2012 Ohio 2155
Ohio Ct. App.2012Background
- Grant Morrison was charged Jan 23, 2011 with a safety belt violation, obstructing official business, and resisting arrest during a traffic stop.
- Grant waived appointed counsel and proceeded pro se after counsel sought withdrawal and standby arrangement was discussed.
- Grant represented himself at a May 4, 2011 suppression hearing conducted after limited colloquy about rights and hybrid representation.
- On Aug 3–4, 2011, the court denied pro se motions and consolidated Donald Morrison’s and Grant Morrison’s cases for a bench trial.
- Grant was convicted of obstructing official business and resisting arrest (both second-degree misdemeanors) and sentenced to 20 days with some suspended and one year of unsupervised probation.
- The court sustained Grant’s first assignment of error (invalid waiver of counsel) and found the second assignment of error premature; judgment reversed and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Grant's waiver of counsel knowing, intelligent, and voluntary? | Morrison argued waiver was invalid under Martin/Gibson. | Morrison contended the court failed to properly warn him of self-representation dangers. | Waiver invalid; remand for proper advisement. |
| Was there sufficient evidence to convict for obstructing official business and resisting arrest? | State argued the evidence supported conviction under Jenks/Jackson. | Morrison contends insufficiency of evidence. | Question deemed premature; not reached on appeal. |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (1975) (right to self-representation implied by Sixth Amendment)
- Gibson v. State, 45 Ohio St.2d 366 (1976) (waiver requires knowing, intelligent understanding of charges and consequences)
- Von Moltke v. Gillies, 332 U.S. 708 (1948) (necessitates comprehensive inquiry into waiver)
- State v. Martin, 103 Ohio St.3d 385 (2004) (adequate advisement of perils of self-representation)
- State v. Brooke, 113 Ohio St.3d 199 (2007) (waiver of counsel must be on the record in serious offenses)
- State v. Gibson, 45 Ohio St.2d 366 (1976) (standard for valid waiver of counsel in Ohio)