State v. Farakhan

2025 Ohio 1130
CourtOhio Court of Appeals
DecidedMarch 31, 2025
Docket31296
StatusPublished

This text of 2025 Ohio 1130 (State v. Farakhan) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Farakhan, 2025 Ohio 1130 (Ohio Ct. App. 2025).

Opinion

[Cite as State v. Farakhan, 2025-Ohio-1130.]

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT )

STATE OF OHIO C.A. No. 31296

Appellee

v. APPEAL FROM JUDGMENT ENTERED IN THE NIA FARAKHAN COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO Appellant CASE No. CR-2018-0265

DECISION AND JOURNAL ENTRY

Dated: March 31, 2025

SUTTON, Judge

{¶1} Defendant-Appellant Nia Farakhan appeals the judgment of the Summit County

Court of Common Pleas dismissing her petition for postconviction relief. For the reasons that

follow, this Court affirms.

I.

Relevant Background Information

{¶2} This case arises from the conviction of Ms. Farakhan in connection with severe

injuries sustained by a six-month old child while in the care of Ms. Farakhan. Ms. Farakhan was

indicted by the Summit County Grand Jury on three counts: (1) felonious assault, in violation of

R.C. 2903.11(A)(1), a felony of the second degree; (2) endangering children, in violation of R.C.

2919.22(B)(1), a felony of the second degree; and (3) endangering children, in violation of R.C.

2919.22(A), a felony of the third degree. Ms. Farakhan was accused of violently shaking and/or

slamming the child down, which caused bleeding and injury to the child’s brain. The child 2

survived but sustained significant injuries and ongoing learning deficits. Ms. Farakhan’s planned

defense to the State’s shaken-baby theory was the child had previously suffered from meningitis

and that is what caused the child to suffer a seizure and brain injury. Ms. Farakhan intended on

calling Dr. Joseph Scheller, M.D., as an expert witness at trial. The State filed a motion in limine

seeking a Daubert1 hearing to establish whether Dr. Scheller qualified as an expert witness. After

a hearing, the trial court granted the State’s motion in limine and excluded Dr. Scheller as a

witness. Defense counsel filed a motion requesting additional funds for another medical expert,

stating Ms. Farakhan was legally indigent and “[a]ll her funds were exhausted when she hired her

previous medical expert who was ruled not qualified” by the trial court. A financial disclosure

form signed by Ms. Farakhan was attached to the motion for expert funds. After defense counsel

identified an expert, the trial court authorized funds for Craig H. Collison, M.D. “to conduct an

evaluation of the medical records in contemplation of presenting testimony[.]” Defense counsel

sought additional time for Dr. Collison to submit his expert report, which was granted. The record

does not reflect whether Dr. Collison provided a report to trial counsel and no expert report from

Dr. Collison appears in the record although the record reflects the trial court paid Dr. Collison’s

$9,900 fee.

{¶3} Ms. Farakhan eventually entered Alford pleas of guilty to felonious assault and two

counts of endangering children pursuant to North Carolina v. Alford, 400 U.S. 25 (1970). An

Alford plea is a plea of guilty while still maintaining one’s innocence but also with the defendant’s

understanding her interests require a guilty plea and the record before the court contains strong

1 In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the United States Supreme Court held the trial court must act as a gatekeeper to ensure the relevance and reliability of expert scientific testimony. 3

evidence of actual guilt. Id. at 37. Ms. Farakhan was ultimately sentenced to an aggregate of 5

years in prison.

{¶4} Ms. Farakhan, represented by a new attorney, appealed her sentence to this Court,

which affirmed the judgment of the trial court. State v. Farakhan, 2024-Ohio-1260, ¶ 8 (9th Dist.).

Ms. Farakhan’s sole assignment of error in her direct appeal was the trial court failed to properly

consider the sentencing factors set forth in R.C. 2929.11 and R.C. 2929.12.

{¶5} On May 14, 2024, Ms. Farakhan, represented by yet another attorney, applied to

reopen her direct appeal alleging ineffective assistance of appellate counsel. Ms. Farakhan claimed

appellate counsel’s representation was deficient in several areas. First, she alleged appellate

counsel failed to argue the plea colloquy was defective because when the trial court informed her

of the maximum sentence she could receive, it failed to consider whether the offenses to which

she was pleading guilty would merge for purposes of sentencing and if she knew the maximum

sentence she could receive was only 8 years instead of 19, she would not have pleaded guilty. This

Court rejected that argument, stating “Criminal Rule 11(C)(2)(a) provides that the trial court shall

not accept a plea without making sure the defendant understands ‘the maximum penalty

involved[.]’” We further stated:

The defendant’s understanding does not need to contemplate merger of the offenses, which is determined at the sentencing stage of the proceedings, not the plea stage. State v. Pagan, 2019-Ohio-4954, ¶ 26 (10th Dist.), citing State v. Rogers, 2015-Ohio-2459, ¶ 19 and State v. Reed, 2018-Ohio-3040, ¶ 26 (8th Dist.). Ms. Farakhan’s counsel was not ineffective for failing to raise an issue, which every district that has considered has rejected. See also State v. Carnahan, 2016-Ohio- 3213, ¶ 23 (3d Dist.); State v. Jefferson, 2014-Ohio-2555, ¶ 21 (2d Dist.). Furthermore, the trial court did not even determine that Ms. Farakhan’s convictions merged, it only ordered them to run concurrently.

{¶6} Ms. Farakhan also argued appellate counsel was ineffective for not raising on

appeal ineffective assistance of trial counsel for failing to raise the issue of merger at the time of 4

the plea colloquy. This Court rejected that argument for the same reasons we rejected her first

argument concerning merger.

{¶7} Ms. Farakhan next argued appellate counsel should have argued there was not

strong evidence to support Ms. Farakhan’s Alford plea. We rejected that argument, stating:

The factual basis was that Ms. Farakhan was watching a baby that was not ill and was acting normally at the time he was left in Ms. Farakhan’s care. When the child’s mother returned, the baby was lying unresponsive on the floor. Ms. Farakhan had not called 911 and did not do so until the child’s mother screamed at her to call. At the hospital, the child was determined to be suffering from a traumatic brain injury with a subdural hematoma and brain swelling. He also had retinal hemorrhaging and bruising on his face and hands that was not there earlier in the day. Doctors would have testified that those types of injuries could only happen from a shaking and slamming incident and that the injuries could have resulted in death if left untreated. Appellate counsel, therefore, could not be considered ineffective for failing to argue that there was an insufficient factual basis for Ms. Farakhan’s Alford plea to counts of felonious assault and endangering children.

{¶8} Ms. Farakhan argued in a motion to amend her application to reopen the direct

appeal that her appellate counsel was ineffective for not asserting an alleged violation of Crim.R.

11(C)(2)(c) because the trial court failed to properly advise Ms. Farakhan she had a constitutional

privilege against compulsory self-incrimination and she would waive that right if she pleaded

guilty. This Court analyzed that argument, stating:

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Bluebook (online)
2025 Ohio 1130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-farakhan-ohioctapp-2025.