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. McDuffie

Court of Appeals of Ohio, Eighth District, Cuyahoga

November 9, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
MAURICE McDUFFIE DEFENDANT-APPELLANT

         Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-12-567263-A

          FOR APPELLANT Maurice McDuffie, pro se.

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor By: Amy Venesile Assistant County Prosecutor.

          BEFORE: McCormack, P.J., S. Gallagher, J., and Laster Mays, J.

          JOURNAL ENTRY AND OPINION

          TIM McCORMACK, P.J.

         {¶1} This case came to be heard upon the accelerated calendar pursuant to App.R. 11.1 and LocR. 11.1. Defendant-appellant Maurice McDuffie, pro se, appeals from the postconviction judgment of the trial court denying his petition to vacate or set aside judgment of conviction or sentence. For the reasons that follow, we affirm the trial court.

         Procedural Background

         {¶2} In June 2013, McDuffie was convicted of felonious assault and he was sentenced to eight years imprisonment. In December 2013, McDuffie appealed his conviction, and in November 2014, this court affirmed the conviction. See State v. McDuffie, 8th Dist. Cuyahoga No. 100826, 2014-Ohio-4924. McDuffie appealed this court's decision to the Ohio Supreme Court, which declined jurisdiction. In May 2014, while the appeal in this court was pending, McDuffie filed a petition to vacate or set aside judgment of conviction or sentence, in which he claimed ineffective assistance of counsel relating to the trial court's failure to instruct the jury on a lesser offense. The trial court denied McDuffie's petition.

         {¶3} In January 2015, McDuffie filed an application for reopening of his appeal, which this court denied. See State v. McDuffie, 8th Dist. Cuyahoga No. 100826, 2015-Ohio-3223. In his application, McDuffie claimed ineffective assistance of counsel concerning the trial court's failure to consider the presentence investigation report before sentencing, the trial court's failure to grant his Crim.R. 29 motion for acquittal, and the trial court's "having allowed defendant-appellant's counsel to not withdraw after showing cause" and then refusing to allow a continuance in order to determine whether new counsel should be appointed. Id. at ¶ 4. McDuffie also appealed this court's decision denying his application for reopening to the Ohio Supreme Court, which declined jurisdiction.

         {¶4} In December 2015, McDuffie filed with the trial court a "motion/demand to turn over jury verdict form for justifiable claim presentation via R.C. 149.43(B)(8)." In this motion, McDuffie claimed that his conviction was not a final appealable order because the signed jury verdict form was not provided to him. He subsequently filed a complaint in mandamus in the Ohio Supreme Court requesting the jury verdict form, in January 2016, which the Supreme Court dismissed.

         {¶5} In January 2017, McDuffie filed another petition to vacate or set aside judgment of conviction or sentence, claiming that his conviction should be vacated because he was not provided with the jury verdict form. The trial court denied the motion. McDuffie now appeals, assigning one error for our review: the trial court abused its discretion when it denied defendant-appellant's petition for postconviction relief without conducting a hearing.

         Law and Analysis

         {¶6} We find that res judicata bars McDuffie's claim in this appeal. Under the doctrine of res judicata,

a final judgment of conviction bars a convicted defendant who was represented by counsel from raising and litigating in any proceeding except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised by the defendant at trial, which resulted ...

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.