State v. Roland, 2013 Ohio 1382

Robin Roland was convicted of criminal trespass in Butler County Area II Court after entering his ex-wife's property on December 1, 2011.
Roland had requested indigent defense and was appointed counsel for a bench trial scheduled for January 2012; counsel withdrew due to breakdown in communication and Roland proceeded pro se.
He was found guilty and sentenced to 30 days in jail (suspended), two years of community control, court costs, and no contact with ex-wife or minor daughter.
Appellant appealed, challenging a denial of counsel and the sufficiency and weight of the evidence.
The trial court failed to obtain a valid knowing, intelligent, and voluntary waiver of counsel, triggering reversal and remand for a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver of counsel validity	Roland contends waiver was invalid due to inadequate advisement.	State concedes waiver was not validly obtained.	Waiver of counsel invalid; first assignment sustained.
Sufficiency of the evidence	State argues evidence shows lack of privilege beyond a reasonable doubt.	Roland asserts insufficient proof of lack of privilege.	Evidence sufficient to support lack of privilege; conviction upheld on sufficiency review.
Weight of the evidence	State asserts verdict not against the manifest weight of the evidence.	Roland argues the verdict is against the weight of the evidence.	Moot because reversal for new trial on first assignment vacates weight issue.

Gibson v. state, 45 Ohio St.2d 366 (Ohio Supreme Court, 1976) (establishes requirement to inform defendant about charges and consequences for valid waiver)
Faretta v. California, 422 U.S. 806 (U.S. Supreme Court, 1975) (right to self-representation requires knowing, intelligent waiver)
Von Moltke v. Gillies, 332 U.S. 708 (U.S. Supreme Court, 1948) (requires thorough inquiry into waiver of counsel)
State v. Lyons, 18 Ohio St.3d 204 (Ohio Supreme Court, 1985) (defines privilege vs. lack of privilege in trespass cases)