Parma v. Wiseman, 2015 Ohio 4983

On August 25, 2014 Parma charged Rodney L. Wiseman with one count of theft (first-degree misdemeanor).
At the September 10, 2014 arraignment the trial court read rights and plea options to a large group of defendants rather than conducting individual advisements.
The court made general remarks about the right to counsel and limits on appointment for minor misdemeanors, but there was no recorded, individualized waiver dialogue with Wiseman.
Wiseman pleaded not guilty at arraignment and later proceeded pro se to a bench trial two months later.
The trial court found Wiseman guilty and imposed a 90-day jail sentence (87 days suspended), a $250 fine (portion suspended), and 18 months probation.
On appeal Wiseman argued he was denied his right to counsel because the court never obtained a recorded, knowing, intelligent, and voluntary waiver required for petty-offense cases.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred in proceeding to trial and imposing a jail sentence without securing an on-the-record waiver of counsel in a petty-offense case	Parma: Court’s group advisement and Wiseman’s self-representation sufficed	Wiseman: No recorded, individual waiver; Crim.R. 44(B) requires a knowing, intelligent, voluntary waiver in open court before confinement may be imposed	Court: Trial court failed to obtain a valid on-the-record waiver; conviction stands but the portion of the sentence imposing confinement is vacated

State v. Gibson, 45 Ohio St.2d 366 (Ohio 1976) (describes standards for a valid waiver of counsel)
Von Moltke v. Gillies, 332 U.S. 708 (U.S. 1948) (waiver must be made with apprehension of charges, punishments, defenses, and other essentials)
State v. Dryer, 117 Ohio App.3d 92 (Ohio Ct. App. 1996) (waiver of counsel cannot be presumed from a silent record)
State v. Haag, 49 Ohio App.2d 268 (Ohio Ct. App. 1976) (failure to secure waiver in petty-offense case prevents imposition of confinement)