[Cite as State v. Leggett, 2018-Ohio-1655.]
IN THE COURT OF APPEALS OF OHIO
SIXTH APPELLATE DISTRICT
WILLIAMS COUNTY
State of Ohio Court of Appeals No. WM-17-008
Appellee Trial Court No. 96CR000032
v.
Jonathon D. Leggett DECISION AND JUDGMENT
Appellant Decided: April 27, 2018
*****
Katherine J. Zartman, Williams County Prosecuting Attorney,
and Stacey S. Stiriz, Assistant Prosecuting Attorney, for appellee.
Jonathan D. Leggett, pro se.
*****
SINGER, J.
{¶ 1} Appellant, Jonathon D. Leggett, appeals from the September 28, 2017
judgment of the Williams County Court of Common Pleas denying appellant’s
postconviction motion to set aside his alleged void judgment of conviction journalized on
March 6, 2000. For the reasons which follow, we affirm. On appeal, appellant asserts
the following assignments of error:
ASSIGNMENT OF ERROR #1: THE JUDGMENT IS VOID IN
THE ABOVE STYLED CASE BECAUSE THE JUDGMENT HAS BEEN
PROCURED BY FRAUD AND IS THEREFORE VOID. THE
JUDGMENT IS ALSO VOID BECAUSE OF IMPROPER PROCEDURE.
ASSIGNMENT OF ERROR #2: THE CONVICTION IS VOID
BECAUSE OF A VIOLATION OF DUE PROCESS UNDER OHIO
CONST. ART I SEC. 16 AND U.S. CONST.AMEND.XIV.
{¶ 2} The underlying facts in this case were set forth in State v. Leggett, 6th Dist.
Williams No. WM-97-029, 1998 Ohio App. LEXIS 4078 (Sept. 4, 1998). This case
began in 1992 with the death of a two-year-old child who was in the exclusive care of
appellant at the time of her death. At that time, appellant entered an Alford plea, pursuant
to North Carolina v. Alford, 400 U.S. 25, 27 L.Ed.2d 162, 91 S.Ct. 160 (1970), to one
count of negligent child endangerment and one count of obstructing justice. A nolle
prosequi was entered as to the remaining crimes charged in the indictment.
{¶ 3} The prosecutor continued to review the evidence and reevaluate the DNA
evidence through specialized testing and eventually determined that appellant could not
be ruled out as a contributor. Therefore, in 1996, appellant was indicted for rape and
manslaughter regarding the child’s death. In 2000, appellant was convicted and
sentenced to life imprisonment for the rape offense and 10-25 years of imprisonment for
the involuntary manslaughter offense. The sentences were ordered to be served
2.
consecutively. His conviction and sentence were affirmed on appeal. State v. Leggett,
6th Dist. Williams No. WM-00-003, 2002 Ohio App. LEXIS 470 (Feb. 8, 2002).
{¶ 4} On appeal, we noted that this court and a federal court had previously
rejected appellant’s double jeopardy claim and, therefore, found the issue was barred by
the doctrine of res judicata. Id. at *4. We also rejected claims of bad faith by the
prosecution in ordering additional DNA testing and ineffective assistance of counsel, id.
at *5-6, and found his convictions were not contrary to the manifest weight of the
evidence, id. at *10. Nonetheless, appellant continues to challenge the DNA evidence
and the second indictment.
{¶ 5} On May 2, 2017, appellant filed a pro se postconviction motion for a void
judgment asserting his conviction had been procured by a fraud committed by the
prosecution. Appellant also argued the judgment of conviction was void and subject to
relief under Fed.Civ.R. 60(b)(4). This motion again raised issues regarding the DNA
evidence and claims of double jeopardy, as well as an allegation that appellant’s juvenile
delinquency record was used to enhance his sentence.
{¶ 6} On September 27, 2017, the trial court denied the motion because it was
untimely under R.C. 2953.21 and all of the claims are barred by the doctrine of res
judicata because they were or could have been raised in prior proceedings. Upon a
review of appellant’s assignments of error and the judgment of the trial court, we find the
trial court did not err in its judgment. Therefore, we find appellant’s two assignments of
error not well-taken.
3.
{¶ 7} Furthermore, the state requests in its brief that appellant be declared a
vexatious litigator and be banned from filing any future pro se pleadings. We refer the
prosecutor to R.C. 2323.52(B), which provides the remedy for a prosecutor contending
with a vexatious litigator. See Watkins v. Perry, 11th Dist. Trumbull No. 2017-T-0031,
2017-Ohio-9347, ¶ 25; Watkins v. Pough, 11th Dist. Trumbull No. 2016-T-0100, 2017-
Ohio-7026, ¶ 41. This court does not have the authority to declare an individual a
vexatious litigator. Howard v. Indus. Comm., 6th Dist. Lucas No. L-04-1037, 2004-
Ohio-5672, ¶ 6.
{¶ 8} Having found that the trial court did not commit error prejudicial to
appellant and that substantial justice has been done, the judgment of the Williams County
Court of Common Pleas is affirmed. Appellant is ordered to pay the costs of this appeal
pursuant to App.R. 24.
Judgment affirmed.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27.
See also 6th Dist.Loc.App.R. 4.
Arlene Singer, J. _______________________________
JUDGE
Thomas J. Osowik, J.
_______________________________
Christine E. Mayle, P.J. JUDGE
CONCUR.
_______________________________
JUDGE
This decision is subject to further editing by the Supreme Court of
Ohio’s Reporter of Decisions. Parties interested in viewing the final reported
version are advised to visit the Ohio Supreme Court’s web site at:
http://www.supremecourt.ohio.gov/ROD/docs/.
4.