State v. Townsend

Citations

• 2019 Ohio 1134

Syllabus

Crim.R. 44 — right to self-representation bias Evid.R. 611 — trial court's discretion to set procedure compulsory process reversible prejudice manifest weight jury instruction — complicity R.C. 2971.01(h)(1) — sexually violent predator merger of counts. The trial court engaged in extensive dialogue with appellant on trial procedures, questioned appellant on his understanding of those procedures, informed appellant that he would be held to the same standards as that of an attorney, referred appellant to a psychiatric evaluation and accepted appellant's timely written waiver. Appellant's request to represent himself was clearly and knowingly made. The trial court did not err in granting appellant's request to represent himself. Representing himself, a portion of appellant's questions were either inappropriate or inadmissible and properly objected to the trial court did not show bias against appellant. The trial court established the procedure that standby counsel would assist appellant. It was not error, for security reasons, that appellant was not allowed at sidebar, rather standby counsel communicated appellant's wishes to the trial court at sidebar. Appellant suffered no reversible prejudice where appellant failed to properly serve proposed witnesses with a subpoena. Appellant failed to provide any authority showing that a victim is required to testify in a rape case the trier of fact can determine guilt based on circumstantial and direct evidence and the credibility of other witnesses. Sufficient evidence was shown that a second offender was involved with the sexual assault of the victim and that appellant worked in concert with the other offender. The trial court's jury instruction on complicity was proper. Appellant's offenses occurred prior to the amendment of the statute and it was error to classify appellant a sexually violent predator based on the amended statute. Appellant's offenses involved different types of sexual activity and the trial court properly r