from the Morgan County Court of Common Pleas, Case No.
Plaintiff-Appellee: JANNA C. WOODBURN Assistant Prosecuting
Defendant-Appellant: ERIC J. ALLEN
JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J.
Hon. Patricia A. Delaney, J.
Defendant-appellant Billy Battle appeals from the January 11,
2019 "Decision Finding Defendant a Vexatious
Litigator" of the Morgan County Court of Common Pleas.
Plaintiff-appellee is Morgan County Prosecutor Mark
AND PROCEDURAL HISTORY
In 2009, appellant was convicted of, e.g., felonious assault
against a police officer with a firearm specification. He was
sentenced to an aggregate prison term of 10 years. Appellant
directly appealed from his convictions and sentence, raising
four assignments of error; we overruled each of the
assignments of error and affirmed appellant's convictions
and sentence. State v. Battle, 5th Dist. Morgan No.
09 AP 0001, 2010-Ohio-4327. The Ohio Supreme Court declined
jurisdiction of an appeal from our decision. 127 Ohio St.3d
1533, 940 N.E.2d 987 (2011). The U.S. Supreme Court denied
certiorari. 565 U.S. 861, 132 S.CT. 200, 181 L.Ed.2d 106
Appellant's convictions and sentence led to several
attempts at post-conviction relief and ensuing appeals.
Independent of those post-conviction relief attempts,
appellant filed a number of lawsuits against public
officials, lawyers, and court reporters who had varying
levels of involvement in his criminal case. This litigation
arises from two alleged factual circumstances:
1.) A hearing was held on August 26, 2008, in appellant's
underlying criminal case. The recording of the hearing was
subsequently misplaced or damaged, and a transcript of the
hearing was not provided for appellant's direct appeal.
Appellant maintains that during this hearing, the prosecutor
said appellant would not be prosecuted for the crimes he was
later convicted of.
2.) A Morgan County trial court judge allegedly stated,
during proceedings in a separate, unrelated matter, that
appellant was convicted of a crime which he did not commit.
Some of the litigation discussed infra also involved a
purported misstatement of fact in appellant's
pre-sentence investigation in his criminal case. We note none
of these allegations are developed in the record, and were
merely alluded to by both parties as they argued whether
appellant's various lawsuits were meritorious.
The instant action arose on April 19, 2018 when appellee
filed a Complaint for Vexatious Litigator pursuant to R.C.
2323.52. Appellant answered, and the matter proceeded to an
evidentiary hearing on November 19, 2018. The following cases
were introduced at the evidentiary hearing and cited by
appellee as examples of vexatious litigation:
A) Morgan County Court of Common Pleas case number
12CV0187, in which appellant alleged libel and
slander against the Morgan County Sheriff's Office.
Appellant demanded damages in excess of $25, 000. The
complaint was dismissed as time-barred because the activity