Court of Appeals of Ohio, Fifth District, Tuscarawas
from the Tuscarawas County Court of Common Pleas, Case No.
Plaintiff-Appellee AMANDA K. MILLER
Defendant-Appellant DOUGLAS E. HADDIX, pro se
Hon. William B. Hoffman, P.J. Hon. Patricia A. Delaney, J.
Hon. Craig R. Baldwin, J.
Appellant, Douglas E. Haddix, appeals the January 18, 2018
entry of the Tuscarawas County Court of Common Pleas denying
his "motion to override and nullify the conviction and
sentence for want of criminal law jurisdiction."
Appellee is the State of Ohio.
AND PROCEDURAL HISTORY
The facts underlying appellant's criminal conviction are
not relevant to the resolution of this appeal, so they will
not be included herein.
On May 11, 1993 an indictment was filed in the Tuscarawas
County Court of Common Pleas charging appellant with three
counts of breaking and entering in violation of R. C.
2911.13, all felonies of the fourth degree. Appellant
initially entered a not guilty plea, but on November 22, 1994
he appeared before the court with counsel and changed his
plea to guilty to all counts in the indictment. He executed a
written acknowledgment of his guilty plea in which he
conceded that he was a citizen of the United States. On
January 13, 1995, he was sentenced to a term of incarceration
of 18 months on each count, to run consecutively. The
sentence was deferred and he was placed on probation for a
period of 3 years.
Appellant was brought before the court on May 4, 1995 upon a
motion to revoke probation filed by the State. He appeared
with counsel and admitted to the violation of
probation--leaving the State of Ohio without permission. He
was found guilty and the court ordered probation to be tolled
while he was incarcerated in a state penal institution,
presumably on unrelated charges. Appellant was obligated to
contact the adult parole authority within 48 hours of release
from the state penal institution so that his probation may
continue upon his release.
On January 29, 2008, a number of documents were filed by
appellant representing himself as Douglas Al-Azeem Wali
©(SIC), procurator for defendant Douglas Edward
Haddix©(SIC), including documents captioned "notice
of special appearance", "affidavit of support for
special appearance", "affidavit of truth",
"notice of UCC financing statement" and others.
Appellant's intent was never clearly expressed, but it
appears his goal was to establish a basis for the filing of a
petition for post-conviction relief.
Appellant, under the name Douglas Al-Azeem Wali, filed a
"motion to overrule and nullify the conviction and
sentence for want of jurisdiction ab initio" on October
13, 2017. The State filed an objection to the motion on
October 19, 2017 and, on October 26, 2017 the court ordered
that the motion was denied. Appellant did not file an appeal
from that ruling.
On January 2, 2018, appellant filed a second "motion to
overrule and nullify the conviction and sentence for want of
criminal law jurisdiction" under the name Douglas
Al-Azeem Wali. The State responded on January 8, 2018 and
appellant filed a brief in support of his motion on that same
date. On January 18, 2018, the trial court denied
On February 8, 2018, appellant filed a notice of appeal,
again under the name Douglas Al-Azeem Wali, ...