State v. Willis

2025 Ohio 688
CourtOhio Court of Appeals
DecidedFebruary 28, 2025
DocketWD-24-023
StatusPublished

This text of 2025 Ohio 688 (State v. Willis) 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. Willis, 2025 Ohio 688 (Ohio Ct. App. 2025).

Opinion

[Cite as State v. Willis, 2025-Ohio-688.]

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT WOOD COUNTY

State of Ohio/City of Bowling Green Court of Appeals No. WD-24-023

Appellee Trial Court No. 24CRB00027

v.

Christopher S. Willis DECISION AND JUDGMENT

Appellant Decided: February 28, 2025

*****

Mimi S. Yoon, for appellee.

W. Alex Smith, for appellant.

DUHART, J.

{¶ 1} Appellant, Christopher Willis, appeals from his conviction in the Bowling

Green Municipal Court following his no-contest plea to disorderly conduct with

persistence, a violation of R.C. 2917.11. For the reasons that follow, the trial court’s

judgment is affirmed. Statement of the Case and of the Facts

{¶ 2} On January 10, 2024, the Wood County Sheriff’s Office responded to a

report of harassment at appellant’s apartment building at 13152 Main Street in the

Village of Weston, Wood County, Ohio. Upon investigation, appellant was taken into

custody on grounds that he did recklessly cause inconvenience, annoyance or alarm to his

neighbor by repeatedly beating on her walls and door and that he persisted after she had

asked him to stop numerous times. Appellant was charged with disorderly conduct with

persistence in violation of R.C. 2917.11, a fourth-degree misdemeanor.

{¶ 3} On January 11, 2024, appellant was arraigned via video, at which time the

trial court notified him of the charge and the fact that it carried a sentence of up to 30

days in jail and a $250 fine. Appellant indicated his understanding of the charge and

requested court-appointed counsel. Granting appellant’s request, the trial court explained

as follows:

All right. I will schedule the matter for additional appearance with attorney….

You know the routine. You go and speak to the Public Defender’s Office. If they take your case, which they likely will, then they will file paperwork with the Court requesting that the date I’m about to give you be changed to a pretrial conference that would work best for their schedule and yours, too.

The trial court continued the case for a pretrial conference on January 24, 2024. In

addition, appellant was granted release on a personal recognizance bond with conditions

2. that he not have physical contact with the alleged victim and that he not cause, threaten or

attempt to cause physical or psychological harm to her.

{¶ 4} On January 23, 2024, the public defender filed an initial appearance,

wherein she entered her appearance as appellant’s attorney, waived time for speedy trial,

and requested a pretrial on February 26, 2024.

{¶ 5} On February 26, 2024, when appellant and the public defender appeared for

the scheduled pretrial conference, appellant’s counsel advised the court that appellant

wished to terminate his attorney-client relationship with her and to have new counsel

appointed. Appellant then, on his own initiative and without the participation of defense

counsel, moved the court to dismiss the complaint against him, first on the basis that his

accuser failed to appear three times, and then on the basis of a speedy trial violation. The

court informed appellant that his attorney had filed a speedy trial waiver on his behalf,

and appellant responded that his attorney had done so without his consent.

{¶ 6} The trial court denied appellant’s motion to dismiss and suggested that if

appellant were to enter a no contest plea to the pending charge, he could immediately

appeal the denial of this motion to dismiss on the basis of a speedy trial. Appellant asked

what it would mean for him to plead no contest, and the trial court explained:

Well, you would be convicted. And then you would have the opportunity, since it’s a no contest plea without your admitting guilt, you would have an opportunity to go to Court of Appeals and say, ‘I never did this. I never gave her the authority to do this. Not me, not me, not me.’

3. {¶ 7} Appellant waived his right to counsel and his right to a jury trial and then

entered a plea of no contest. The court made a guilty finding and imposed a sentence of

30 days in jail, with the 30 days ordered suspended, together with a fine of $250, with

$150 of that amount ordered suspended. Appellant timely appealed the conviction.

Assignments of Error

{¶ 8} On appeal, appellant asserts the following assignments of error:

I. Christopher Willis received ineffective assistance of counsel when his 6th

Amendment right to speedy trial was waived by his counsel without his

consent.

II. Christopher Willis did not make a knowing and voluntary plea when he was

pressured into pleading no contest without counsel.

Law and Analysis

Appellant’s trial counsel was not ineffective.

{¶ 9} Acknowledging that “[i]t is common practice to include a time waiver for

low level misdemeanor offenses when the accused is not in custody,” appellant argues in

his first assignment of error that he received ineffective assistance of counsel when his

attorney executed the time waiver in his case without obtaining appellant’s express

{¶ 10} To establish a claim for ineffective assistance of counsel, a defendant must

satisfy two requirements: “‘First, the defendant must show that counsel’s performance

was deficient. This requires showing that counsel made errors so serious that counsel was

4. not functioning as the “counsel” guaranteed the defendant by the Sixth Amendment.

Second, the defendant must show that the deficient performance prejudiced the defense.’”

State v. Holz, 2023-Ohio-4005, ¶ 28 (6th Dist.), quoting Strickland v. Washington, 466

U.S. 668, 687 (1984). “Proof of prejudice requires a showing ‘that there is a reasonable

probability that, but for counsel’s unprofessional errors, the result of the proceeding

would have been different.” Id., citing Strickland at 694; State v. Bradley, 42 Ohio St.3d

136 (1989), paragraph three of the syllabus.

{¶ 11} R.C. 2945.71(B)(1) provides that a defendant charged with a fourth-degree

misdemeanor must be brought to trial within 45 days after arrest or service of summons.

However, speedy trial time may be tolled by a valid waiver. See South Euclid v. Schutt,

2020-Ohio-3661, ¶ 15 (8th Dist.).

{¶ 12} In arguing that appellant’s performance was deficient, appellant asserts

only that “it is, in fact, not reasonable at all to have your constitutional rights waived

without the accused’s consent.” The law in Ohio is well-settled, however, that “[a]

defendant’s right to be brought to trial within the time limits expressed in R.C. 2945.71

may be waived by his counsel for reasons of trial preparation and the defendant is bound

by the waiver even though the waiver is executed without his consent.” State v. McBreen,

54 Ohio St.2d 315 (1978), syllabus; see also State v. Syph, 2021-Ohio-3504, ¶ 40 (6th

Dist.) (“a defendant is bound by the actions of counsel in waiving speedy trial rights by

seeking or agreeing to a continuance even over the defendant’s objections”).

5. {¶ 13} Because the sole basis for appellant’s claim of ineffective assistance of

counsel is the public defender’s submission of a speedy trial waiver without appellant’s

express consent, and because the public defender acted within its authority to waive

speedy trial time limits without appellant’s consent, appellant fails to establish the

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Related

Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
Parke v. Raley
506 U.S. 20 (Supreme Court, 1993)
State v. Dangler (Slip Opinion)
2020 Ohio 2765 (Ohio Supreme Court, 2020)
S. Euclid v. Schutt
2020 Ohio 3661 (Ohio Court of Appeals, 2020)
State v. Syph
2021 Ohio 3504 (Ohio Court of Appeals, 2021)
State v. Byas
2021 Ohio 3924 (Ohio Court of Appeals, 2021)
State v. Stone
331 N.E.2d 411 (Ohio Supreme Court, 1975)
State v. McBreen
376 N.E.2d 593 (Ohio Supreme Court, 1978)
State v. Bradley
538 N.E.2d 373 (Ohio Supreme Court, 1989)
State v. Nero
564 N.E.2d 474 (Ohio Supreme Court, 1990)
State v. Engle
660 N.E.2d 450 (Ohio Supreme Court, 1996)
Lakewood v. Hocter
2023 Ohio 375 (Ohio Court of Appeals, 2023)
State v. Holz
2023 Ohio 4005 (Ohio Court of Appeals, 2023)

Cite This Page — Counsel Stack

Bluebook (online)
2025 Ohio 688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-willis-ohioctapp-2025.