2014 Ohio 4382
Ohio Ct. App.2014Background
- Dawson was indicted by grand jury for felonious assault with firearm and related specifications, tampering with evidence, and having a weapon under disability with a forfeiture specification.
- Pursuant to a plea agreement, he pleaded guilty to having a weapon while under disability with the forfeiture specification; two counts were nolled.
- The trial court sentenced him to one year in prison and ordered forfeiture of the handgun.
- Dawson argues the plea was not knowingly, intelligently, or voluntarily entered because he was not advised that a jury verdict must be unanimous in a trial.
- Crim.R. 11(C)(2)(c) requires personal advisement about waiving various rights, including the right to a jury trial, and the record must show understanding of those waivers.
- The court concludes the lack of a specific unanimity advisory does not invalidate the plea under the cited authorities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea colloquy failed to inform on jury unanimity. | Dawson claims the court should have told him a unanimous jury verdict was required. | Dawson contends the court needed to warn about juror unanimity. | No reversible error; unanimity advisory not required by Crim.R. 11(C)(2). |
Key Cases Cited
- State v. McGinnis, 8th Dist. Cuyahoga No. 99918 (2014-Ohio-2385) (strict compliance with Crim.R. 11(C)(2)(c) on rights waivers)
- State v. Veney, 120 Ohio St.3d 176 (2008-Ohio-5200) (strict compliance required; plea invalid if not given)
- State v. Ketterer, 111 Ohio St.3d 70 (2006-Ohio-5283) (unanimity not expressly required to inform during waiver)
- State v. Fitzpatrick, 102 Ohio St.3d 321 (2004-Ohio-3167) (no need to advise on juror unanimity for waiver)
- State v. Coleman, 9th Dist. Summit No. 26008 (2012-Ohio-1712) (unanimity advisory not mandatory in guilty pleas)
- State v. McGrady, 2d Dist. Greene No. 2009 CA 60 (2010-Ohio-3243) (unanimity not required to be stated in plea colloquy)
- State v. Howdyshell, 5th Dist. Muskingum No. CT 2008-0040 (2009-Ohio-4238) (concludes lack of unanimity warning permissible)
- State v. Simpson, 10th Dist. Franklin No. 07AP-929 (2008-Ohio-2460) (applies waiver principles to guilty pleas)
- State v. Woodland, 6th Dist. Wood No. WD-03-044 (2004-Ohio-2772) (unanimity not expressly required to be advised)