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State v. Shabazz
2011 Ohio 2260
Ohio Ct. App.
2011
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Background

  • Shabazz was indicted on multiple kidnapping, aggravated robbery, felonious assault, and receiving stolen property counts, with firearms specifications, plus one count of weapons under disability.
  • He waived a jury trial on the weapon-under-disability charge; felonious assault counts were dismissed; trial proceeded on remaining charges.
  • At trial, Dostie testified to a home burglary and theft of items including a red 1995 Ford Mustang; later, Shabazz was linked to these items when arrested while trying to sell coins.
  • Rebecca Masters testified Shabazz and an accomplice attempted to sell Dostie’s coins; police arrested them after she signaled for help.
  • Merritt, Shabazz’s codefendant, testified against Shabazz in exchange for an 18-month sentence, admitting inconsistencies and prior convictions; the jury acquitted Shabazz of the Dollar General robbery charges.
  • Shabazz was convicted of receiving stolen property and having weapons while under disability; he was sentenced to concurrent terms, and the court affirmed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Speedy-trial violation claim Shabazz argues speedy-trial violation. Shabazz contends delays and tolling miscalculated; denial unjust. No speedy-trial violation; 251 days exhausted within 270-day limit.
Manifest weight of evidence State asserts sufficient evidence for convictions. Shabazz claims verdicts against the weight of the evidence, especially reliance on Merritt. Convictions not against the manifest weight; evidence supported by Merritt's credibility and possession of stolen items.

Key Cases Cited

  • Barker v. Wingo, 407 U.S. 514 (U.S. Supreme Court, 1972) (four-factor speedy-trial balancing framework)
  • State v. O’Brien, 34 Ohio St.3d 7 (Ohio 1987) (speedy-trial framework under Ohio constitution)
  • State v. Geraldo, 13 Ohio App.3d 27 (Ohio App.3d, 1983) ( tolling when time tolled under R.C. 2945.72)
  • State v. Masters, 172 Ohio App.3d 666 (Ohio App.3d 2007) (speedy-trial calculation and tolling rules)
  • State v. Thieshen, 55 Ohio App.2d 99 (Ohio App.2d 1977) (initial framework for speedy-trial counting)
  • State v. Pirkel, 2010-Ohio-1858 (Ohio App.3d 2010) (tolling when indictment or capias issued)
  • State v. Saffell, 35 Ohio St.3d 90 (Ohio 1988) (speedy-trial tolling for unavailable witness; reasonable delay)
  • State v. Baker, 92 Ohio App.3d 516 (Ohio App.3d 1993) (continuances tolling if reasonable)
  • State v. Weatherspoon, 2006-Ohio-4794 (Ohio App.5th Dist. 2006) (requirement for proper journalization of sua sponte continuances)
  • State v. Thompkins, 678 N.E.2d 541 (Ohio 1997) (distinction between sufficiency and manifest weight)
  • State v. Chandler, 2006-Ohio-2070 (Ohio 2006) (credibility assessment in weight of the evidence)
  • State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (precedent on credibility and weight of testimony)
Read the full case

Case Details

Case Name: State v. Shabazz
Court Name: Ohio Court of Appeals
Date Published: May 12, 2011
Citation: 2011 Ohio 2260
Docket Number: 95021
Court Abbreviation: Ohio Ct. App.