State v. Chambliss
128 Ohio St. 3d 507
| Ohio | 2011Background
- State appeals pretrial order removing a defendant's retained counsel of choice.
- Defendants Chambliss, Bennett, and Sanders were indicted on drug offenses and retained separate attorneys.
- After multiple pretrial motions and sealing disputes, the trial court unsealed a search warrant affidavit and removed all three retained counsel.
- The court remanded the defendants to jail and ordered new counsel within two weeks, setting trial for the following month.
- Court of Appeals stayed execution, vacated remand, but held removal of retained counsel was not a final, appealable order; the case proceeded to this court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether removal of retained counsel of choice is a final appealable order. | State argues it is a final order under R.C. 2505.02(B)(4). | Chambliss argues it is not a final order; remedy via postconviction appeal. | Yes; it is a final, appealable order. |
| Whether the issue warrants immediate appeal to avoid potential retrial waste. | State contends immediate appeal prevents double trial. | Chambliss contends not automatically reversible without a final ruling. | Immediate appeal warranted to avoid retrial and structural error. |
| Whether the denial of counsel of choice constitutes structural error requiring automatic reversal. | State relies on Gonzalez-Lopez to show structural error. | Chambliss cites Keenan/Flanagan doctrine limiting immediate appeal. | Yes; denial constitutes structural error per Gonzalez-Lopez. |
| What precedential guidance governs finality for pretrial counsel disqualification in Ohio law. | State relies on Muncie framework and modern federal standard. | Chambliss emphasizes Keenan limitation prior to 2505.02(B)(4). | Pretrial removal of retained counsel is a final order; remanded for merits. |
Key Cases Cited
- Keenan v. Calabrese, 69 Ohio St.3d 176 (1994) (pretrial disqualification not final; but limits subject matter prior to 2505.02(B)(4) decision)
- Flanagan v. United States, 465 U.S. 259 (1984) (pretrial disqualification not immediately appealable)
- Gonzalez-Lopez v. United States, 548 U.S. 140 (2006) (erroneous deprivation of counsel of choice is structural error)
- State v. Muncie, 91 Ohio St.3d 440 (2001) (three-part test for final order under 2505.02(B)(4))