date, Smith filed a notice of appeal with this court. However, on June 12, 2007 this court entered a Journal Entry dismissing Smith's appeal as untimely as it was prematurely filed pursuant to App.R. 4(B)(3). On June 21, 2007 the State filed a motion for continuance with the trial court, requesting additional time to file a motion in opposition to Smith's motion for a new trial. This request was granted, and on July 5, 2007 the State filed a motion in *Page 8 opposition to Smith's motion for a new trial. On August 27, 2007 the trial court issued a Journal Entry overruling Smith's motion for a new trial.
{¶ 16} Smith now appeals, asserting eight assignments of error.
ASSIGNMENT OF ERROR NO. 1 R.C. 955.22 VIOLATES THE CONSTITUTIONAL RIGHT TO PROCEDURAL DUE PROCESS INSOFAR AS IT FAILS TO PROVIDE DOG OWNERS A MEANINGFUL OPPORTUNITY TO BE HEARD ON THE ISSUE OF WHETHER A DOG IS, INDEED, A PIT-BULL, THUS ESTABLISHING PRIMA FACIE EVIDENCE THAT IT IS VICIOUS AS DEFINED IN R.C. 955.11(4)(a)(iii), BEFORE THERE IS A TRIAL AS TO WHETHER OR NOT THE DEFENDANT VIOLATED OHIO STATUTES IN REGARD TO OWNING OR HARBORING VICIOUS OR DANGEROUS DOGS PURSUANT TO THE HOLDING IN STATE v. COWAN. THAT IS, JUST AS R.C. 955.22 IS UNCONSTITUTIONAL INSOFAR AS THERE IS NO PROCEDURAL DUE PROCESS TO FIRST DETERMINE WHETHER A DOG WHICH HAS BITTEN SOMEONE IS VICIOUS UNDER R.C. 955.11(a)(i) AND (ii) BEFORE THE OWNER IS SUBJECTED TO R.C. 955.22, UNDER THE THEORY OF STARE DECISIS, THE SAME HOLDING IS TRUE IF THERE IS DISAGREEMENT ABOUT THE HERITAGE OF THE DOG, BEFORE A PERSON IS CHARGED WITH VIOLATING R.C. 955.22 FOR NOT FOLLOWING THE STATUTE IN REGARD TO OWNING OR HARBORING A VICIOUS DOG.
ASSIGNMENT OF ERROR NO. 2 APPELLANT WAS DEPRIVED OF A FAIR TRIAL AND DUE PROCESS AS GUARANTEED BY THE OHIO AND U.S. CONSTITUTIONS, WHEN THE MUNICIPAL COURT DISREGARDED THE FACT THAT R.C. 955.11(4)(a)(iii) STATES THAT BEING A PIT-BULL DOG IS PRIMA FACIE EVIDENCE THAT THE DOG IS, INDEED, VICIOUS. "PRIMA FACIE" EVIDENCE MEANS THAT THE EVIDENCE IS SUBJECT TO REBUTTAL. *Page 9
ASSIGNMENT OF ERROR NO. 3 APPELLANT WAS DEPRIVED OF A FAIR TRIAL AND DUE PROCESS AS GUARANTEED BY THE OHIO AND U.S. CONSTITUTIONS WHEN THE MUNICIPAL COURT EMPLOYED THE FALLING DOMINO EFFECT WHICH CAN ONLY RESULT IN ONE CONCLUSION; THAT THE DEFENDANT IS GUILTY, ONCE THE PERSON WHO ISSUED THE CITATIONS TESTIFIED THAT THE DOG IN QUESTION IS A PIT-BULL.
ASSIGNMENT OF ERROR NO. 4 [THE] MUNICIPAL COURT ERRED WHEN IT RELIED ON AN ATTORNEY GENERAL'S OPINION THAT ALL OFFICERS SHOULD KNOW A PIT-BULL WHEN THEY SEE ONE, AS A MATTER OF LAW, AND THUS DEFINITIVE PROOF THAT THE DOG IN QUESTION IS A PIT-BULL - RATHER THAN AS A MATTER OF EXPECTATION, SUBJECT TO FURTHER DETERMINATION.
ASSIGNMENT OF ERROR NO. 5 COURTS HAVE ERRED WHEN FINDING THAT A MIXED BREED DOG, WHICH THE DOG WARDEN SUBJECTIVELY CLAIMS LOOKS LIKE IT HAS SOME BULLDOG HERITAGE IS SUBJECT