State v. Carter

715 N.E.2d 223, 128 Ohio App. 3d 419
CourtOhio Court of Appeals
DecidedJune 18, 1998
DocketNo. 98CA5.
StatusPublished
Cited by65 cases

This text of 715 N.E.2d 223 (State v. Carter) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Carter, 715 N.E.2d 223, 128 Ohio App. 3d 419 (Ohio Ct. App. 1998).

Opinion

Kline, Judge.

Calvin L. Carter appeals his conviction for robbery in the Lawrence County Court of Common Pleas. Carter asserts that the trial court prevented him from receiving effective assistance of counsel by summarily denying his request to appoint new counsel. We agree because the trial court failed to make a minimal inquiry into Carter’s specific allegations of a complete breakdown of the attorney-client relationship.' Additionally, we find a reasonable probability that Carter would not have pled guilty if the trial court had honored his right to counsel, and therefore the error prejudiced Carter. Accordingly, we reverse the judgment of the trial court.

I

The Lawrence County Grand Jury indicted Carter on one count of aggravated robbery in violation of R.C. 2911.01(A)(1). Carter entered a not guilty plea to the charge and claimed indigency. The trial court appointed counsel to represent Carter, who filed demands for discovery and a bill of particulars on Carter’s behalf.

At the pretrial conference on January 7, 1998, Carter addressed the trial court as follows:

‘Yes, I feel that [my counsel] has not represented in the matter that I think he should. He has lied to me on several different statements that I asked him about this crime and stuff. He tells me one thing and then he comes back and tells me another thing. He, upstairs in front of the police officer, when I asked him and he said, Yes, I did say that,’ I have tried to contact him numerous times and he would not take my calls. My people on the street would try to contact him, and he would not take their calls. I feel that him and J.B. Collier are working too close together in this matter against me. I would ask the court to appoint me another attorney.”

The trial court did not inquire as to whether Carter’s counsel was dishonest with Carter in the conversation in front of a police officer or in any other conversation, whether counsel had in fact failed or refused to communicate with Carter, or whether Carter’s counsel was working with the prosecuting attorney and against Carter. Rather, the trial court addressed Carter’s request and allegations as follows:

*422 “[A]s to the appointment of counsel, the court is obligated under the laws of Ohio to appoint where defendants are indigent and without funds to retain counsel, that’s • why the court appoints. If you’re unhappy with the court appointed counsel, you’re certainly entitled to hire your own. No problem with that. * * * Keep in mind, however, that whatever attorney you speak to, and if in fact you do hire counsel, the ease is set for trial on the twenty-second of January. There are time restraints imposed upon the court by the Supreme Court of Ohio and the Constitution of Ohio about when your trial has to be held. We can’t just, they just can’t keep you there forever. You’re entitled to come before the court on a trial. In terms of removing [appointed counsel], I’m not going to do that. He is still your lawyer.”

In light of the court’s decision, Carter indicated that he wished to enter a guilty plea.

The trial court ordered Carter to confer with his counsel and sign a waiver of his right to a jury trial and a questionaire stating that he understood his rights and wished to plead guilty. Carter indicated on the form that he understood his rights but that he had no confidence in his attorney. The court accepted Carter’s guilty plea and scheduled a sentencing hearing..

At the sentencing hearing, Carter informed the victim of the robbery that he was sorry and that he hoped the victim could forgive him. The trial court sentenced Carter to seven years in prison.

Carter timely appealed, asserting the following assignment of error:

“The Court of Common Pleas of Lawrence County committed reversible error by denying the appellant his right to effective assistance of counsel under the 6th and 14th Amendments to the United State’s [sic ] and under Article I, Section 10 of the Ohio Constitution, and by not conducting a hearing on the appellant’s request for new counsel, when it summarily denied the appellant’s request to appoint new counsel after the appellant informed the court that the attorney-client relationship between the parties had so deteriorated that there was not proper communication, cooperation and trust between the appellant and his trial counsel, thus rendering the subsequent guilty plea less that [sic ] intelligent and voluntary.”

II

An indigent defendant’s right to counsel does not extend to counsel of the defendant’s choice, Thurston v. Maxwell (1965), 3 Ohio St.2d 92, 93, 32 O.O.2d 63, 64, 209 N.E.2d 204, 205-206, and does not mean that appointed counsel must develop and share “a meaningful relationship” with his client. State v. Blankenship (1995), 102 Ohio App.3d 534, 558, 657 N.E.2d 559, 574, citing Morris v. *423 Slappy (1983), 461 U.S. 1, 13, 103 S.Ct. 1610, 1617, 75 L.Ed.2d 610, 620-621. Grounds for obtaining newly appointed counsel exist only upon “a showing of good cause, such as a conflict of interest, a complete breakdown of communication, or an irreconcilable conflict which leads to an apparently unjust result.” Blankenship, supra, 102 Ohio App.3d at 558, 657 N.E.2d at 574, citing State v. Pruitt (1984), 18 Ohio App.3d 50, 57, 18 OBR 163, 170-171, 480 N.E.2d 499, 507-508. Upon such a showing, however, “failure to honor the defendant’s timely request amount[s] to a denial of effective assistance of counsel.” Pruitt at 57, 18 OBR at 170, 480 N.E.2d at 507.

The defendant bears the burden of announcing the grounds for a motion for appointment of new counsel. If the defendant alleges facts which, if true, would require relief, the trial court must inquire into the defendant’s complaint and make the inquiry part of the record. State v. Deal (1969), 17 Ohio St.2d 17, 20, 46 O.O.2d 154, 155, 244 N.E.2d 742, 743-744; State v. King (1995), 104 Ohio App.3d 434, 437, 662 N.E.2d 389, 390-391; State v. Prater (1990), 71 Ohio App.3d 78, 83, 593 N.E.2d 44, 46-47. “The inquiry may be brief and minimal, but it must be made.” King, supra, at 437, 662 N.E.2d at 390-391, citing Prater, supra. Even that limited judicial duty arises only if the allegations are sufficiently specific; vague or general objections do not trigger the duty to investigate further. See State v. Deal, supra, at 19, 46 O.O.2d at 155, 244 N.E.2d at 743. Failure to inquire into specific allegations constitutes an error as a matter of law. Id. Upon inquiry, the decision to appoint new counsel rests within the discretion of the trial judge. State v. Dukes

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Bluebook (online)
715 N.E.2d 223, 128 Ohio App. 3d 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carter-ohioctapp-1998.