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State v. Ellis

Court of Appeals of Ohio, Eighth District, Cuyahoga

November 16, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
L'DDARYL ELLIS DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-12-568532-A

          APPELLANT L'Ddaryl Ellis, pro se

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

          BEFORE: Kilbane, J., E.A. Gallagher, P.J., and Jones, J.

          JOURNAL ENTRY AND OPINION

          MARY EILEEN KILBANE, J.

         {¶1} Defendant-appellant, L'Ddaryl Ellis ("Ellis"), pro se, appeals his convictions and sentence for involuntary manslaughter and murder as well as the trial court's denial of his motion to correct his sentence. For the reasons set forth below, we find that Ellis's arguments are both unpersuasive and precluded by the doctrines of res judicata and the law of the case. Accordingly, we dismiss the instant appeal.

         {¶2} This court previously stated the pertinent facts of the present case in State v. Ellis, 8th Dist. Cuyahoga No. 99830, 2014-Ohio-116 ("Ellis I"), as follows:

[In November 2012], the Cuyahoga County Grand Jury returned a 14-count indictment against Ellis relating to two separate shooting incidents. Relative to the first incident, the grand jury indicted Ellis on one count of discharge of a firearm on or near prohibited premises and two counts of felonious assault. All three counts contained one and three-year firearm specifications.
Relative to the second incident, wherein [Elissa Hereford ("Hereford"), ] a resident of East 95th Street who had been looking through her window, was struck and killed by a bullet. The grand jury indicted Ellis on one count of discharge of a firearm on or near prohibited premises, one count of aggravated murder, one count of murder, and seven counts of felonious assault. The grand jury also indicted Ellis on one count of aggravated riot with purpose to commit or facilitate the commission of any offense of violence. All 11 counts contained one and three-year firearm specifications.
[In December 2012], Ellis pleaded not guilty at the arraignment. Subsequently, numerous pretrials were conducted. Eventually, Ellis executed a waiver of his right to a jury trial, and [in March 2013], a bench trial commenced.
At the close of the state's case, the trial court granted Ellis's motion for acquittal on six counts. The trial court later found Ellis not guilty of aggravated murder, but considered the lesser included offense of murder, as well as involuntary manslaughter, and found him guilty of involuntary manslaughter with the attached firearm specifications. In addition, the trial court found Ellis guilty of murder, two counts of felonious assault, and the single count of aggravated riot, all with the attached firearm specifications.
On April 15, 2013, Ellis appeared for sentencing. The trial court merged the involuntary manslaughter, felonious assault, and aggravated riot counts with the murder count for sentencing purposes. The trial court then imposed a prison term of 15 years to life to be served after Ellis served three years for the firearm specifications.

Id. . at_2_5, 18_19.

         {¶3} In Ellis I, we affirmed all of Ellis's convictions, except the aggravated riot. Id. at _ 2. Ellis subsequently filed an application to reopen his direct appeal in Ellis I pursuant to App.R. 26(B) and State v. Murnahan, 63 Ohio St.3d 60, 584 N.E.2d 1204 (1992), which was denied. See ...


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