2022 Ohio 4312
Ohio Ct. App.2022Background
- On Oct. 26, 2020 Terrell led a high-speed, multi-jurisdictional chase (80–120 mph) during a storm, rammed a state trooper’s vehicle, and crashed into a utility pole and canal; he told police he had “panicked.”
- Charged with multiple felonies including two counts of failure to comply with a police signal and felonious assault on a peace officer; some counts were later dismissed so three counts were tried.
- Terrell initially had appointed counsel (Whitcomb), sought to hire private counsel (including unlicensed persons Antwan Maddox and Kenneth Chloe), and then moved to represent himself; the court accepted a written waiver of counsel and appointed standby counsel Reinheimer.
- Trial proceeded with the State presenting officers and dashcam video; Terrell testified pro se, at times asserting lack of court authority and refusing to confirm he was the dashcam speaker; jury convicted on all tried counts.
- Sentenced to an aggregate term of seven to nine years; on appeal Terrell argued (1) the waiver of counsel was not knowing, voluntary, and intelligent, and (2) the court impermissibly forced unwanted standby/hybrid counsel upon him.
Issues
| Issue | State's Argument | Terrell's Argument | Held |
|---|---|---|---|
| Whether Terrell knowingly, voluntarily, and intelligently waived his right to counsel | Waiver was valid: written waiver complied with Crim.R. 44(C) for serious offenses and no contrary record exists | Waiver invalid because he believed unlicensed persons would represent him and the court should have inquired further at the waiver hearing | Waiver presumed valid; no transcript of waiver hearing provided so appellate court presumed trial court fulfilled its duty; written waiver contained required advisements — waiver upheld |
| Whether appointment and active participation of standby counsel violated Terrell’s Faretta right or produced impermissible hybrid representation | Court may appoint standby counsel over objection; Reinheimer’s participation became full representation by Terrell’s acquiescence, so no Sixth Amendment violation | Reinheimer was an unwanted interloper who actively tried the case, producing hybrid representation and depriving Terrell of self-representation | No violation: appointment of standby counsel permissible; record shows Terrell asked Reinheimer to assist and then acquiesced to counsel’s active role, so he abandoned self-rep; any hybrid aspects did not show plain error affecting outcome |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (1975) (recognizes constitutional right to self-representation)
- McKaskle v. Wiggins, 465 U.S. 168 (1984) (court may appoint standby counsel over the defendant’s objection)
- Von Moltke v. Gillies, 332 U.S. 708 (1948) (waiver of counsel must be made with awareness of the nature of charges and consequences)
- State v. Gibson, 45 Ohio St.2d 366 (1976) (Ohio recognizes independent constitutional right to self-representation and outlines waiver standards)
- State v. Martin, 103 Ohio St.3d 385 (2004) (no right to hybrid representation; distinguishes standby from hybrid counsel)
- State v. Obermiller, 147 Ohio St.3d 175 (2016) (discusses standby counsel and limits on hybrid representation)
- State v. Barnes, 94 Ohio St.3d 21 (2002) (plain-error standard and its three-prong test)
- State v. Long, 53 Ohio St.2d 91 (1978) (plain error to be applied with caution)