State v. Houston
2010 Ohio 6070
Ohio Ct. App.2010Background
- Houston was indicted on three counts of breaking and entering, each a felony of the third degree, for incidents at Handy Dandy and Foodtown on Wapakoneta Road in Sidney, Ohio.
- He pleaded not guilty and a jury trial began January 5, 2010.
- Before jurors were seated, Houston sought to represent himself, which the court denied as untimely.
- The State presented six witnesses and a surveillance-DVD; alibi witness became unavailable due to Houston’s instruction not to appear.
- Defense presented no evidence; the jury found Houston guilty on all three counts; he was sentenced to 33 months total, consecutive to each count.
- Houston appeals, challenging self-representation, sufficiency/weight of the evidence, and ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to self-representation timely invocation | Houston exercised right on trial day | Right should be granted when properly invoked | Untimely invocation; no error |
| Sufficiency/weight of the evidence | Surveillance and witness identifications prove guilt | Identifications undermined by felon status of witnesses | Evidence sufficient and not against weight of the evidence |
| Ineffective assistance of counsel | Counsel failed to prepare, subpoena alibi, sever counts, object to hearsay | Counsel's actions were deficient and prejudicial | No ineffective assistance established; defenses rejected |
Key Cases Cited
- McKaskle v. Wiggins, 465 U.S. 168 (U.S. 1984) (right to self-representation notwithstanding)
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (right to represent oneself must be knowingly and intelligently waived)
- State v. Cassano, 96 Ohio St.3d 94 (2002) (untimely request for self-representation; per se reversible error if denied when properly invoked)
- State v. Vrabel, 2003-Ohio-3193 (Ohio Supreme Court 2003) (untimely self-representation requests may be disallowed)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency of evidence in criminal cases)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (weight of the evidence; thirteenth juror review)
- State v. Lott, 51 Ohio St.3d 160 (1990) (joinder of offenses; Crim.R. 8; prejudice considerations)
- State v. Andrews, 2006-Ohio-3764 (Ohio Court of Appeals 3rd Dist.) (concerns on weight of the evidence and credibility)