Wardia


 Case #: 2004-SC-000556


Appellant: MICHAEL WARDIA
vs
Appellee: COMMONWEALTH OF KENTUCKY



Case Information

Case # 2004-SC-000556
Case Type Criminal Appeal (REGULAR): (CR )
Document Type Matter of Right Appeal: (MR)
Case Status History: (H)
Last Main Event FINALITY (04/13/2006)



StepSheet

Step # Date Description Memo
1 06/25/2004 JUDGMENT / ORIGINAL ACTION DATE: JD 1ST DEGREE RAPE (20 YEARS); 1ST DEGREE SEXUAL ABUSE (5 YEARS) SHALL RUN CONSECUTIVELY FOR A TOTAL OF 25 YEARS
2 07/20/2004 NOTICE OF APPEAL-CRIMINAL REGULAR: AR FORMA PAUPERIS GRANTED JULY 20, 2004
(Due Date: 08/19/2004)
3 08/19/2004 MOTION FOR EXT.OF TIME (13 DAY RESPONSE): ME APPELLANT FILED MOTION FOR EXTENSION OF TIME OF 30 DAYS TO AND INCLUDING SEPTEMBER 17, 2004 TO CERTIFY RECORD ON APPEAL.
(Due Date: 09/01/2004)
4 08/18/2004 NOTIF. OF CERTIFICATION (VIDEO-CRIMINAL): VR
5 08/20/2004 RECORD REQUESTED FROM CIRCUIT COURT: RR
(Due Date: 09/19/2004)
6 08/25/2004 RECORD FILED: RF FILED 1 VOLUME RECORD, 1 ENVELOPE EXHIBITS, 3 ORIGINAL VIDEO TAPES, 3 CERTIFIED VIDEO TAPES, 11 VIDEO TAPE LOGS.
7 08/25/2004 INFORM PUBLIC ADVOCATE THAT RECORD FILED: IP
(Due Date: 10/24/2004)
8 08/25/2004 RECORD CHECKED OUT: RCDOUT 1 VOLUME RECORD, 3 CERTIFIED VIDEO TAPES, 11 VIDEO TAPE LOGS, CHECKED OUT TO DEPARTMENT OF PUBLIC ADVOCACY.
9 08/26/2004 ** NOTE **: CK RECEIVED LETTER FROM DPA APPOINTING HON. KAREN MAUER AS COUNSEL FOR APPELLANT.
10 09/02/2004 SCHEDULE TO MOTION DOCKET: MS NO RESPONSE FILED
11 09/07/2004 ORDER FOR EXTENSION OF TIME: OE COURT ORDER DELIVERED GRANTING MOTION FOR EXTENSION OF TIME TO CERTIFY RECORD ON APPEAL.
12 10/22/2004 MOTION FOR EXT.OF TIME (13 DAY RESPONSE): ME APPELLANT FILED MOTION FOR EXTENSION OF TIME OF 90 DAYS TO AND INCLUDING JANUARY 22, 2005 TO FILE BRIEF.
(Due Date: 11/04/2004)
13 11/05/2004 SCHEDULE TO MOTION DOCKET: MS NO RESPONSE FILED
14 11/08/2004 ORDER FOR EXTENSION OF TIME: OE COURT ORDER DELIVERED GRANTING APPELLANT MOTION FOR EXTENSION OF TIME TO AND INCLUDING JANUARY 22, 2005 TO FILE BRIEF.
(Due Date: 01/22/2005)
15 01/24/2005 MOTION FOR EXT.OF TIME (13 DAY RESPONSE): ME APPELLANT FILED MOTION FOR 60 DAY EXTENSION OF TIME TO AND INCLUDING MARCH 23, 2005 TO FILE BRIEF.
(Due Date: 02/06/2005)
16 02/08/2005 SCHEDULE TO MOTION DOCKET: MS NO RESPONSE FILED
17 02/08/2005 ORDER FOR EXTENSION OF TIME: OE COURT ORDER DELIVERED GRATING APPELLANT MOTION FOR EXTENSION OF TIME TO AND INCLUDING MARCH 23, 2005 TO FILE BRIEF. THIS IS A FINAL EXTENSION OF TIME.
(Due Date: 03/23/2005)
18 03/21/2005 MOTION FOR EXT.OF TIME (13 DAY RESPONSE): ME APPELLANT FILED MOTION FOR EXTENSION OF TIME OF 30 DAYS TO AND INCLUDING APRIL 22, 2005 TO FILE BRIEF.
(Due Date: 04/03/2005)
19 04/05/2005 SCHEDULE TO MOTION DOCKET: MS NO RESPONSE FILED
20 04/14/2005 ORDER FOR EXTENSION OF TIME: OE COURT ORDER DELIVERED GRANTING APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF TO THE EXTENT THAT COUNSEL FOR APPELLANT, KAREN MAURER, SHALL FILE APPELLANT'S BRIEF ON OR BEFORE APRIL 22, 2005 OR SHALL APPEAR BEFORE THIS COURT ON TUESDAY, MAY 10, 2005 AT 1:30 TO SHOW CAUSE FOR HER FAILURE TO TIMELY FILE APPELLANT'S BRIEF.
(Due Date: 04/22/2005)
21 04/14/2005 SHOW CAUSE HEARING: SHOW TUESDAY, MAY 10, AT 1:30 P.M.
22 04/22/2005 APPEAL PERFECTED: AP 1 VOLUME RECORD, 3 CERTIFIED VIDEO TAPES, 11 VIDEO TAPE LOGS RETURNED BY DEPARTMENT OF PUBLIC ADVOCACY.
(Due Date: 06/21/2005)
23 04/25/2005 RECORD CHECKED OUT: RCDOUT 1 VOLUME RECORD, 3 CERTIFIED VIDEO TAPES, 11 VIDEO TAPE LOGS CHECKED OUT TO ATTORNEY GENERALS OFFICE.
24 06/20/2005 APPELLEE BRIEF FILED: AB 1 VOLUME RECORD, 3 CERTIFIED VIDEO TAPES, 11 VIDEO TAPE LOGS RETURNED BY ATTORNEY GENERALS OFFICE.
(Due Date: 07/05/2005)
25 06/30/2005 APPELLANT'S REPLY BRIEF FILED: RB
26 06/30/2005 READY (ON MERITS OF APPEAL): R3
27 06/30/2005 SENT OUT FOR ASSIGNMENT: SH
28 01/30/2006 ORDER ON COURTS OWN MOTION: BC COURT ORDER DELIVERED DISPENSING WITH ORAL ARGUMENT.
29 03/23/2006 OPINION - REVERSING: PR *ALL CONCUR, EXCEPT JOHNSTONE, J., CONCURS IN RESULT ONLY. WINTERSHEIMER, J., DISSENTS WITHOUT SEPARATE OPINION. *NOT TO BE PUBLISHED*
(Due Date: 04/12/2006)
30 04/13/2006 FINALITY: FL RETURNED TO KENTON CO. CIRCUIT COURT CLERKS OFFICE, 1 VOLUME RECORD, 1 ENVELOPE EXHIBITS, 3 ORIGINAL VIDEO TAPES, 3 CERTIFIED VIDEO TAPES, 11 VIDEO TAPE LOGS BY U.P.S.



Litigant Information

Description Primary (Y/N) Name Seq #
Appellant Y MICHAEL WARDIA 1
Appellee Y COMMONWEALTH OF KENTUCKY 2



Attorney Info

Attorney(s) Name Party(Name) Type
PRATHER ROBERT EARLE COMMONWEALTH OF KENTUCKY Appellee
MAURER KAREN SHUFF WARDIA MICHAEL Appellant
CONWAY JACK COMMONWEALTH OF KENTUCKY Appellee



Circuit Information

County Case# /Div /Court# Judgment Date Judge Name
KENTON (059) 04-CR-00004
Div: CI
Court #: 1
6/25/2004 HON DOUGLAS M STEPHENS



Associated Supreme Cases

Related Supreme Case #



Associated Other Cases

Case #

 Homepage > Cincinnati News

Convicted Sex Offender May Be Freed Second Time

Man Up For Parole Next Month On Seperate Violation

POSTED: 10:43 am EST January 12, 2007
UPDATED: 11:03 am EST January 12, 2007

An appeals court already released a convicted sex offender from prison 23 years early, and a parole board might set him free again next month, when his sentence runs out on a separate parole violation.

Michael Wardia had served only two years of his 25-year sentence for raping an 8-year-old girl when the Kentucky Court of Appeals ruled last year that a dry-erase board placed in a Kenton County courtroom as a shield for his young victim had violated his Sixth Amendment rights.

“He has a constitutional right to face his accuser?” said Angela Smith, the victim’s mother. “OK, well, so does she, so what's the technicality? It wasn't a technicality, it's that the system failed.”

The appeals court released Wardia after it found that the board’s presence in the courtroom had not been properly justified or documented.

Kenton County commonwealth’s attorney Rob Sanders, who took office only this month, said he is unsure how the error occurred.

”I don't know who was to blame because I wasn't there, but what I can tell (you) is that we're doing things differently now, we're conscientious of the difficulty, the nuances, the peculiarity of prosecuting cases in which there are child victims of sexual offenses," Sanders said.

The victim, now 11 years old, has offered to testify again if Wardia is retried, but prosecutors have instead offered Wardia a plea deal for his time served.

“The reason I want to testify again is because I don't want this to happen to anyone else. My sister is 7 (and) I don't want that to happen to her,” said the victim, who is not identified because she is a child. “I want him in jail where he belongs."

Wardia is currently serving time in Ohio on a parole violation, and is scheduled for release in February.

Smith has appealed to the parole board to keep Wardia behind bars, and she said they told her they would consider his overturned conviction when hearing his case.
 



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