State v. Buchanan
2017 Ohio 1361
| Ohio Ct. App. | 2017Background
- Buchanan was convicted of rape in 2017 for an offense occurring December 23, 1994, based on DNA linking; he previously served a long term for a prior rape.
- Indictment charged rape and kidnapping with three-year firearm specifications; a competency evaluation occurred due to mental health issues.
- Trial date moved; on the day of trial Buchanan requested to proceed pro se, which the court denied after a lengthy colloquy.
- Prior to trial, the state sought to amend the offense date from August 22, 1994 to December 23, 1994 to conform to the rape kit date; amendment granted over defense objection.
- Evidence showed L.F. was assaulted in a Kenmore Avenue parking lot; Hurt and hospital staff corroborated the assault and rape kit collection.
- Buchanan testified with rambling, inconsistent statements; jury found him guilty of rape, but not guilty of kidnapping or firearms specifications; he was sentenced to 11 years, consecutive to another term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of self-representation was an abuse of discretion | Buchanan asserted right to self-representation was unequivocal and intelligent | Court improperly denied his right to proceed pro se on the day of trial | Denial was not an abuse of discretion; waiver not knowing/intelligent |
| Whether amending the offense date prejudiced Buchanan | amendment conformed to evidence; no prejudice shown | last-minute change hindered recollection and strategy | Amendment authorized; no reversible prejudice shown |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (1975) (right to self-representation; not absolute; knowing waiver required)
- Gibson v. Ohio, 45 Ohio St.2d 366 (1976) (waiver must be knowing and intelligent)
- Cassano v. State, 96 Ohio St.3d 94 (2002) (unambiguous and timely invocation required)
- Johnson v. State, 112 Ohio St.3d 210 (2006) (factors for intelligent waiver depend on case specifics)
- Indiana v. Edwards, 554 U.S. 164 (2008) (limits on the right to represent oneself when competence varies)
- State v. Halder, 2007-Ohio-5940 (8th Dist. Cuyahoga) (trial court may deny self-representation based on record)