ORIGINAL
IN THE SUPREME COURT OF OHIO
LESHAWN NICKELSON
PETITIONER- APPELLANT
11-1472
V CASE NO. 11 CA 3244
ROBIN KNAB (MORGAN LINN, AG)
RESPONDENT-APPELLEE(S)
NOTICE OF APPEAL FROM ORIGINAL ACTION
HABEAS CORPUS
LESHAWN NICKELSON
A 598117
P.O. BOX 5500
CHILLICOTHE, OHIO 45601
PETITIONER- APPELLANT, PRO SE
ROBIN KNAB (MORGAN LINN,)
ASST. ATTORNEY GENERAL
150 E.GRAY STREET
COLUMBUS, OHIO
RESPONDENT-APPELLEE(S)
AUG 2 6 2a1i
CLERK OF COURT
9 SUPREMEG®URT ®^
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Notice of Appeal of Appellant LeShawn Nickelson
Appellant LeShawn Nickelson hereby gives Notice to Appeal to Supreme Court of Ohio from the
Original Action of a Judgment of The Fourth District Court Of Appeals on a Writ of Habeas Corpus
Pursuant to O.R.C. 2725.01, 2725.06 the Judgment was render on 7" 17"1t for a Writ of Habeas
Corpus in Case No.11CA 3244.
This case raises a substantial Constitutional Question and is One of public or Great general Interest.
Respectfull,y Submitted,
dL LeShawn Nickelson
CERTIFICATE OF SERVICE
I hereby certify a true copy of this Notice of Appeal was sent by U.S. Mail to Robin Knab (
Attorney General) Morgan Linn at 150 E. Gay Street Columbus, Ohio 43215 on this 9 `23 '" 1(
Respectfully Submitted,
^^^"4'^&'
LeShawn Nickelson
Goij;iOF1;'p
IN THE COURT OF APPEALS OF OHIO
FOURTH APPELLATE DISTRICT
ROSS COUNTY
LeShawn Nickelson,
201) JUti -
Case No. 11 CFa
Petitioner,
MAGISTRATE'S ORDER
V.
Robin Knab, Warden,
Respondent.
Petitioner, LeShawn Nickelson, has filed a "Motion Civil Rule 33 Interrogatories"
and a "Motion to Waive Electronic Copy of Civil Rule 33 Interrogatories Questions."
Upon consideration, petitioner's motions are DENIED.
The clerk is ORDERED to serve all counsel of record at their last known
addresses. The clerk is further ORDERED to serve petitioner by certified mail, return
receipt requested. If returned unserved, the clerk shall serve petitioner by ordinary
mail. IT IS SO ORDERED.
F
FOR THE COURT
/^-^ /,n- /,^• ^I
Aaron M. McHenry
Magistrate
iri`( C=i` 4>,p F"--
IN THE COURT OF APPEALS OF OHIO
FOURTH APPELLATE DISTRICT
ROSS COUNTY
2uE1 JU- 19 ;aH 60
d1UJv
Case No. 11 CA3244 ii
LeShawn Nickelson,
DECISION AND
JUDGMENT ENTRY
Petitioner,
V.
Robin Knab, Warden,
Respondent.
APPEARANCES:
LeShawn Nickelson, Chillicothe Correctional Institution, Petitioner.
Michael DeWine, Ohio Attorney General, and Morgan A. Linn, Assistant Attorney
General, Columbus, Ohio, for Respondent.
McFarland, J.:
Petitioner, LeShawn Nickelson, has filed a petition for a writ of habeas corpus to
compel respondent, Chillicothe Correctional Institution Warden Robin Knab, to release
him from prison. Nickelson argues that his convictions on^two counts of trafficking in
crack cocaine are void because of the unreasonable delay between when he entered
his plea and when the trial court sentenced him. Respondent has filed a motion to
dismiss. Because res judicata bars Nickelson from raising this issue, respondent's
motion to dismiss is GRANTED, the writ of habeas corpus is DENIED, and the petition
is DISMISSED.
Nickelson pleaded guilty to two counts of trafficking in crack cocaine on October
25, 2005. The trial court accepted Nickelson's pleas and scheduled the sentencing
Ross App. No. 11 CA3244 2
hearing for November 9, 2005. Nickelson, however, did not appear. Several years
later, authorities apprehended Nickelson, and on January 28, 2009, he filed a motion to
withdraw his guilty pleas. The trial court denied the motion and sentenced appellant
accordingly:
On appeal, Nickelson raised several assignments of error challenging his
convictions, including the delay between his plea and sentencing. This court, however,
rejected each of them on their merits and affirmed the trial court's judgment. See State
v. Nlickelson, Lawrence App. No. 09CA8, 2009-Ohio-7006, ¶11 ("A defendant cannot
avoid sentencing merely by fleeing the jurisdiction for three years ""' [and] appellant
cites no authority to support his argument that the court somehow lost jurisdiction over
his case.").
Nickelson has raised the same claim in this petition for a writ of habeas corpus
that he did in his direct appeal. Res judicata, however, bars a petitioner from obtaining
successive appellate review of the same issue. Shie v. Smith, 123 Ohio St.3d 89,
2009-Ohio-4079, ¶2. See, also, Smith v. Voorhies, 119 Ohio St.3d 345, 2008-Ohio4479, at ¶1. As such, Nickelson is forever barred from raising this claim. Respondent's
motion to dismiss is therefore GRANTED.
CASE DISMISSED. COSTS TO PETITIONER. ANY PENDING MOTIONS ARE
DENIED AS MOOT. IT IS SO ORDERED.
Harsha, P.J., Abele, J.: Concur.
FOR THE COURT
Matthew W. McFarland
Administrative Judge
Ross App. No. 11CA3244
3
NOTICE
This document constitutes a final judgment entry and the time period for
appeal commences from the date of filing with the clerk.
Pursuant to Civ.R. 58(B), the clerk is ORDERED to serve notice of the
judgment and its date.of entry upon the journal on all parties who are not in
default for failure to appear: Within three (3) days after journalization of this
entry, the clerk is required to serve notice of the judgment pursuant to Civ.R.
5(B), and shall note the service in the appearance docket.