State v. Conard, 2024 Ohio 1906

Cody D. Conard was charged with first-degree misdemeanor theft after allegedly stealing a bicycle and a wheelbarrow.
The stolen items were returned, but the bicycle was damaged.
Conard proceeded pro se (without counsel) and pled guilty; he signed a plea form indicating he waived his right to counsel.
The trial court sentenced him to 150 days in jail, $200 restitution, and court costs.
Conard appealed, arguing his waiver of counsel was not validly obtained.
He had already served his jail sentence by the time of appeal but had outstanding financial obligations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of Waiver of Counsel	Waiver was invalid—too brief, lacked required advisements, and did not ensure understanding	Plea colloquy as a whole sufficient; Conard informed of rights at arraignment; no request for counsel	Waiver was invalid; trial court did not adequately inform Conard before waiver
Effect of Invalid Waiver on Conviction and Sentence	Conviction should be reversed due to invalid waiver	Conviction is valid; remedy, if any, should be limited	Jail sentence vacated, conviction affirmed; no imprisonment for uncounseled conviction

Gideon v. Wainwright, 372 U.S. 335 (U.S. 1963) (establishing the right to counsel in criminal cases)
Faretta v. California, 422 U.S. 806 (U.S. 1975) (defendant's right to self-representation)
Von Moltke v. Gillies, 332 U.S. 708 (U.S. 1948) (standard for valid waiver of counsel)
Argersinger v. Hamlin, 407 U.S. 25 (U.S. 1972) (no imprisonment without counsel unless validly waived)
State v. Gibson, 45 Ohio St.2d 366 (Ohio 1976) (trial court must ensure defendant understands waiver of counsel)
State v. Wellman, 37 Ohio St.2d 162 (Ohio 1974) (no imprisonment for uncounseled defendants without valid waiver)