIS 278 (W.Va., June 3, 2021)
• State vs Wilkerson, Case No. 19-0471, 2020 W. Va. LEXIS 836 (W.Va., Dec. 7, 2020)
• State vs Kandis, Case No. 19-0381, 2020 W. Va. LEXIS 634 (W.Va., Sep. 4, 2020)
• State vs Mitchell H., Case No. 19-0892, 2020 W. Va. LEXIS 632 (W.Va., Sep. 4, 2020)
• State vs Darian R., Case No. 19-0504, 2020 W. Va. LEXIS 601 (W.Va., Sep. 3, 2020)
• In re D.B., Case No. 19-0993, 2020 W. Va. LEXIS 417 (W.Va., Jun. 24, 2020)
• In re M.W.-1, Case No. 19-0528, 2020 W. Va. LEXIS 57 (W.Va., Feb. 7, 2020)
• In re D.W., Case No. 19-0268, 2019 W. Va. LEXIS 436 (W.Va., Sep. 13, 2019)
• A.S. vs A.V., No. 19-0036, 2019 W. Va. LEXIS 338 (W.Va., Jun. 12, 2019)
• Jack J. vs Pszczolkowski, Case No. 17-0014, 2018 W. Va. LEXIS 471 (W.Va., Jun. 8, 2018)
• In re A.B., Case No. 17-0786, 2018 W. Va. LEXIS 48 (W.Va., Jan. 8, 2018)
• In re V.R., Case No. 17-0933, 2018 W. Va. LEXIS 181 (W.Va., Mar. 12, 2018)
• Wilkerson vs Ballard, Case No. 16-0689, 2017 W. Va. LEXIS 932 (W.Va., Nov. 17, 2017)
• State ex rel. State vs Sims, 239 W. Va. 764, 806 S.E.2d 420 (2017)
• State vs Bowman, Case No. 15-0030, 2015 W. Va. LEXIS 1028 (W.Va., Oct. 20, 2015)
• Heard vs Plumley, No. 13-0300, 2014 W. Va. LEXIS 296 (W.Va., Mar. 31, 2014)
• Jochum vs Waste Mgmt. of W. Va., Inc., 224 W. Va. 44, 680 S.E.2d 59 (2009)
  • Procedural Posture: Plaintiff sellers appealed an order by the Circuit Court of Ohio County (West Virginia) that granted summary judgment to appellee buyer in the sellers' action for breach of an asset purchase agreement; the sellers claimed that genuine issues of material fact existed as to whether or not two conditions precedent to the agreement were satisfied.
  • Overview: The parties entered into an asset purchase agreement wherein the buyer agreed to purchase the sellers' waste disposal business. The agreement included the transfer of the sellers' certificates of convenience and necessity to the buyer. While a competitor's appeal was pending, W.Va. Code § 24A-2-5 was found to be invalid insofar as it required solid waste haulers engaged in the interstate transportation of solid waste to obtain a certificate of convenience and necessity from the public service commission prior to providing those services. As a result, the buyer gave notice to the sellers that it was terminating the agreement. The state supreme court found, inter alia, that the phrase "less economic" in the agreement was ambiguous. In addition, the buyer terminated the agreement based upon the decision invalidating § 24A-2-5 and not based upon the agreement. While the sellers were required to obtain approval for transfer of the certificates prior to closing, nothing in the agreement provided a deadline date for such transfer. Accordingly, the circuit court improperly granted summary judgment to the buyer.
  • Outcome: The order was reversed, and the case was remanded for further proceedings.
  • * I was an employee of Schrader, Byrd & Companion, PLLC.

Decisions from the United States District Court for the Northern District of Ohio

• Lee vs K&P Bros., Case No. 4:07CV182008 U.S. Dist. LEXIS 24472 (N.D. Ohio, 2008)
  • * I was an employee of Schrader, Byrd & Companion, PLLC.
• Bailey vs E. Liverpool City Hosp., Case No. 4:14CV2809, 2015 U.S. Dist. LEXIS 115504 (N.D. Ohio, 2015)

Decisions from the United States District Court for the Western District of Pennsylvania

• Burke vs Glanton, Case No. 12CV851, 2012 U.S. Dist. LEXIS 172647 (W.D. Pa., 2012)
  • The defendants' motion to dismiss was denied.
  • * I was co-counsel with Jividen Law Offices, representing the plaintiff.

Decisions from the Brooke County Circuit Court of West Virginia

• State of West Virginia vs Joshua Sponaugle, Case No. CC-05-2020-F-59 (Brooke County Cir. Ct., WV, Jul. 13, 2021)
  • The Brooke County Circuit Court dismissed the case against my client, the defendant after I filed a motion to dismiss. Read more about the decision here.

Opinions

• Caldwell v. Petersburg Stone Co., Case No.: 05 MA 12, 2005-Ohio-6793 (7th Dist., 2005), (co-counsel)
  • Subsequent history:
  • • Case No.: 2006-0184, 2006-Ohio-1967, 109 Ohio St. 3d 1423, 846 N.E.2d 533 (2006)
    • Case No. 2006-0184, 2007-Ohio-150, 112 Ohio St. 3d 1212, 860 N.E.2d 107 (2007)
    • Case No.: 2006-0184, 2007-Ohio-1266, 113 Ohio St. 3d 1445, 863 N.E.2d 659 (2007)

• DeLess v. Cox Enters., Case No.: 07 BE 31, 2008-Ohio-7140 (7th Dist., 2008), (co-counsel)
• State v. Schybal, Case No.: 10 BE 8, 2011-Ohio-4313 (7th Dist., 2016), (sole counsel)
• West v. Devendra, Case No.: 11 BE 35, 2012-Ohio-6092 (7th Dist., 2012), (sole counsel)
• State v. Robson, Case No.: 13 BE 41, 2014-Ohio-5637 (7th Dist., 2014), (sole counsel)
• State v. Green, Case No.: 14 BE 0055, 2016-Ohio-4915 (7th Dist., 2016), (sole counsel)
• State v. Ward, Case No.: 15 BE 0053, 2016-Ohio-4908  (7th Dist., 2016), (sole counsel)
• State v. Beerman, Case No.: 15 BE 30, 2016-Ohio-772 (7th Dist., 2016), (sole counsel)
• State v. Boyd, Case No.: 15 BE 0032, 2016-Ohio-8560 (7th Dist., 2016), (sole counsel)
• State v. Martin, Case No.: 15 BE 0045, 2016-Ohio-7916 (7th Dist., 2016), (sole counsel)
• State v. Shaw, Case No.: 15 BE 0065, 2017-Ohio-1259 (7th Dist., 2017), (sole counsel)
• State v. Wise, Case No.: 16 BE 0003, 2017-Ohio-7502 (7th Dist., 2017), (sole counsel)
• State v. Smithberger, Case No.: 16 BE 0033, 2017-Ohio-8015 (7th Dist., 2017), (sole counsel)
• Lee v. K&P Bros., Case No.: 4:07CV182008 U.S. Dist. LEXIS 24472 (N.D. Ohio, 2008), (co-counsel)
• Jochum v. Waste Mgmt. of W. Va., Inc., Case No. 34264, 224 W. Va. 44, 680 S.E.2d 59 (2009), (co-counsel)
• Burke v. Glanton, Case No.: 12CV851, 2012 U.S. Dist. LEXIS 172647 (W.D. Pa., 2012), (co-counsel)
• Heard v. Plumley, Case No.: 13-0300, 2014 W. Va. LEXIS 296 (2014), (sole counsel)
• State v. Bowman, Case No.: 15-0030, 2015 W. Va. LEXIS 1028 (2015), (sole counsel)
• Bailey v. E. Liverpool City Hosp., Case No.: 4:14CV2809, 2015 U.S. Dist. LEXIS 115504 (N.D. Ohio, 2015), (sole counsel)
• State ex rel. State v. Sims, Case Nos.: 17-0214, 17-0275, 806 S.E.2d 420 (W. Va., 2017)
• Wilkerson v. Ballard, Case No.: 16-0689, 2017 W. Va. LEXIS 932 (2017)
• In re A.B., Case No.: 17-0786, 2018 W. Va. LEXIS 48 (2018)
• In re V.R., Case No.: 17-0933, 2018 W. Va. LEXIS 181 (2018)

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A resident of Belmont County, Ohio, John enjoys walking trails, going to yard-sales, and home-improvement activities in the summer and reading and snow-plowing in the winter. For over 5 years, he has also cleared family land by hand on the weekends. With a large extended family, he enjoys entertaining relatives.

An extensive traveler, John travels about two weeks out of the year. A trip to Virginia included visits to Monticello, Mt. Vernon, Appomattox Court House, the Museum of the Confederacy, Colonial Williamsburg, Yorktown, the Jamestown settlement, and Berkeley Plantation. A trip to New England included visits to Massachusetts sites, Lexington, the New Bedford Whaling Museum, the Elie Wiesel Salem Witch Trials Memorial, Gloucester Fisherman’s Memorial, and also sites in Portsmouth, New Hampshire, and Kittery, Maine. Other past trips include Savannah, Georgia with visits to St. Bonaventure Cemetery and Fort Pulaski; California, with visits to The Richard Nixon Presidential Library and Museum and The Ronald Reagan Presidential Library and Center for Public Affairs; and Texas, with visits to the Dallas assassination site of President John F. Kennedy and the Alamo in San Antonio.