State v. Foster
2022 Ohio 1293
Ohio Ct. App.2022Background
- Vaton Foster was indicted for one count of fourth-degree felony domestic violence (R.C. 2919.25(A)).
- He submitted to a bench trial, was found guilty, and sentenced to three years of community control with up to six months residential treatment.
- Foster appealed; his sole assigned error argued the conviction was against the manifest weight of the evidence.
- The State raised a separate, dispositive issue: there is no written, signed jury-waiver filed in the record as required by R.C. 2945.05.
- The appellate court reviewed the certified record, found no written jury waiver, and held the trial court lacked jurisdiction to try the case without strict compliance with R.C. 2945.05.
- The court reversed and remanded for a new trial; Foster’s manifest-weight assignment was rendered moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to try Foster without a written, signed, filed jury waiver per R.C. 2945.05 | State: No written waiver appears in the record; failure is plain error and requires reversal/remand | Foster: Did not raise waiver error on appeal; primary argument was manifest-weight challenge | Reversed and remanded for new trial because R.C. 2945.05 requires strict compliance and no written waiver was filed |
Key Cases Cited
- State v. Pflanz, 135 Ohio App.3d 338 (1st Dist. 1999) (failure to file a written jury waiver is plain error per se)
- State v. Lomax, 114 Ohio St.3d 350 (Ohio 2007) (a jury waiver must be in writing, signed, filed, part of the record, and made in open court)
- State v. Pless, 74 Ohio St.3d 333 (Ohio 1996) (absent strict compliance with R.C. 2945.05, trial court lacks jurisdiction to try defendant without a jury)