History
  • No items yet
midpage
State v. Johnston
2017 Ohio 8593
| Ohio Ct. App. | 2017
Read the full case

Background

  • Defendant Troy W. Johnston was indicted for one count of having weapons under disability (R.C. 2923.13) after a Guernsey County grand jury returned an indictment on November 23, 2016.
  • Johnston pleaded not guilty at arraignment, then changed his plea to guilty on June 22, 2017.
  • During the plea colloquy, the trial court confirmed Johnston understood that a guilty plea waives the right to a jury trial.
  • On August 18, 2017, the trial court sentenced Johnston to 18 months in prison.
  • Johnston appealed, arguing his plea was not knowing, intelligent, and voluntary because the court did not inform him that a jury verdict must be unanimous to convict.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether a trial court must inform a felony defendant that a jury verdict must be unanimous when taking a guilty plea State: No requirement to advise of unanimity; Crim.R.11 satisfied by informing waiver of jury trial Johnston: Plea involuntary because court did not inform him jury unanimity is required for conviction Court: No, Crim.R.11 does not require advising a defendant of jury unanimity; plea was knowing, intelligent, and voluntary

Key Cases Cited

  • State v. Fitzpatrick, 102 Ohio St.3d 321 (Ohio 2004) (holding trial courts need not inform defendants that jury unanimity is required to convict)
  • Crawford v. Eastland Shopping Mall Assn., 11 Ohio App.3d 158 (10th Dist. 1983) (explaining purpose of accelerated calendar appeals and allowance for brief, conclusory decisions)
Read the full case

Case Details

Case Name: State v. Johnston
Court Name: Ohio Court of Appeals
Date Published: Nov 15, 2017
Citation: 2017 Ohio 8593
Docket Number: 17CA000022
Court Abbreviation: Ohio Ct. App.