State ex rel. Waver v. Gallagher

{¶ 1} In January 1998, a jury convicted appellant, James Waver, of two counts of rape and one count of felonious assault. The judge in the case, appellee, Judge Eileen Gallagher of the Cuyahoga County Court of Common Pleas, then considered and decided the specifications accompanying the charges (a sexually-violent-predator specification for each rape and a sexual-motivation specification for the felonious assault). On January 12, 1998, she found Waver guilty of all three specifications and sentenced him to prison, enhancing the sentence because of the specifications. On appeal, the…