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State v. Abdul

Court of Appeals of Ohio, Eighth District, Cuyahoga

December 19, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
JAMILL SHABAZZ ABDUL, AKA JAMIL A. SHABAZZ, Defendant-Appellant.

          Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-07-495551-A

         JUDGMENT: AFFIRMED

          Michael C. O'Malley Cuyahoga County Prosecuting Attorney, Jennifer Meyer and Mary M. Frey, Assistant Prosecuting Attorneys, for appellee.

          Jamill Shabazz Abdul, pro se.

          JOURNAL ENTRY AND OPINION

          PATRICIA ANN BLACKMON, JUDGE

         {¶ 1} This cause came to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 11.1. Defendant-appellant, Jamill Shabazz Abdul, a.k.a. Jamil A Shabazz and Jamill Abdul ("Shabazz Abdul"), appeals from trial court's judgment denying his petition for postconviction relief. He assigns the following error for our review:

I. The trial court violated Crim.R. 43(A) (1) of [Shabazz Abdul].
II. The trial court violated the substantial rights of [Shabazz Abdul], according to Crim.R. 33(C).
III. The trial court abused its discretion and violated the due process rights of [Shabazz Abdul].

         {¶ 2} Having reviewed the record and the pertinent law, we affirm the decision of the trial court.

         {¶ 3} In 2007, Shabazz Abdul was convicted of murder with a firearm specification, notice of prior conviction, and repeat violent offender specification in connection with the shooting death of Gregory Rogers. Shabazz Abdul was sentenced to 15 years to life, plus 3 years for the weapon.

         {¶ 4} On direct appeal, Shabazz Abdul argued that the conviction was not supported by sufficient evidence, and that he did not receive effective assistance of counsel. This court affirmed. State v. [Shabazz] Abdul, 8th Dist. Cuyahoga No. 90789, 2009-Ohio-225 ("Shabazz Abdul I ").

         {¶ 5} Later in 2009, Shabazz Abdul filed a petition for postconviction relief in the trial court, claiming that a state's witness committed perjury, and that he was denied effective assistance of counsel. The trial court denied the petition, and this court affirmed its decision. State v. Shabazz [Abdul], 8th Dist. Cuyahoga No. 94738, 2010-Ohio-5789 ("Shabazz Abdul II ").

         {¶ 6} On May 17, 2012, Shabazz Abdul filed his first motion for a new trial, challenging his indictment, the amendment of his indictment, and the court's jury instructions. The motion for a new trial was denied, and this court affirmed its decision. State v. Shabazz ...


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