State ex rel. Allah-U-Akbar v. Ashtabula Cty. Court of Common Pleas
2017 Ohio 8625
| Ohio Ct. App. | 2017Background
- In November 1997, Malik Allah-U-Akbar (aka Odraye G. Jones) shot Ashtabula Police Officer William Glover while Glover was attempting to execute an arrest warrant; Glover later died from his wounds.
- Relator was arrested shortly after the shooting with the weapon; ballistics matched the gun to the scene.
- Relator was indicted, tried, convicted of aggravated murder with prior calculation and design, and sentenced to death in 1998.
- A separate indictment charging relator with two counts of aggravated robbery (predating the murder) was pending; after the murder conviction the state nolled (dismissed) the robbery charges without prejudice.
- Relator later sought various postconviction and federal habeas remedies; those efforts were largely unsuccessful.
- Relator filed a pro se petition styled as a "Writ of Mandamus and/or Prohibition," arguing the nolle of the robbery case divested the trial court of jurisdiction to enter the murder judgment and seeking an entry reflecting dismissal/acquittal; the trial court and this court dismissed the petition.
Issues
| Issue | Plaintiff's Argument (Allah-U-Akbar) | Defendant's Argument (State / Court) | Held |
|---|---|---|---|
| Whether nolle of robbery case equated to acquittal and divested court of jurisdiction in murder case | Nolle of the robbery indictment operated as an acquittal of the robbery charge and therefore invalidated the murder conviction tied to escaping apprehension for that robbery | The robbery and murder indictments were separate; nolle prosequi before jeopardy attaches is not an acquittal and did not deprive jurisdiction nor affect the murder conviction | Court held nolle did not operate as acquittal or divest jurisdiction; relator’s argument failed |
| Whether trial court had duty to enter a "final judgment"/acquittal reflecting dismissal of robbery case | Relator sought a mandamus order requiring the court to enter a final judgment of acquittal in the robbery case and to reflect that in the murder proceedings | No statutory or procedural basis for a "Motion for Final Judgment" in criminal cases; sentence is the criminal judgment; res judicata barred the claim | Mandamus denied: relator failed to show clear legal right, duty, or lack of adequate remedy |
| Whether prohibition is warranted to enjoin or void the murder judgment as jurisdictionally unauthorized | Relator sought prohibition arguing prior nolle rendered the murder judgment void/unauthorized | Court retained general jurisdiction over the murder case; any error could have been raised on direct appeal; prohibition is extraordinary and not appropriate | Prohibition denied: relator failed to show unauthorized exercise of jurisdiction or lack of adequate remedy |
| Procedural compliance with inmate filing rules (R.C. 2969.25) | Relator did not timely file the required affidavit of prior civil actions with his petition | State and court invoked mandatory statutory filing requirement; belated affidavit does not cure noncompliance | Petition dismissed for failure to comply with R.C. 2969.25 and on the merits |
Key Cases Cited
- State v. Jones, 91 Ohio St.3d 335 (2001) (addressing elements of murder specification based on committing murder to escape apprehension for another offense)
- O'Brien v. Univ. Community Tenants Union, Inc., 42 Ohio St.2d 242 (1975) (standard for Civ.R. 12(B)(6) motion to dismiss)
- State v. Chamberlain, 177 Ohio St. 104 (1964) (statement that sentence is the criminal case's judgment)
- State ex rel. Walker v. Sloan, 147 Ohio St.3d 353 (2016) (R.C. 2969.25 inmate-affidavit requirements are mandatory)
- State ex rel. Brady v. Pianka, 106 Ohio St.3d 147 (2005) (scope and extraordinary nature of writ of prohibition)