Mayfield Hts. v. Brown
2012 Ohio 167
Ohio Ct. App.2012Background
- Brown was indicted November 10, 2008 for obstructing official business under Mayfield Heights Codified Ordinances 505.14.
- The trial court ordered a competency evaluation; Brown was found competent to stand trial and a jury trial proceeded.
- Before jury selection, Brown elected to represent herself with stand-by counsel; court advised limited participation by stand-by counsel.
- Jury found Brown guilty on October 1, 2010; sentencing occurred October 26, 2010 with jail time and fines, part suspended.
- Brown appealed alleging multiple errors; the court sustained her first assignment regarding waiver of counsel and reversed/remanded for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of Brown's waiver of counsel | Brown's waiver was knowingly, intelligently, and voluntarily made; waiver should be upheld. | Brown's waiver was not knowingly, intelligently, or voluntarily made due to inadequate inquiry by the court. | Waiver invalid; reversal and remand for new trial |
Key Cases Cited
- Gibson v. Ohio, 45 Ohio St.2d 366, 345 N.E.2d 399 (Ohio 1976) (establishes that Waiver of counsel requires knowing, intelligent, voluntary relinquishment)
- Faretta v. California, 422 U.S. 806 (U.S. Supreme Court 1975) (right to self-representation must be knowingly and intelligently exercised)
- Von Moltke v. Gillies, 332 U.S. 708 (U.S. Supreme Court 1948) (waiver validity requires understanding of charges, defenses, penalties, and consequences)