State v. Johnson
2017 Ohio 8340
| Ohio Ct. App. | 2017Background
- On Jan. 6, 2017, Trooper Allison Kindler used radar to record Gregory Johnson driving 67 mph in a 55 mph zone; Johnson was cited for a minor misdemeanor speeding offense under R.C. 4511.21(D)(1).
- Trial before the Bryan Municipal Court was set for Mar. 2, 2017; Johnson’s counsel moved twice to continue and to convert the bench trial to a pretrial because of a scheduling conflict with a serious felony pretrial in another court.
- The trial court denied both continuance requests; Johnson’s counsel did not appear for trial and Johnson proceeded pro se at the bench trial.
- The state presented Trooper Kindler as its sole witness; Johnson introduced no evidence or witnesses.
- The trial court found Johnson guilty, imposed a $45 fine and court costs, and Johnson timely appealed, arguing the continuance denial, lack of Crim.R. 12(F) findings, and deprivation of the right to counsel.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Johnson) | Held |
|---|---|---|---|
| Whether denial of continuance was an abuse of discretion | Court properly exercised discretion; multiple prior reschedulings and the motion sought conversion to pretrial rather than simply a later trial date | Denial was arbitrary and prejudicial given counsel’s scheduling conflict with a major felony pretrial | No abuse of discretion; denial upheld (trial court’s reasons reasonable under Unger factors) |
| Whether Crim.R. 12(F) required on-the-record factual findings when denying continuance | Not required where appellate record contains sufficient information for review | Trial court erred by not stating essential findings on the record | No reversible error; record sufficed for review under precedent |
| Whether forcing defendant to proceed pro se violated Sixth Amendment right to counsel | Not applicable because offense was a minor misdemeanor carrying no jail time; no constitutional right to appointed counsel | Denial of counsel amounted to deprivation of Sixth Amendment right | No violation; no right to appointed counsel for minor misdemeanor (Scott v. Illinois) |
Key Cases Cited
- Ungar v. Sarafite, 376 U.S. 575 (U.S. 1964) (standard for reviewing denial of continuance; discretionary review under due process)
- State v. Unger, 67 Ohio St.2d 65 (Ohio 1981) (factors to assess abuse of discretion in continuance denials)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion defined as unreasonable, arbitrary, or unconscionable)
- Scott v. Illinois, 440 U.S. 367 (U.S. 1979) (no right to appointed counsel when only fine may be imposed)
- State v. Brandon, 45 Ohio St.3d 85 (Ohio 1989) (Ohio application of Scott regarding right to counsel for misdemeanors)