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State v. Haddix

Court of Appeals of Ohio, Fifth District, Tuscarawas

May 8, 2018

STATE OF OHIO Plaintiff - Appellee
v.
DOUGLAS E. HADDIX Defendant-Appellant

          Appeal from the Tuscarawas County Court of Common Pleas, Case No. 1993CR05 0127

          For Plaintiff-Appellee AMANDA K. MILLER

          For Defendant-Appellant DOUGLAS E. HADDIX, pro se

          JUDGES Hon. William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

          OPINION

          Baldwin, J.

         {¶1} 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.

         FACTS AND PROCEDURAL HISTORY

         {¶2} The facts underlying appellant's criminal conviction are not relevant to the resolution of this appeal, so they will not be included herein.

         {¶3} 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.

         {¶4} 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.

         {¶5} 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.

         {¶6} 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.

         {¶7} 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 appellant's motion.

         {¶8} On February 8, 2018, appellant filed a notice of appeal, again under the name Douglas Al-Azeem Wali, ...


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