Court of Appeals of Ohio, Twelfth District, Warren
CRIMINAL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS Case
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
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
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
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 ...