State ex rel. Spencer v. Forshey
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In 2016, Brian N. Spencer was convicted of possession of heroin and marijuana with a firearm specification, and having a weapon while under disability by a Franklin County Court of Common Pleas jury. On the day of the trial, Spencer requested a new attorney, claiming that his appointed counsel was colluding with the prosecutor. When the court refused, Spencer decided to represent himself, despite warnings about the risks. Following his conviction, Spencer appealed to the Tenth District Court of Appeals, arguing that his right to counsel was violated, but the court affirmed the lower court's ruling.
In 2022, Spencer filed a habeas corpus complaint in the Seventh District Court of Appeals, arguing that his convictions and sentence are void because the trial court violated his right to counsel. The court dismissed the complaint and Spencer appealed to the Supreme Court of Ohio.
The Supreme Court affirmed the Seventh District's dismissal of the complaint. The Supreme Court held that even if the trial court had violated Spencer’s right to counsel, it did not deprive the court of subject-matter jurisdiction. A violation of the defendant’s right to counsel is a structural error that is reversible on appeal, but it does not result in a sentence that is void for the court’s lack of subject-matter jurisdiction. The court further noted that Spencer had an adequate remedy in the ordinary course of law through direct appeal of his convictions and sentence, which he had already pursued. Thus, his convictions and sentences were not void and he was not entitled to a writ of habeas corpus.
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