State v. Nicholson

Citations

• 2021 Ohio 1300

Syllabus

Motion to appoint new counsel untimely, presumption of bad faith Crim.R. 11(C) guilty plea knowingly intelligently and voluntarily. Appellate courts review a trial court's decision whether to remove court-appointed counsel for an abuse of discretion. Although Nicholson suggests the trial court summarily denied his motion without consideration, the trial court noted that the motion was being made on the day of trial. There is a presumption of bad faith that must be overcome if the request for new counsel is made on the day of trial. The record reveals the trial court considered the request with the proper safeguard for Nicholson's constitutional rights. We find no abuse of discretion, because the request was not timely and not supported by good cause. Due process requires that a defendant's plea be made knowingly, intelligently, and voluntarily otherwise, the defendant's plea is invalid. The purpose of Crim.R. 11(C) is to provide the defendant with relevant information so that he can make a voluntary and intelligent decision whether to plead guilty. A trial court must strictly comply with the Crim.R. 11(C)(2)(c) requirements that relate to the waiver of constitutional rights. Our review indicates the trial court strictly complied with the requirements of Crim.R. 11(C). As such, we find that Nicholson's plea was made knowingly, intelligently, and voluntarily.