Court of Appeals of Ohio, Fifth District, Richland
appeal from the Richland County Court of Common Pleas, Case
Plaintiff-Appellee MAURA O'NEILL JAITE Senior Assistant
Defendant-Appellant ERNEST ANDERSON
JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J.
Hon. John W. Wise, J.
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
and Procedural History
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.
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,
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].
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.
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).
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].
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 ...