Glass v. Pineda

635 F. App'x 207
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 23, 2015
DocketNo. 14-4069
StatusPublished
Cited by8 cases

This text of 635 F. App'x 207 (Glass v. Pineda) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glass v. Pineda, 635 F. App'x 207 (6th Cir. 2015).

Opinion

OPINION

KAREN NELSON MOORE, Circuit Judge.

Timothy Glass appeals the district court’s denial of his petition for a writ of habeas corpus, contending that he was deprived of his Sixth Amendment right to counsel during his trial in Ohio state court. At Glass’s request, the state trial court permitted him to represent himself, which the Sixth Amendment allows if a defendant waives his right to counsel knowingly, intelligently, and voluntarily. Glass contends that the trial court did not conduct a sufficient inquiry to determine whether he understood the nature of the charges against him, the reasons why self-representation might be harmful, and the punishments he might face. Because the Supreme Court has not required trial courts to ask a particular set of questions and the record reflects a basis for concluding that Glass understood the charges and potential punishments he faced, as well as the risks of self-representation, we conclude that the state court’s determination that Glass properly waived his right to counsel was not unreasonable and AFFIRM the denial of the writ of habeas corpus.

I. BACKGROUND

A. Proceedings Before the Franklin County Common Pleas Court

On September 12, 20Ó8, Glass was indicted on charges of pandering sexually oriented matter involving a minor, and illegal use of a minor in nudity-oriented material or performance. See R. 5-1 (Indictment) (Page ID # 51-59). He was alleged to have possessed photographs of himself having sex with three different females who were sixteen or seventeen years old at the time the photographs were taken, and to have shown those .photographs to at least one other person. Although it was [209]*209not illegal in Ohio for Glass, an adult, to have sex with a sixteen or seventeen year old, Ohio Rev.Code § 2907.04(A), it was illegal to photograph such activity or publish such photographs, Ohio Rev.Code § 2907.322(A)(1), and to “transfer” such photographs, Ohio Rev.Code § 2907.323(A)(1). .

Before a lawyer was appointed to represent him, Glass filed a pro se motion to dismiss, along with requests for a bill of particulars and for discovery. See R. 5-1 (Mot. to Dismiss) (Page ID #61-62); R. 5-1 (Tenth Appellate District Decision at 15) (Page ID #368). Trial was initially scheduled to begin on January 25, 2010. That morning, Glass’s attorney, Joseph Scott, indicated that Glass wished to represent himself. See R. 5-2 (Tr. of Jan. 25, 2010 Proceedings at 13:8-14) (Page ID # 650). The trial court engaged Glass in the following colloquy:

THE COURT: ... Is it my understanding that you wish to proceed and represent yourself? I don’t think you are qualified to represent yourself. It’s my understanding you have no legal education; is that correct?
THE DEFENDANT: That is correct, your Honor.
THE COURT: How far did you go in college?
THE DEFENDANT: I have never attended college.
THE COURT: You’ve never been in college?
THE DEFENDANT: No, your Honor. THE COURT: How far did you go in school?
THE DEFENDANT: Twelfth.
THE COURT: Did you graduate from high school?
THE DEFENDANT: I did, your Hon- or.
THE COURT: My feeling is, and that is the reason I appointed Mr. Scott, because he’s well-educated with these kind of matters, professionally trained. And I think it would be a dire mistake for you to represent yourself, or attempt to represent yourself in these matters. Do you understand what I’m saying?
THE DEFENDANT: Yes, your Honor.

Id. at 14:25-15:22 (Page ID #651-52). The colloquy resumed later during that hearing:

THE COURT: Do you understand, Mr. Glass, if I were to do that, that you are bound by the same rules as a lawyer? And you are not — you just indicated to me a few minutes ago that you are not trained as a lawyer, but you understand that you’d be bound by the same rules as a lawyer as far as evidentiary matters, objections that may be made by the State. And I’m concerned that you don’t have that background and knowledge to do that.
THE DEFENDANT: I do not, your Honor.
THE COURT: And you understand my concern?
THE DEFENDANT: I do, your Honor.
THE COURT: So you’re asking to assume that responsibility, but you don’t have the background?
THE DEFENDANT: That is correct, your Honor.
THE COURT: Don’t you think that is a bit of — it’s more than a challenge?
MR. SCOTT: He has indicated to me he has tried cases before; is that correct?
THE DEFENDANT: I have, your Honor.
THE COURT: I don’t know what kind of cases those were or those may have been, but these are 18 counts of very serious allegations. And you tell me what you would prefer to do, Mr. Glass.
[210]*210THE DEFENDANT: What I would prefer to do is to have Mr. Scott represent me and I act as a co-counsel to be able to address the Court, the jury or the witnesses.
THE COURT: I will permit you to do that, Mr. Glass, with the understanding that I am told in advance who’s going to be doing what, okay?

Id, at 26:25-28:5 (Page ID # 663-65).

The Court began voir dire, id. at 40:25 (Page ID # 677), but the government rein-dicted Glass on the same charges, in order to extend the time period applicable to the pandering charges. See R. 5-2 (Tr. of Jan. 27, 2010 Proceedings at 59:17-60:8) (Page ID # 696-97). The trial court set a new trial date of March 10, 2010. See id. at 67:16-18 (Page ID # 704).

On March 10, 2010, the court revisited the issue of Glass’s self-representation:

THE COURT: Okay. I think you should listen carefully [to] what the Court has said, not only today, but’ on a previous occasion, that it would be, in my judgment, in your best interest that you permit the professional, Mr. Scott, to represent you in these matters. He is the one that has been — he is prepared, he is educated, and he’s been doing this for a number of years. And it would be like the Court trying to perform surgery on himself. It just doesn’t work very well. You ought to listen closely to what your counsel has to say. And I have confidence that Mr. Scott will effectively represent your interest in these matters. And the Court urges you to listen carefully to your counsel.
* & %
THE COURT: How do you wish to proceed?
THE DEFENDANT: I would like to — I would like to act as my attorney.
THE COURT: You wish to represent yourself?

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Cite This Page — Counsel Stack

Bluebook (online)
635 F. App'x 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glass-v-pineda-ca6-2015.