LISBON — A Warren man whose three-year prison term was stayed pending appeal never filed the appeal, instead opting to file a motion in federal court against the judge and prosecutors.

Joshua T. Huey, 36, filed the notice on his own behalf in the United States District Court for the Northern District of Ohio in September against Columbiana County Court of Common Pleas Judge Scott Washam in his professional and individual capacity and against Columbiana County Prosecutor Vito Abruzzino and Assistant Prosecutor Alec Beech, both in their professional and individual capacities.

He asked the federal court to vacate the judgment of Common Pleas Court, claiming fraud occurred and challenging the various rulings in the case in which he represented himself.

Recently, legal counsel for Washam, Abruzzino and Beech filed a motion to strike Huey’s motion and dismiss the federal complaint.

“Plaintiff Joshua T. Huey’s petition to this court to vacate the state court judgment in Columbiana County Court of Common Pleas Case No. 2023-CR-672 is nothing more than an attempt to relitigate his criminal case on the basis he did not receive adequate discovery responses,” the motion filed by attorney Jeffrey Stankunas of Isaac Wiles & Burkholder LLC of Columbus said.

Stankunas argued that the federal court doesn’t have jurisdiction over a state court judgment and that the judge and two prosecuting attorneys have immunity.

The case remains pending before Judge David A. Ruiz.

The criminal case against Huey stemmed from an Oct. 8, 2023 traffic stop in Leetonia when an Ohio State Highway Patrol trooper found Huey impaired and also found two stolen guns in the vehicle and fentanyl in his wallet. Huey was prohibited from having a weapon due to a previous felony conviction and was accused of driving impaired with a loaded handgun in the vehicle.

A jury found him guilty in August of third-degree felony having weapons while under disability, fifth-degree felonies of improper handling firearms in a motor vehicle and possession of fentanyl-related compound, two counts fourth-degree felony receiving stolen property and misdemeanors of operating a vehicle under the influence of alcohol, a drug of abuse or a combination of both and OVI refusal with prior within 20 years. For the receiving stolen property charges, the jury also found that the stolen property in each count was a firearm.

Throughout the two-day trial, Huey repeatedly said he wasn’t participating in the proceedings. He called no witnesses for his defense and prior to trial, he filed notices of writs to dismiss the criminal complaint which were then denied by Washam. In the most recent one filed, he cited a lack of jurisdiction and a lack of due process as the reasons the complaint should be dismissed.

Washam sentenced Huey to 24 months in prison for having weapons while under disability, 12 months each for the receiving stolen property charges, six months each for the improper handling of a firearm and drug charges and then a local sentence of 120 days for the OVI charge. He said the weapons charges, drug charge and OVI would be served at the same time or concurrently. The receiving stolen property counts were ordered served concurrent with each other but consecutive to the other charges.

That brought the total prison term to 36 months, or three years.

He also suspended Huey’s driver’s license for three years and gave him a mandatory fine of $1,000.

He advised Huey of his right to appeal the case within 30 days of the date the journal entry for the sentencing was filed, with any appeal to be filed with the Seventh District Court of Appeals.

Washam agreed to Huey’s request to stay execution of the prison sentence pending his appeal.

Huey never filed the appeal with the Seventh District Court of Appeals. According to the judgment entry, if he didn’t file an appeal, he was supposed to report to the jail to be taken to prison, but that never happened.

The county case remains at a standstill with the federal case still pending.