FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR 1992 09 2196 (A)
MAURICE EDWARD LAPAUL BROOKS, pro se, Appellant.
BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
Appellant, Maurice Edward LaPaul Brooks, appeals from an
order denying his petition for post-conviction relief by the
Summit County Court of Common Pleas. This Court affirms.
In 1993, Mr. Brooks was convicted of three counts of
aggravated murder with firearm and death specifications and
was sentenced to death. The convictions and death sentences
were affirmed on appeal. State v. Brooks, 9th Dist.
Summit No. 16192, 1994 WL 362143 (July 13, 1994). The Supreme
Court of Ohio affirmed the convictions, but reversed the
death sentences and remanded for resentencing. State v.
Brooks, 75 Ohio St.3d 148, 1996-Ohio-134. The trial
court resentenced Mr. Brooks to three consecutive life
sentences with parole eligibility after ninety years. The
State appealed, but the life sentences were affirmed on
appeal. State v. Brooks, 118 Ohio App.3d 444 (9th
In 2008, Mr. Brooks filed a common law petition to vacate
void judgment, arguing that his true name is Maurice Edward
LaPaul Brooks, not the name listed on the indictment, to wit:
Antonio M. Brooks. The trial court denied the petition as
"an untimely petition for post-conviction relief and/or
a misfiled petition for writ of habeas corpus." The
decision was affirmed on appeal. State v. Brooks,
9th Dist. Summit No. 24510, 2009-Ohio-2341. In 2010, the
trial court denied another untimely petition for
post-conviction relief, but Mr. Brooks did not appeal.
In 2016, Mr. Brooks filed another petition for
post-conviction relief, which was denied. Mr. Brooks now
appeals from the trial court's order denying his most
recent petition for post-conviction relief and raises two
assignments of error for this Court's review.
For ease of analysis, we consolidate Mr. Brooks' first
and second assignments of error.
ASSIGNMENT OF ERROR ONE
DID THE TRIAL COURT ERR WHEN IT EXCEEDED SUBJECT-MATTER
JURISDICTION IN SENTENCING APPELLANT AS ONE "ANTONIO M.
BROOKS" UNDER THE NAME WILLFULLY GIVEN BY THE STATE OF
OHIO [SUMMIT COUNTY, OHIO] AND WITHOUT ALLEGING ANY MISNOMER
WHILE APPELLANT'S TRUE IDENTITY WAS AVAILABLE IN
VIOLATION OF R.C. 2941.03(C) & R.C. 2941.17 AND THE