Events Calendar
In This Section
Most Read Stories
Blogs:
Pets:
Summit teams up with Rescue Waggin' to save dogs
The Heldenfiles:
Songs for an American Day
Patrick McManamon:
Touching on the Browns, Cavs
Akron Zips:
Opponent outlook: Northern Illinois
Browns Bulletin:
Single-game ticket sales begin July 11
Tribe Matters:
Wedge assured of job through season
Cleveland Browns:
Stallworth test showed marijuana
Kent State Sports:
Men's Basketball Scheduling update
Cleveland Cavaliers:
Updated: Free Agency: Another Gone - Apparently
All Da King's Men:
The Obligatory Palin Post
Blog of Mass Destruction:
Wow….Sarah Palin Resigns Governorship
Akron Law Café:
Abraham Lincoln and the Fourth of July
Varsity Letters:
Highland senior receives honor
See Jane Style:
Picnic Wear
Car Chase:
Where do We Go from Here?
Let's Talk Real Estate:
Happy 4th of July!
Ohio Travels with Betty:
Tom asks where to stay while visiting the football Hall of Fame.
Sound Check:
Rundgren fans rejoice!: Second night of AWATS at The Civic added
HRLite House:
Morscruethal Behaviors or Just Lip Service?
Akron Gamer:
Hot link: Best of Nintendo at E3
By Katie Byard
Beacon Journal staff writer
POSTED: 05:34 p.m. EDT, Aug 08, 2008
A Medina County man — sentenced to prison two years ago after pleading guilty to killing his estranged wife's boyfriend — has won a bid for a trial by a jury.
The 9th District Court of Appeals in March in Akron vacated Shaun Cleland's guilty pleas in the death of David Heinricht, 19.
On Wednesday, the Ohio Supreme Court declined to accept an appeal from Medina County prosecutors.
Medina County Prosecutor Dean Holman said Friday that since the ''the plea was vacated, the sentence was vacated . . . we'll proceed to trial.''
Holman expected a trial date to be set in the next few weeks.
Police discovered Heinricht's body in his Brunswick apartment Oct. 2, 2005. He had been strangled, police said. Police said Cleland, 28, who was stationed in Hawaii with the U.S. Army, flew home to confront Heinricht.
In July 2006, Medina County Common Pleas Judge James L. Kimbler sentenced Cleland to 25 years in prison for aggravated murder and three years each for kidnapping and aggravated burglary.
Kimbler ordered that the three-year sentences run at the same time, but follow the longer sentence, making Cleland eligible for parole after 28 years.
In vacating Cleland's guilty plea and sentence, appeals judges said Kimbler erred when the judge did not advise Cleland of mandatory post-release control, a form of parole. The post-release control accompanied the two lesser charges.
A Medina County man — sentenced to prison two years ago after pleading guilty to killing his estranged wife's boyfriend — has won a bid for a trial by a jury.
The 9th District Court of Appeals in March in Akron vacated Shaun Cleland's guilty pleas in the death of David Heinricht, 19.
On Wednesday, the Ohio Supreme Court declined to accept an appeal from Medina County prosecutors.
Medina County Prosecutor Dean Holman said Friday that since the ''the plea was vacated, the sentence was vacated . . . we'll proceed to trial.''
Holman expected a trial date to be set in the next few weeks.
Police discovered Heinricht's body in his Brunswick apartment Oct. 2, 2005. He had been strangled, police said. Police said Cleland, 28, who was stationed in Hawaii with the U.S. Army, flew home to confront Heinricht.
In July 2006, Medina County Common Pleas Judge James L. Kimbler sentenced Cleland to 25 years in prison for aggravated murder and three years each for kidnapping and aggravated burglary.
Kimbler ordered that the three-year sentences run at the same time, but follow the longer sentence, making Cleland eligible for parole after 28 years.
In vacating Cleland's guilty plea and sentence, appeals judges said Kimbler erred when the judge did not advise Cleland of mandatory post-release control, a form of parole. The post-release control accompanied the two lesser charges.
Comments
Click here to post your comments
