Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Williams

Court of Appeals of Ohio, Eighth District

June 27, 2013

STATE OF OHIO PLAINTIFF-APPELLEE
v.
MICHAEL WILLIAMS DEFENDANT-APPELLANT

Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-550955

ATTORNEY FOR APPELLANT Paul Mancino, Jr.

ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor, T. Allan Regas Assistant Prosecuting Attorney The Justice Center.

BEFORE: Rocco, P.J., Blackmon, J., and E.T. Gallagher, J.

JOURNAL ENTRY AND OPINION

KENNETH A. ROCCO, PRESIDING JUDGE.

{¶ 1} Petitioner-appellant Michael Williams appeals from the trial court order that denied his petition for postconviction relief.

{¶2} Williams presents three assignments of error in which he claims (1) the evidence attached to his petition was sufficient to warrant an oral hearing, (2) the trial court misapplied the doctrine of res judicata, and (3) the trial court did not independently prepare its findings of fact and conclusions of law.

{¶3} A review of the record leads this court to disagree with Williams's claims. Consequently, his assignments of error are overruled, and the trial court's order is affirmed.

{¶4} The facts surrounding Williams's original convictions in his criminal case were set forth by this court in State v. Williams, 8th Dist. No. 97730, 2012-Ohio-4277 ("Williams I"). In pertinent part, those facts are set forth as follows:

The facts in the instant case arise from events that occurred on April 27, 2010. The victim, Wilson Clark, received a telephone call from Williams who inquired about purchasing an automobile from Clark. Clark and Williams had known each other for many years prior to the incident. Clark and his girlfriend, Dominique Hearn, drove to meet Williams so that he could look at the car. Upon arriving at E. 133 and Holyoke in Cleveland, Ohio, Clark called Williams to tell him that he had arrived.
Clark testified that Williams approached and entered the car. Clark stated that Williams pulled a gun and told Clark, "you know what it is." Clark then explained that this was slang for a robbery. Clark testified that Williams was pointing the gun at him and he responded by giving Williams $9 that he had in his pocket.
Clark stated that at this point, Williams had one leg in and one leg out of the car and that although Williams instructed him "[d]on't pull off in this car, man, " he began to drive hoping that Williams would fall from the car. Clark testified that when he began to drive, Williams shot him once in the side of his mouth which exited through his neck and once in the chest Clark crashed his car into a house and was later transported to the hospital. Hearn was not injured during the altercation.
Cleveland police officer Randy Hicks testified that he arrived at the scene shortly after the shooting. Officer Hicks testified that he repeatedly asked Clark who shot him and Clark responded "Mike Jones." Officer Hicks stated that, from his experience working with the narcotics unit in this area, he knew that "Mike Jones " was Williams' alias. Officer Hicks testified that he went to Williams' residence to search for him but that he was not at home.
Dominick Allen testified that he witnessed, through the window of his apartment, Williams running from the car shortly after he heard gunshots. Allen also testified that he knew Williams prior to this incident because he and Williams lived in the same apartment complex.
During the investigation, police interviewed Hearn and, during that interview, she identified Michael Houston as the shooter. During that same interview, however, she repeatedly denied having seen the shooter. Hearn testified that she identified Houston because she knew that she and Clark were meeting a "Mike " and that Michael Houston was the only person by that name whom she knew to live in the area. Houston was later dropped as a suspect in the case because he had an alibi for the entire day of the incident.
Clark was unconscious for nearly a month after the incident and awoke on May 17, 2010, in the hospital. Shortly after that date, Clark identified Williams from a police photo array. A blind administrator was later used to present the same photo array to Clark. He again identified Williams as the shooter. At the time of trial, Clark made an in-court identification of Williams as the man who shot him on April 27, 2010.
Williams waived his right to a jury and the court convicted him of two counts of attempted murder with one and three-year firearm specifications, two counts of felonious assault with one and three-year firearm specifications, two counts of aggravated robbery with one and three-year firearm specifications and two counts of improperly handling a firearm in a ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.