State v. Sherman, 2023 Ohio 2142

On April 15, 2022, Adrian Sherman drove down the grass/emergency shoulder in stopped highway traffic, striking multiple vehicles and then stopping on the shoulder; police located him in a vehicle matching the dispatch description and plate.
Sergeant Sabers observed fresh damage to Sherman’s car, confirmed Sherman was unarmed, and learned Sherman admitted driving on the shoulder to see what was happening; police charged him with failing to stop after an accident and reckless operation (first‑degree misdemeanor).
Sherman initially filed a written waiver of counsel and a jury demand; the originally assigned judge recused and a new judge took over; Sherman later executed a waiver of jury and filed motions to suppress and dismiss, which were denied after a hearing.
Sherman was tried to the bench, convicted of both charges, and sentenced to a suspended 180‑day term, community control, one‑year driver’s‑license suspension, and restitution.
On appeal Sherman raised three claims: (1) due process/judicial bias by the first judge (and related discovery denial), (2) violation of his statutory speedy‑trial right (R.C. 2945.71), and (3) denial of counsel (claiming intimidation of appointed counsel and lack of communication).
The court found the record showed timely trial (defendant‑requested continuances and a time waiver exhausted the 90‑day period), a valid written waiver of counsel, and no record evidence of judicial bias or discovery abuse; it affirmed the convictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Judicial bias / discovery denial	No transcript; presumption of regularity; no evidence judge denied discovery	First judge biased, refused discovery, violating due process	Overruled — no record support; missing transcripts mean presumption of regularity; no abuse of discretion shown
Speedy‑trial (90‑day limit)	Time tolled by defendant continuances and express time waiver; trial was on the 90th day	Trial exceeded statutory 90‑day period	Overruled — court complied with R.C. 2945.71/72; defendant’s motions and waiver tolled/excluded days
Right to counsel	Sherman knowingly, voluntarily signed a written waiver of counsel; no record of intimidation or ineffective access	Appointed counsel was intimidated into resigning; Sherman had no communication with counsel	Overruled — valid written waiver in record; no evidence in record of intimidation or lack of communication; extra‑record claims not considered on direct appeal

State v. Jackson, 73 N.E.3d 414 (Ohio 2016) (due process requires an impartial judge; defines judicial bias)
State ex rel. Pratt v. Weygandt, 132 N.E.2d 191 (Ohio 1956) (definition of judicial bias cited by Ohio courts)
State v. Gonzales, 783 N.E.2d 903 (Ohio Ct. App. 2002) (when necessary transcripts are not in the record, appellate court must presume regularity)
State v. Blackburn, 887 N.E.2d 319 (Ohio 2008) (speedy‑trial waiver must be in writing or made on the record)
State v. Martin, 129 N.E.3d 437 (Ohio 2019) (Sixth Amendment and Ohio speedy‑trial guarantees explained)
In re D.M., 18 N.E.3d 404 (Ohio 2014) (standard of review for discovery rulings is abuse of discretion)
Gideon v. Wainwright, 372 U.S. 335 (U.S. 1963) (right to counsel; defendant may waive right if waiver is knowing, intelligent, and voluntary)