State v. Johnson
2016 Ohio 7266
| Ohio Ct. App. | 2016Background
- On Feb. 4, 2015 inmates at Warren Correctional Institution fought; two improvised weapons were recovered: a laundry bag with an adapter (near Adams/Vondrak) and a laundry bag with a rock wrapped in a sock (near Johnson/Breeding).
- Roger Johnson was indicted for felonious assault and possession of a deadly weapon while under detention; the assault count was later nolled and the trial proceeded on the weapon charge (bill of particulars: "rock inside a bag").
- Johnson initially moved pro se, executed a written waiver of counsel after a colloquy, and standby counsel was appointed; Johnson later asked standby counsel to take over prior to defense case.
- Pretrial motions included challenges to video authenticity, suppression of statements to Trooper Williams, and subpoenas for inmate and ODRC records; the court limited production of some records and quashed certain subpoenas (Robinson, Bockerstette).
- At trial the state admitted video, the two recovered weapons, medical evidence, Johnson’s waivered audio statement (in which he admitted using a rock-in-bag type weapon), and a certified prior aggravated robbery conviction; the jury convicted Johnson of possession of a deadly weapon while under detention and he was sentenced to 3 years consecutive.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Johnson) | Held |
|---|---|---|---|
| Validity of waiver of counsel | Court substantially complied with requirements; Johnson knowingly waived after colloquy and signed waiver form | Waiver invalid — court did not discuss nature of charges, possible penalties, or defenses sufficiently | Waiver upheld: totality of circumstances showed waiver was knowing, voluntary, intelligent |
| Admissibility/authenticity of video | Video was authenticated, included footage Johnson claimed missing, and was relevant | Video was spliced/manipulated; missing footage prejudiced defense; trial court failed to rule pretrial | No reversible error: video played at trial included the contested footage; Johnson did not object at trial (waived except plain error) |
| Suppression/voluntariness of custodial statement | Recording shows Miranda warnings and waiver; statements voluntary under totality of circumstances | Williams promised the interview would be "off the record" and used deceptive tactics to induce confession; statements involuntary | Denied suppression: recording evident, Miranda waived, totality of circumstances shows voluntariness; post‑recording comments not used at trial |
| Scope of subpoenas / production of ODRC conduct reports and witness subpoenas | State/ODRC argued records confidential/unduly burdensome; some subpoenas quashed as pretext or irrelevant | Needed conduct reports and inmate witnesses to prove duress and impeachment; compulsory process violated by quashing Robinson subpoena | Court did not abuse discretion: limited production for witness recollection only; Robinson subpoena quashed because record showed intent to procure fabricated testimony; no violation of compulsory process shown |
| Jury instructions (weapon specificity & accomplice instruction) | General deadly‑weapon instruction correct and matched evidence; accomplice instruction unnecessary but harmless | Jury should have been limited to the specific weapon in bill of particulars (rock-in-bag); accomplice instruction improper because Adams did not testify against Johnson | Instruction on deadly weapon upheld (bill of particulars matched state’s proof). Accomplice instruction was error but harmless given overwhelming evidence of guilt |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (1975) (criminal defendant has Sixth Amendment right to self-representation but waiver must be knowing and intelligent)
- Iowa v. Tovar, 541 U.S. 77 (2004) (waiver inquiry must ensure defendant understands consequences; no fixed script required)
- State v. Gibson, 45 Ohio St.2d 366 (1976) (trial court must make sufficient inquiry to ensure waiver of counsel is knowing, intelligent, and voluntary)
- Von Moltke v. Gillies, 332 U.S. 708 (1948) (waiver requires apprehension of nature of charges, penalties, and defenses)
- Miranda v. Arizona, 384 U.S. 436 (1966) (custodial interrogation requires advisal of rights and a valid waiver for admissibility)
- Hopkins v. Cockrell, 325 F.3d 579 (5th Cir. 2003) (example where confidential assurances and repeated interviews rendered confession involuntary under totality of circumstances)