State v. Shabazz
2013 Ohio 267
Ohio Ct. App.2013Background
- Appellant Jamil Abdul Shabazz was indicted in 2007 for aggravated murder with a three-year firearm specification and related enhancements.
- He waived certain notices before trial; the jury convicted him of murder (lesser-included offense) and the firearm specification; additional priors were found true.
- Sentenced to 15 years to life for murder, consecutive to a three-year firearm term.
- Direct appeal (Shabazz I) denied; ineffective assistance of appellate counsel and Crim.R. 29 claims rejected.
- Motion to reopen (Shabazz II) denied; post-conviction proceedings (Shabazz III) upheld against all seven asserted errors.
- In 2012, Shabazz sought a new trial on various grounds, which the trial court denied; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness and new-evidence basis | State | Shabazz | Motion time-barred; no newly discovered evidence; no leave shown |
| Res judicata bar | State | Shabazz | Claims barred by res judicata; could have been raised on direct appeal |
| Indictment grand jury issues and amendments | State | Shabazz | Not persuasive; issues already resolved or waived; no reversible error shown |
| Failure to instruct on lesser-included offenses | State | Shabazz | Not reversible; no error in missing instructions established |
Key Cases Cited
- State v. Perry, 10 Ohio St.2d 175, 226 N.E.2d 104 (Ohio 1967) (res judicata; final judgment bars ongoing defenses)
- State v. Briscoe, 8th Dist. No. 98414, 2012-Ohio-4943 (Ohio 2012) (res judicata and related preclusion principles)
- State v. Clement, 8th Dist. No. 97930, 2012-Ohio-3818 (Ohio 2012) (leave-to-file requirement for out-of-time motions; due process considerations)