Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
APPELLANT Maurice McDuffie, pro se.
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor By: Amy Venesile Assistant County
BEFORE: McCormack, P.J., S. Gallagher, J., and Laster Mays,
JOURNAL ENTRY AND OPINION
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.
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
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
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
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.
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 ...