State v. Hunter, 2012 Ohio 1121

Hunter was charged January 7, 2009 with domestic violence under R.C. 2919.25 and unauthorized use of a vehicle under R.C. 2913.03; trial June 10, 2009 resulted in convictions on both counts.
Appeal filed June 25, 2009; initial appellate jurisdiction issue due to Crim.R. 32(C) noncompliance; new judgment-entry in Lorain Municipal Court on August 30, 2010.
On appeal, two assignments of error: (1) insufficient evidence that the victim was a family or household member under R.C. 2919.25; (2) denial of Sixth Amendment counsel rights and error in the self-representation waiver.
Trial court failed to conduct Faretta-type inquiry and did not advise Hunter of dangers of self-representation; reversed on both assignments and remanded for further proceedings.
Judgment reversed and remanded for proceedings consistent with the decision; costs taxed to appellee.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there sufficient evidence the victim was a family/household member?	Hunter	State	Yes, the evidence was insufficient

State v. Williams, 79 Ohio St.3d 459 (1997) (cohabitation elements in domestic violence)
Faretta v. California, 422 U.S. 806 (1975) (requires on-record inquiry about dangers of self-representation)
State v. Gibson, 45 Ohio St.2d 366 (1976) (necessity of knowing waiver of counsel on record)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for sufficiency of evidence beyond reasonable doubt)