Garfield Hts. v. Brisbane

Citations

• 2025 Ohio 47

Syllabus

Administrative law suspension appeal; R.C. 4511.197(a); timeliness of appeal; pro se motions; discretion of court to manage its docket; ineffective assistance of counsel; no contest plea; double jeopardy. Defendant appealed his conviction for operating a motor vehicle while intoxicated after entering a no contest plea. Defendant was arraigned in January 2023. Defendant's counsel filed several motions, including an appeal of his administrative license suspension. Defendant also filed several pretrial motions. The trial court scheduled regular pretrial hearings, but defendant, his counsel, or both failed to appear at numerous pretrials throughout the pendency of the case. Further, defendant was sentenced to a six-month probation violation in another case. After his release, the court scheduled the case for trial and defendant's counsel sought two continuances. On the day before trial, defendant entered a no contest plea. On appeal, defendant argued the trial court erred by failing to hold a hearing on his administrative license appeal. However, the appeal was untimely filed and the trial court did not have jurisdiction over the appeal. Defendant argued that the trial court erred by not deciding his pro se motions, but a trial court may not entertain a pro se criminal defendant's motion when that defendant was represented by counsel. Defendant argued that the trial court abused its discretion in the scheduling of the case while he was serving his probation violation sentence. However, the trial court has discretion to manage its docket and did not abuse that discretion by continuing to schedule the case for pretrials and trial in light of defendant's and his counsel's absences. Defendant alleged his counsel was ineffective for failing to appear, failing to file motions at his request, and for seeking continuances. Defendant did not show that he would have otherwise not entered his no contest plea despite the alleged deficiencies by trial counsel. Finally, Brisbane's co