State v. Perry, 2011 Ohio 2242

Perry was indicted Jan 18, 2008 on two counts of murder, two counts of tampering with evidence, one count of having weapons while under disability, and one count of trafficking, with firearm specifications and a forfeiture specification.
Two supplemental counts were added June 19, 2008: two aggravated murder and one aggravated robbery, all with firearm specifications.
Perry’s counsel moved to withdraw; trial court appointed new counsel and later co-counsel.
Perry filed a pro se motion to waive counsel; court held a hearing; motion denied Aug 25, 2008.
Trial occurred; jury convicted on multiple counts; sentences merged murder into aggravated murder with an aggregate 66 years to life; remanded for resentencing in 2010.
On appeal, this court affirmed after rearranging assignments; resentencing occurred Jan 26, 2010; Perry raises three assignments of error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Proper invocation of self-representation right	Perry asserts valid invocation to proceed pro se.	State argues invocation was not timely or unequivocal.	Assignment I overruled; denial proper because invocation not unequivocal.
Plain error for failure to instruct on self-defense	Perry claims failure to instruct on self-defense affected outcome.	State contends no plain error since defense did not raise self-defense theory.	Assignment III overruled; no plain error.
Ineffective assistance for not requesting self-defense instruction	Perry argues counsel was ineffective for not requesting self-defense.	State contends defense theory did not warrant instruction and counsel acted reasonably.	Assignment II overruled; no ineffective assistance.

Faretta v. California, 422 U.S. 806 (U.S. 1975) (constitutional right to self-representation)
State v. Gibson, 45 Ohio St.2d 366 (Ohio 1976) (waiver of right to counsel for self-representation)
Sandoval v. Calderon, 241 F.3d 765 (9th Cir. 2000) (limits on invoking right to self-representation)
State v. Cassano, 96 Ohio St.3d 94 (2002-Ohio-3751) (requirement of timely and unequivocal invocation)
State v. Dean, 2010-Ohio-5070 (Ohio Supreme Court 2010) (clear invocation required; hybrid representation barred)
State v. Martin, 103 Ohio St.3d 385 (2004-Ohio-5471) (independence of right to counsel and standby counsel)
State v. Haines, 2005-Ohio-5707 (Ohio 2005) (independence of rights to counsel and self-representation)
State v. Poole, 33 Ohio St.2d 18 (Ohio 1973) (self-defense vs. accident distinction)
State v. Robbins, 58 Ohio St.2d 74 (Ohio 1979) (elements of self-defense; imminence and retreat)
State v. Williford, 49 Ohio St.3d 247 (Ohio 1990) (self-defense elements and burden proof)
State v. Melchior, 56 Ohio St.2d 15 (Ohio 1978) (evidence sufficiency to raise self-defense issue)