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Insurance criminal appeal after pleading guilty



Sandy Diane Pinney, appealed the judgment of 2 March 2021 from the Ashtabula County Court of Common Pleas, overriding her claim for dismissal on delay before prosecution 30, and March 2021. 2021, they sentence her to twelve months of community control on a point of insurance fraud. I State Of Ohio v. Sandy Diane Pinney, 2021-Ohio-3483, no. 2021-A-0013, Court of Appeals of Ohio, Eleventh District, Ashtabula (September 30, 2021) Ohio Court of Appeal dealt with the claim.

FACTS

Ms. Pinney, a rather incompetent insurance fraudster, in October 2018 staged a case of a broken egg while shopping at Wal Mart. To her great surprise, she was actually injured and had a broken ankle. Wal Mart denied her insurance claim and she received no financial compensation. An investigation was filed with the prosecutor's office in 2019.

Meanwhile, in August 2021, Pinney was charged with an unrelated crime for which she pleaded guilty and served a twelve-month prison sentence. In October 2020, following her release in the unrelated case, the state prosecuted her for insurance fraud in violation of R.C. 2913.47 (B) (1) & (C), a fifth-degree offense, in relation to the Wal Mart case. she was deprived of the ability to argue for a simultaneous sentence, or of seeking a negotiated basis that would have closed the case before she was released from prison. In addition, she claimed that even if the events occurred in 2018, there are convictions on her register in 2021, after the 2019 prison sentence had been completed. The district court overturned her claim and found that there was no evidence that the state was negligent or intentional in the delay and that the appellant failed to show prejudice when preparing her defense due to the delay.

In March 2021, Pinney made a conviction on the way, withdrew his admission of innocence and agreed to a prosecution report to an amended indictment, insurance fraud, in violation of RC 2913.47 (B) (1), a first-degree offense. In doing so, she avoided imprisonment and the court sentenced her to a twelve-month period of community control.

ANALYSIS

When the court reviews a court decision on a claim for dismissal due to delay in prior notification, the court only examines the legal issues, but gives great respect to the district court's conclusions on the facts.

When an unjustified cause of delay in prosecution actually damages a defendant's right to a fair trial despite the state initiating prosecution within the statutory limitation period, the procedural clause provides the defendant with additional protection.

The Supreme Court of Ohio clarified that delay in prosecution violates the trial only when it is indefensible and causes actual prejudice. Once a defendant presents evidence of actual prejudice, the burden shifts to the state to provide evidence of a legitimate reason for the delay. If the defendant fails to show actual prejudice, the state does not have to provide evidence to justify the delay in the case.

To prove prejudice, Pinney must point specifically to how prejudiced she was, and the display must be concrete, not speculative. This court has made it clear that speculation does not show actual prejudice. the possibility of faded memories, inaccessible witnesses and lost evidence is insufficient to show actual prejudice. Thus, possibilities alone do not prove actual prejudice.

Pinney argued that the delay in prosecution deprived her of the opportunity to argue for simultaneous punishment or to negotiate the basis of the unrelated case. The State argued that her argument must fail because she did not present any evidence to support that claim to the Court.

Pinney's argument is fundamentally, and fatally, speculative; she claims that she was not given the opportunity to argue for simultaneous punishment. Thus, Pinney failed to show actual prejudice, and her only award of error was without merit. Her punishment stood.

Insurance criminals have no honor. After prosecutors allowed Pinney to plead guilty to a misdemeanor and avoid returning to prison, with unabated bile and a total lack of appreciation for the kindness the prosecutor and the court gave her, the verdict appealed because it took the prosecutor too long to arrest her while she was sitting in jail on another charge. Her arguments in the appeal were nasty and she should have had her basis withdrawn and convicted – at trial – of a felony. She got nothing but wasted time with a trial and court of appeal.


I will take a short break from publishing my blog but will be back soon.

© 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his internship to the position of insurance consultant specializing in insurance coverage, handling insurance claims, bad faith and insurance fraud almost equally for insurers and policyholders

. also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as a lawyer for insurance coverage and claims management and more than 54 years in the insurance industry.

Subscribe to Excellence in Claims Handling at https://barryzalma.substack.com/welcome.

He is available at http://www.zalma.com and zalma@zalma.com. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award. For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claimants to become professionals in insurance claims.

Go to training available at https://claimschool.com; articles at https://zalma.substack.com, the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr Zalma on Twitter at https://twitter.com/bzalma ; Go to Barry Zalma videos at https://www.rumble.com/zalma; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ T the last two issues of ZIFL are available at https://zalma.com/zalmas-insurance-fraud- letter -2 / podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4


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