Students see court in action

The students got a chance to see how an appellate court operates.

By VIRGINIA ROSS

VINDICATOR CORRESPONDENT

NORTH LIMA — Court went into session Wednesday morning at South Range High School, and students from Dave Patton’s senior government class quickly realized how complicated judicial matters can become.

Some 85 students from three American government classes observed an aspect of the legal process as several area attorneys presented arguments to judges of the 7th District Court of Appeals.

The proceedings were part of an ongoing effort to educate students about how an intermediate state appellate court operates.

The students heard arguments on three pending appeals. It was the court’s first visit to the Beaver Township school.

“We try to get out to high schools in each of the eight counties we cover,” said Judge Mary DeGenaro. “We contact the schools and work within their schedules and the court’s schedule to set it up so we can visit the schools and at the same time support education. It gives the students a better picture and clearer understanding of what we do. And we enjoy it.”

Besides Mahoning, the appellate court also hears cases from Belmont, Carroll, Columbiana, Harrison, Jefferson, Monroe and Noble counties.

At South Range, through arguments presented for the state of Ohio v. William Jones, the students discovered sentencing imposed on a convicted drug dealer can be based on the weight of the substance.

In Jones’ case, if the court rules in his favor, his sentence could be reduced by several years. Jones was convicted nearly two years ago of selling slightly more than 10 grams of crack cocaine. His attorney, Douglas King, argued the cocaine was wet when officials weighed it the first time.

Once it dried, the substance weighed significantly less, he said. If the court agrees with King, Williams’ sentence could be based on the lesser weight, resulting in the difference between a second-degree felony (possible eight-year sentence) or a third-degree felony, which carries a five-year prison term.

Another case addressed whether it is a merchant’s responsibility to warn consumers about the possible danger of sitting on a lawn chair that carries a weight limit of 200 pounds.

The third appeal examined probable cause and protocol law enforcement officials use when conducting field sobriety tests.

“It all just gives you a lot to think about and a lot to consider,” said 18-year-old Steve Bensinger. “I never really thought about all the different ways you could look at something. I never really considered that how much a drug weighs could make that much of a difference. But it does. There are a lot of things they look at and points they make that I would never even think about.”

Judge Joseph J. Vukovich told the students that in order for a lower court’s ruling to be overturned, the attorney representing the case must show an error was made.

“You can’t just decide you didn’t like that decision,” he explained. “[The attorney] has to review everything, every aspect of the case, to find error.”

Along with Judges DeGenaro and Vukovich, Judges Cheryl L. Waite and Gene Donofrio also presided over the proceedings. Court administrator Atty. Robert Budinsky also explained case backgrounds and proper court procedure to the students.

“It’s interesting to see how the students react,” Judge Donofrio said. “We really believe they learn a lot from this and that it’s a good experience for them and for us.”

Judge DeGenaro told the students the judges cannot comment on any of the cases while the appeals are under consideration. The court, however, intends to forward copies of its rulings to the students.

Meanwhile, Patton said he expects to get an earful from his students about Wednesday’s proceedings over the next few days.

“It will be interesting,” he said. “There’s a lot for them to absorb. I’m sure I’ll be hearing a lot from them, and that’s a good thing. That’s what we want.”