State v. Knox
2018 Ohio 43
| Ohio Ct. App. | 2018Background
- Larry Knox was charged in Lorain Municipal Court with obstructing official business, a second-degree misdemeanor (petty offense) in March 2016.
- Knox signed a written waiver of counsel and pleaded no contest; the judge accepted the written waiver and signed it.
- The court found Knox guilty, sentenced him to 30 days (11 days credit; 19 days suspended), suspended a $100 fine, ordered court costs, and placed him on one year of monitored time.
- Knox appealed, arguing the trial court erred by imposing jail time because there is no recorded on-the-record waiver of counsel as required by Crim.R. 22 and Crim.R. 44.
- The municipal court’s hearing recording/transcript was not included in the appellate record, and Knox did not pursue App.R. 9 procedures (statement of proceedings) to supplement the record.
- The Court of Appeals affirmed, ruling the silent record requires a presumption of regularity absent an adequate appellate record supporting error.
Issues
| Issue | Plaintiff's Argument (Knox) | Defendant's Argument (State/Municipal Court) | Held |
|---|---|---|---|
| Whether the trial court erred by imposing jail on a defendant who did not have a recorded on-the-record waiver of counsel under Crim.R. 22/44 | Knox: No compliant on-the-record/recorded waiver exists; written form alone is insufficient for petty-offense waiver when imprisonment is possible | State: Record lacks transcript but shows a written waiver signed by defendant and judge; appellant failed to use App.R. 9 to create a record; must presume regularity | Affirmed — appellant failed to supply a record; court presumes regularity and rejects claim of error |
Key Cases Cited
- Gibson v. State, 45 Ohio St.2d 366 (establishes right to self-representation and required knowing, voluntary waiver)
- Brooke v. State, 113 Ohio St.3d 199 (waiver of counsel in petty-offense cases must be on the record)
- Wellman v. State, 37 Ohio St.2d 162 (presumption of counsel being offered and intelligently rejected cannot be drawn from a silent record)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (appellant bears duty to provide record on appeal)
- Mascaro v. State, 81 Ohio App.3d 214 (written statements alone do not constitute a meaningful on-the-record dialogue for waiver)