State v. Catlino

• Decision Date: 03 May 1967
• Docket Number: No. 40673,40673
• Citation: 226 N.E.2d 109,10 Ohio St.2d 183
• Parties: , 39 O.O.2d 194 The STATE of Ohio, Appellee, v. CATLINO, Appellant.
• Court: Ohio Supreme Court

Page 183

10 Ohio St.2d 183

226 N.E.2d 109, 39 O.O.2d 194

The STATE of Ohio, Appellee, v. CATLINO, Appellant.

No. 40673.

Supreme Court of Ohio.

May 3, 1967.

Syllabus by the Court

1. A convicted defendant has a constitutional right to counsel on a direct appeal to the Court of Appeals from his judgment of conviction. (Douglas v. People of State of California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811, followed.)

2. In the absence of a judicial determination that a prisoner knowingly and intelligently waived his right to counsel on an appeal to the Court of Appeals from his judgment of conviction, the judgment of the Court of Appeals either dismissing the appeal or affirming the judgment of conviction will not amount to an adjudication of any claims of error that were or could have been raised on that appeal.

This proceeding for postconviction relief pursuant to Section 2953.21 et seq., Revised Code, was instituted in the Common Pleas Court of Cuyahoga County in May 1966 by a prisoner seeking relief from a judgment of December 22, 1964, of the Common Pleas Court, convicting the prisoner of a felony for which he has since been and now is imprisoned in the penitentiary. The prisoner, being an indigent, was represented at his trial by court-appointed counsel. He has not been represented by counsel since the judgment of conviction was rendered by the Common Pleas Court. He has repeatedly sought at state expense and been refused a transcript of the proceedings at his trial for the reason that he had no appeal pending. See State, ex rel. Catlino v. Clerk of Common Pleas Court of Cuyahoga County (1967), 9 Ohio St.2d 101, 224 N.E.2d 130.

Apparently, because he was taken to the penitentiary shortly after his sentence thereto, he did not have an opportunity to file his notice of appeal on or before the time limited by statute, i. e., January 21, 1965. His motion for leave to appeal was overruled by order of the Court of Appeals on March 31, 1965. On February 9, 1966, this court overruled a motion to appeal from that order of the Court of Appeals and on May 23, 1966, the Supreme Court of the United States denied certiorari.

On May 17, 1965, the prisoner filed an original action in habeas corpus in this court seeking the same relief sought in the instant postconviction proceedings. On October 13, 1965, this court remanded him to custody for the reasons set forth in Freeman v. Maxwell, Warden (1965), 4 Ohio St.2d 4, 210 N.E.2d 885.

On May 25, 1966, the Common Pleas Court, without any hearing, dismissed the petition for postconviction relief. This was affirmed by the Court of Appeals. The cause is now before this court on a motion to certify the record.

John J. Corrigan, Pros. Atty., and Leo M. Spellacy, Cleveland, for appellee.

James A. Catlino, in pro. per.

TAFT, Chief Justice.

An indigent convicted defendant has a constitutional right to counsel on a direct appeal to the Court of Appeals from his judgment of conviction. Douglas v. People of State of California (1963), 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811. The failure of our statutes to provide therefor at state expense prior to the effective date of Section 2941.50(B), Revised Code, on November 11, 1965, can obviously not interfere with...