Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Nazir

Court of Appeals of Ohio, Twelfth District, Warren

August 26, 2019

STATE OF OHIO, Appellee,
v.
MUHAMMAD NAZIR, Appellant.

          CRIMINAL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS Case No. 18CR34006

          David P. Fornshell, Warren County Prosecuting Attorney, Kirsten A. Brandt, 520 Justice Drive, Lebanon, Ohio 45036, for appellee

          Anzelmo Law, James A. Anzelmo, 446 Howland Drive, Gahanna, Ohio 43230, for appellant

          OPINION

          PIPER, J.

         {¶ 1} Appellant, Muhammad Nazir, appeals his convictions in the Warren County Court of Common Pleas for domestic violence and disrupting public services.

         {¶ 2} Nazir and Sonia Saleem, who were married in Pakistan and immigrated to the United States, had three children. In December 2017, Saleem was six months pregnant with the couple's fourth child when Nazir decided to marry a second wife in Pakistan. The day Nazir was to leave for the wedding in Pakistan, Saleem and the children went to her sister's home for a family gathering. Nazir appeared at the gathering and demanded that Saleem and the children return to their home. When Saleem refused, Nazir grabbed the oldest child and drove home with her.

         {¶ 3} Saleem and the couple's other children returned to their home, and Nazir threatened to hit Saleem if she did not stop asking him questions about his departure. Nazir then demanded that Saleem give him any cash that she had. At that point, Nazir grabbed Saleem's face and neck tightly. Nazir also punched the pregnant Saleem in the stomach. Nazir pushed Saleem against the wall, causing a painful bump on her head. He also kicked her, causing Saleem to fall to the ground. Saleem was able to dial 9-1-1, but Nazir soon grabbed the phone, hung up, and walked away from Saleem.

         {¶ 4} A 9-1-1 dispatcher returned the hang-up call and Nazir answered the phone, stating that there was no emergency before abruptly hanging up the phone. He then left for the airport. Saleem called 9-1-1 after Nazir left and reported the abuse and her injuries. Once officers arrived, they observed that Saleem was crying and visibly injured, including a knot on her head. Police called Nazir and asked him to return to discuss the incident, but Nazir refused the request and left for Pakistan.

         {¶ 5} Approximately two months later, Nazir returned from Pakistan and tried to enter the home he had shared with Saleem and the children. Saleem called police and officers arrested Nazir for domestic violence. Nazir was indicted on one count of disrupting public services and two counts of domestic violence, with one count a felony because Saleem was pregnant at the time Nazir abused her.

         {¶ 6} The matter proceeded to a jury trial, during which the state dismissed the misdemeanor count of domestic violence. The jury found Nazir guilty of the felony domestic violence charge and disrupting public services. The trial court sentenced Nazir to nine months, which by the time of sentencing, Nazir had already served. Nazir now appeals his convictions, raising the following assignments of error. For ease of discussion, we will address Nazir's assignments of error out of order, and will combine two of his assignments of error because they are interrelated.

         {¶ 7} Assignment of Error No. 2:

         {¶ 8} MUHAMMAD NAZIR'S CONVICTIONS ARE BASED ON INSUFFICIENT EVIDENCE, IN VIOLATION OF THE DUE PROCESS CLAUSE OF THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND SECTIONS 1 & 16, ARTICLE I OF THE OHIO CONSTITUTION.

         {¶ 9} Assignment of Error No. 3:

         {¶ 10} MUHAMMAD NAZIR'S CONVICTIONS ARE AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE IN VIOLATION OF THE DUE PROCESS CLAUSE OF THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.