STATE v. MARTIN

No. 2003-0929.

103 Ohio St.3d 385 (2004)

2004-Ohio-5471

THE STATE OF OHIO, APPELLANT, v. MARTIN, APPELLEE.

Supreme Court of Ohio.

Decided October 27, 2004.


Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, and Saleh S. Awadallah and Lisa Reitz Williamson, Assistant Prosecuting Attorneys, for appellant.

Robey & Robey, Gregory Scott Robey and Margaret Amer Robey, Cleveland, for appellee.

David L. Strait, urging affirmance for amicus curiae, Ohio Association of Criminal Defense Lawyers.


LUNDBERG STRATTON, J.

{¶ 1} We are asked to decide what constitutes sufficient waiver of the accused's right to counsel under the Sixth Amendment of the United States Constitution and Section 10, Article I of the Ohio Constitution. In this case, because we find that the accused essentially proceeded pro se, without being sufficiently warned of the dangers of self-representation and without properly waiving his right to counsel, we affirm the judgment...

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