2014 Ohio 771
Ohio Ct. App.2014Background
- Appellant Bo Guess was indicted while incarcerated on multiple felony stalking and intimidation counts; he sought to proceed pro se with standby/assisting counsel appointed.
- Counsel initially appointed, then moved to withdraw; new counsel was appointed as "standby" to assist when requested.
- At arraignment (Apr 13, 2011) Guess expressed desire to represent himself but requested assisting counsel; court appointed standby counsel.
- On Nov 29, 2011 Guess, appearing pro se with standby counsel present, pleaded guilty to four misdemeanors for making false allegations against a peace officer and was sentenced to concurrent six-month jail terms.
- On appeal Guess argued he did not knowingly, voluntarily, and intelligently waive his right to counsel; the state argued standby representation negated the need for a waiver inquiry.
- The Fourth District found the trial court failed to conduct the required waiver colloquy (and did not obtain a written waiver), reversed the conviction, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Guess validly waived his Sixth Amendment/right-to-counsel protections when proceeding pro se with standby counsel | The State contended Guess never effectively waived and that appointment of standby counsel lessened the court's inquiry obligations | Guess argued he knowingly and voluntarily chose to represent himself and should be permitted to waive counsel | Trial court erred: waiver was not shown to be knowing, intelligent, and voluntary; reversal and remand required |
| Whether the trial court was required to advise Guess of dangers/disadvantages of self-representation and obtain written waiver under Crim.R. 44(C) | The State suggested presence of standby counsel obviated full waiver colloquy | Guess argued the court failed to inform him of the risks and failed to secure a valid written waiver | Held that the court failed to satisfy Faretta/Martin requirements and did not obtain the required written waiver; waiver invalid |
Key Cases Cited
- Argersinger v. Hamlin, 407 U.S. 25 (right to counsel where imprisonment may be imposed)
- Gideon v. Wainwright, 372 U.S. 335 (right to appointed counsel in felony cases)
- Faretta v. California, 422 U.S. 806 (defendant may waive counsel and proceed pro se only after knowing, intelligent waiver)
- Von Moltke v. Gillies, 332 U.S. 708 (waiver must be made with apprehension of nature of charges and consequences)
- Anders v. California, 386 U.S. 738 (procedures for appointed counsel to withdraw on appeal if case is frivolous)
- State v. Martin, 103 Ohio St.3d 385 (Ohio standard for knowing, intelligent waiver and required colloquy)
- State v. Tymcio, 42 Ohio St.2d 39 (constitutional right to counsel for offenses punishable by imprisonment)
- State v. Wellman, 37 Ohio St.2d 162 (application of Argersinger in Ohio)
- State v. Gibson, 45 Ohio St.2d 366 (application of Faretta in Ohio)