2020 Ohio 3563
Ohio Ct. App.2020Background
- On Jan. 1–2, 2014 Bradley was cited for Failure to Reinstate a license, Reckless Operation, OVI, and charged with multiple misdemeanors arising from the same incident; the assault and aggravated menacing counts were later dismissed.
- After a protracted history of retained and withdrawn counsel, Bradley’s counsel withdrew the day before trial and Bradley proceeded pro se at the Nov. 22, 2019 jury trial.
- At trial officers testified they followed tire tracks in snow showing swerving to a truck; footprints led from the driver’s door to Bradley; he ran, tried to force entry into a residence, resisted and was tasered; officers smelled alcohol and observed impairment.
- The jury acquitted Bradley of OVI but convicted him of Obstructing Official Business, Resisting Arrest, Failure to Reinstate, and Reckless Operation.
- The court sentenced him to concurrent jail fines and 90‑day terms with 45 days suspended on the two misdemeanors (suspended portions conditioned on good behavior).
- On appeal the court addressed (1) whether Bradley validly waived counsel, (2) admissibility of a non‑certified LEADS report, and (3) sufficiency/weight of the Reckless Operation conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court secured a valid waiver of counsel before trying Bradley pro se | State: Bradley impliedly waived by repeatedly firing/acting without counsel and appearing pro se. | Bradley: Court failed to engage in a meaningful on‑the‑record colloquy about the nature, consequences, and risks of proceeding pro se; no knowing, intelligent waiver. | Court: No proper waiver; convictions affirmed but the 45‑day suspended jail sentences for Resisting and Obstructing are vacated. |
| Admissibility of non‑certified LEADS report as prima facie evidence of failure to reinstate license | State: R.C. allows non‑certified LEADS printout as prima facie evidence; admissible. | Bradley: Statute conflicts with Evid.R. 803/902 and is therefore unconstitutional. | Court: No conflict with Evid.R. 803 or 902; statute permissible and LEADS report admissible. |
| Whether Reckless Operation conviction was supported by sufficient/weight of evidence | State: Tire tracks showing swerving in snowy conditions plus officer observations of impairment support willful/wanton disregard. | Bradley: Record lacks proof of willful or wanton disregard for safety. | Court: Evidence (swerving tracks, weather/road conditions, intoxication) sufficient and weight supports conviction. |
Key Cases Cited
- State v. Wellman, 37 Ohio St.2d 162 (Ohio 1974) (no imprisonment absent counsel unless there is a valid waiver)
- Brewer v. Williams, 430 U.S. 387 (U.S. 1977) (courts must indulge every reasonable presumption against waiver)
- State v. Gibson, 45 Ohio St.2d 366 (Ohio 1976) (trial court must make sufficient inquiry to determine waiver is knowing and intelligent)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency review)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (distinguishing weight of the evidence from sufficiency review)
- State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 86 Ohio St.3d 451 (Ohio 1999) (Ohio Rules of Evidence control over inconsistent statutes)