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State v. Anderson

Court of Appeals of Ohio, Fifth District, Richland

July 30, 2019

STATE OF OHIO Plaintiff-Appellee
v.
ERNEST ANDERSON Defendant-Appellant

          Civil appeal from the Richland County Court of Common Pleas, Case No. 18CV841R

          For Plaintiff-Appellee MAURA O'NEILL JAITE Senior Assistant Attorney General.

          For Defendant-Appellant ERNEST ANDERSON

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. John W. Wise, J.

          OPINION

          GWIN, P.J.

         {¶1} Appellant Ernest Anderson ["Anderson"] appeals the January 14, 2019 Judgment Entry of the Richland County Court of Common Pleas that dismissed his petition for a writ of habeas corpus.

         Facts and Procedural History

         {¶2} Anderson was arrested on August 1, 2012, as law enforcement officers executed a search warrant issued by a judge of the Toledo Municipal Court. State v. Anderson, 6th Dist. Lucas No. L-15-1078, ¶2. Following his on-scene arrest, complaints were filed against Anderson in the Toledo Municipal Court, but were ultimately nolled. On January 29, 2013, Anderson was indicted by a Lucas County Grand Jury on charges of possession of cocaine, in violation of R.C. 2925.11(A) and (C)(4)(c), trafficking in cocaine, in violation of R.C. 2925.03(A)(2) and (C)(4)(d), aggravated possession of drugs, in violation of R.C. 2925 .11(A) and (C)(1)(b), aggravated trafficking in drugs, in violation of R.C. 2925.03(A)(2) and (C)(1)(c), trafficking in marijuana, in violation of R.C. 2925.03(A)(2) and (C)(3)(b), and tampering with evidence, in violation of R.C. 2921.12(A)(1) and (B). A jury found Anderson guilty of all counts, and in a judgment entry journalized on August 12, 2013, the trial court sentenced Anderson to an aggregate prison term of eight years and imposed fines totaling $25, 000. Anderson elected not to file an appeal.

         {¶3} Anderson did, however, file various post-conviction motions. For example, he filed a "petition for reimbursement," a "jurisdictional challenge" based on the U.C.C., and a petition arguing he was a Moorish National and thus was not subject to the state government's jurisdiction. These motions were all denied. State v. Anderson, 6th Dist. Lucas No. l-18-1003, 2018-Ohio-3300, ¶3.

         {¶4} On October 18, 2013, while Anderson was imprisoned in Marion County, Anderson filed a R.C. Chapter 2725 petition for a writ of habeas corpus under Marion County Common Pleas Court Case No. 2013 CV 0635, Ernest Anderson #A688-244 v. Neil Turner, Warden, et al. On October 30, 2013, the prior habeas trial court sua sponte dismissed Anderson's habeas petition for failure to state a cause of action upon which relief may be granted, citing Wells v. Hudson, 113 Ohio St.3d 308, 2007-Ohio-1955, 865 N.E.2d 46. The Third District Court of Appeals affirmed the dismissal on direct appeal. Anderson v. Turner, 3rd Dist. Marion No. 9-13- 68, (Apr. 14, 2014). See, Exhibit B attached to Respondent's Civ.R.12 (B)(6) Motion to Dismiss and/or Summary Judgment Motion, filed Dec. 26, 2018. [Docket Number 9].

         {¶5} On December 4, 2014, approximately 16 months after his sentencing entry was journalized, Anderson filed a petition for post-conviction relief. The trial court denied Anderson's petition, holding that it was untimely filed and that his claims were barred by the doctrine of res judicata. State v. Anderson, 6th Dist. Lucas No. L-15-1078, 3. The Court of Appeals affirmed the trial court's decision. Anderson, ¶12.

         {¶6} On June 5, 2014, the Petitioner filed a writ of habeas corpus with the United States Supreme Court in case 14-5975. It was denied on October 6, 2014. In re Ernest M Anderson, 135 S.Ct. 310, 190 L.Ed.2d 239, 83 USLW 3195(Oct. 6, 2014).

         {¶7} Anderson filed a second petition for habeas in the Marion County Common Pleas Court on January 19, 2016. It was dismissed on May 2, 2016, and he appealed it to the Third District Court of Appeal on May 3, 2016 in case number 9-16- 027. The appeal was dismissed on July 8, 2016. See, Judgment Entry of Dismissal of Habeas Corpus, filed Jan. 14, 2019 at 2. [Docket Number 11].

         {¶8} On November 30, 2018, Anderson filed a petition for a writ of habeas corpus. On December 26, 2018, the Office of the Ohio Attorney General filed a motion to dismiss and/or motion for summary judgment. Anderson filed a reply on January 7, 2019. Anderson claimed that the trial court lacked subject-matter jurisdiction, thereby rendering his convictions void. He bases this claim on the Ohio Supreme Court's decision in State v. Hoffman,141 Ohio St.3d 428, 2014-Ohio-4795, 25 N.E.3d 993, where the court ruled that the Toledo Municipal Court's written checklist to its deputy clerks for evaluating requests for arrest warrants failed ...


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