No. 25-6866

Ohio, ex rel. Malik Allah-U-Akbar v. David A. Schroeder, Judge, Court of Common Pleas of Ohio, Ashtabula County

Lower Court: Ohio
Docketed: 2026-02-20
Status: Pending
Type: IFP
IFP
Tags: cruel-and-unusual-punishment double-jeopardy due-process jurisdiction vacated-conviction void-ab-initio
Latest Conference: N/A
Question Presented (from Petition)

1. Whether, consistent with Hewitt v. United States, 145 S. Ct. 2165 (2025), a vacated conviction is void ab initio and wholly nullified, such that courts may not continue to give prospective legal effect thereto under the Due Process, Privileges and Immunities, Suspension and Supremacy Clauses of the United States Constitution.

2. Whether a state court lacks jurisdiction over the subject matter of a statute after the legislature's repeal of said statute, repealed prior to alleged offense, contrary to the Separation of Powers Doctrine, Due Process and Supremacy Clauses of the United States Constitution.

3. Whether dismissal of a predicate offense (aggravated robbery), which is an essential element of the alleged greater offense, deprives a trial court of jurisdiction to impose a conviction and sentence dependent on that offense, and whether reliance on the dismissed offense violates the Double Jeopardy Clause, Due Process and Cruel and Unusual Punishment Prohibitions of the Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution.

4. Whether a trial court lacks jurisdiction to "increase the prescribed range of penalties" based on "facts" not found by a jury, including a dismissed offense non-statutory aggravating circumstances in violation of the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution.

Question Presented (AI Summary)

Whether a vacated conviction is void ab initio and wholly nullified such that courts may not continue to give prospective legal effect thereto, and whether a trial court lacks jurisdiction to impose a conviction and sentence based on a dismissed predicate offense in violation of the Due Process, Double Jeopardy, and Cruel and Unusual Punishment Clauses

Docket Entries

2026-01-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 23, 2026)

Attorneys

Malik Allah-U-Akbar
Malik Allah-U-Akbar — Petitioner