State v. Harrison
2011 Ohio 3258
Ohio Ct. App.2011Background
- Harrison appealed the trial court's denial of his pro se request for new counsel following remand proceedings.
- This Court in State v. Harrison (2010-Ohio-2778) remanded for a limited inquiry into Harrison's allegations about counsel.
- On remand, the trial court heard Harrison's reasons for replacement counsel and heard from defense counsel.
- The trial court determined Harrison's allegations were insufficient to justify new counsel and denied the request.
- Harrison challenged the adequacy of the remand hearing and the court's failure to appoint new counsel for remand; the appellate court affirmed.
- The affirmed judgment sentenced Harrison to life terms on the rape counts concurrent with ten-year kidnapping sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the remand hearing provide a full and fair inquiry? | Harrison | Trial court conducted a proper limited inquiry | Yes; no reversible error on remand inquiry. |
| Was it error to deny appointing new counsel for the remand hearing? | Harrison | No statutory requirement to appoint new counsel for remand | Yes; no error; no appointment required. |
Key Cases Cited
- Deal v. State, 17 Ohio St.2d 17 (Ohio 1969) (duty to inquire into counsel effectiveness when indigent defendant questions representation)
- Prater v. State, 71 Ohio App.3d 78 (Ohio App.3d 1990) (remand for limited inquiry into counsel issues allowed; inquiry brief, minimal)
- Keith v. State, 79 Ohio St.3d 514 (Ohio 1997) (approval of limited remand inquiry framework and Beranek guidance)