State v. Birinyi
2011 Ohio 6257
Ohio Ct. App.2011Background
- Birinyi was charged in CR-510803 with six counts of criminal nonsupport; several counts were dismissed or amended prior to trial.
- He sought to represent himself, and signed a waiver of counsel dated September 8, 2008.
- In 2009 he was found incompetent to represent himself, leading to a mistrial and reassignment to a new judge.
- A psychiatric evaluation later deemed him competent; he proceeded pro se with attorney Morgan assisting, then changes led to a third judge.
- After a courtroom confrontation, Birinyi was indicted in CR-531800 for felonious assault of a police officer, assault, obstructing official business, and resisting arrest; cases were later consolidated.
- In 2010, juries found him guilty of some counts (assault on a peace officer, obstructing official business, resisting arrest, and criminal nonsupport) and acquitted felonious assault; he was sentenced to 4.5 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of counsel at second trial valid? | Birinyi's second waiver wasn't knowingly, intelligently, or voluntarily made. | Second trial proceeded on competent status and prior waiver should apply. | First assignment sustained; new trial required due to invalid second-waiver. |
| Prejudicial joinder of two cases | Joinder merged unrelated crimes, prejudicing defense. | Joinder was proper to streamline proceedings and reflect course of conduct. | Overruled; joinder improper but not outcome-determinative. |
| Amendment of dates in Counts 5–6 | Amendment altered underlying offenses and harmed indictment rights. | Dates amendment was permissible and did not prejudice rights. | Not reversible error; issue deemed moot after remand. |
| Sufficiency of evidence for assault on a peace officer | Evidence showed Birinyi knowingly caused or attempted harm. | No sufficient link establishing knowing conduct to harm. | Sufficient evidence supported conviction. |
| Sufficiency of evidence for obstructing official business | Birinyi's resistance impeded Deputy Slattery's duties. | Resistance did not clearly amount to obstruction. | Sufficient evidence supported conviction. |
Key Cases Cited
- State v. Thompson, 2005-Ohio-6126 (Ohio App. 8th Dist. 2005) (waiver of counsel and pro se considerations)
- State v. Buchanan, 2003-Ohio-6851 (Ohio App. 8th Dist. 2003) (standards for valid waiver of right to counsel)
- Von Moltke v. Gillies, 332 U.S. 708 (U.S. Supreme Court 1948) (test for knowing, intelligent waiver of rights)
- State v. Perry, 2003-Ohio-1175 (Ohio App. 8th Dist. 2003) (requirements for waiver adequate discussion of rights)
- State v. Suber, 2003-Ohio-5210 (Ohio App. 10th Dist. 2003) (Crim.R. 44(C) written waiver in serious offenses)