State v. Parks
2017 Ohio 4152
| Ohio Ct. App. | 2017Background
- Parks was charged in Canton Municipal Court with criminal trespass (R.C. 2911.21) and municipal littering/dumping (Canton Mun. Code 521.08) for being found in a wooded area near Market Ridge Apartments with trash bags.
- Defense counsel filed a jury demand on November 10, 2015. No written, signed jury-waiver appears in the record and no on-the-record oral waiver in open court is shown.
- At bench trial officers testified they located Parks in the tree line behind/near the apartments and observed garbage; one officer could not definitively place Parks on apartment property versus city park property.
- Parks testified he lived transiently while doing archaeological work, denied being on the apartment property, and denied intending to leave trash.
- The trial court found Parks guilty on both counts after a court (bench) trial.
- On appeal Parks argued the court tried him without a valid jury-waiver; he also raised ineffective assistance and sufficiency/manifest-weight challenges (later found moot by the appellate court).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held | |
|---|---|---|---|---|
| Whether court could conduct bench trial after defendant timely demanded jury | State: bench trial valid despite absence of signed waiver | Parks: no valid waiver in writing or on-the-record oral waiver; jury demand timely | Waiver invalid; bench trial improper; conviction reversed and remanded for new trial | |
| Remedy for invalid jury waiver in petty-offense case | State: remand for appropriate relief | Parks: new trial required | Court follows precedent: remand for new trial | |
| Whether ineffective assistance claim required resolution now | State: N/A | Parks: trial counsel ineffective | Moot due to new trial requirement | Moot |
| Whether convictions against manifest weight/sufficiency | State: evidence supported convictions | Parks: evidence insufficient/against weight | Moot pending new trial | Moot |
Key Cases Cited
- State ex rel. Jackson v. Dallman, 70 Ohio St.3d 261 (1994) (bench trial requires record proof of written or on-the-record jury waiver even in petty-offense cases)
- State v. Pless, 74 Ohio St.3d 333 (1996) (remedy for invalid jury waiver is remand for new trial)
- State v. Tate, 59 Ohio St.2d 50 (1979) (discusses requirement for waiver and trial court jurisdiction when jury demanded)