Saturday, September 1, 2018
Three judges from the Akron-based Ninth District Court of Appeals will preside over the appeal of former Niles mayor Ralph Infante.
Infante, 62, was sentenced to 10 years in prison May 11 after a two-week trial that found him guilty of engaging in a pattern of corrupt activity during his 24 years as mayor, tampering with records, having an unlawful interest in a public contract, theft in office, gambling and falsification.
The Ohio Supreme Court on Thursday assigned judges Donna J. Carr, Lynn S. Callahan and Thomas A. Teodosio, according to a docket entry for the Warren-based 11th District Court of Appeals.
The 11th District would normally handle the appeal, but other judges are sometimes assigned to handle a case when there is the potential for a conflict of interest between judges and the defendant.
No specific reason was given for the case being transferred to new judges.
Infante’s appeals attorney, David Doughten, on Thursday asked the appeals court for at least 30 more days to file his primary appeal document, which lays out the errors a defendant believes the judge in his case made that would allow for a retrial, reversal or resentencing.
Doughton’s filing asks for an additional 30 days because the “record” in the case – trial transcripts and documents Doughten has to review – is more than 2,100 pages.
“Further, the Infante charges involve numerous offenses which are based upon specific dates and circumstances, which must be presented in detail to this court,” Doughten said.
“Finally, counsel must make [prison] visits to his client, who wants to actively assist in the preparation of possible appellate issues.”
Doughten is also involved in two murder cases involving the potential for the death penalty, one of which goes to trial Nov. 5, Doughten said.