brookhart
janis
argued
decided
april
petitioner
indicted
forgery
offenses
waived
jury
trial
though
petitioner
insisted
way
pleading
guilty
counsel
consented
prima
facie
trial
procedure
conceded
trial
practical
equivalent
guilty
plea
whereby
state
makes
prima
facie
showing
guilt
defense
offer
evidence
witnesses
hearing
evidence
including
alleged
confession
trial
adjudged
petitioner
guilty
sentenced
petitioner
brought
habeas
corpus
action
ohio
claiming
denial
right
sixth
fourteenth
amendments
confront
witnesses
upheld
conviction
ground
petitioner
knowingly
waived
right
counsel
consent
prima
facie
trial
held
petitioner
constitutional
right
plead
guilty
trial
confront
adversary
witness
waived
counsel
without
petitioner
consent
pp
ohio
reversed
remanded
gerald
messerman
appointment
argued
cause
petitioner
brief
lawrence
herman
also
appointment
leo
conway
assistant
attorney
general
ohio
argued
cause
respondent
brief
william
saxbe
attorney
general
justice
black
delivered
opinion
petitioner
james
brookhart
serving
first
three
consecutive
sentences
one
years
imposed
ohio
common
pleas
upon
convictions
forgery
uttering
forged
instruments
brought
action
habeas
corpus
ohio
question
raised
jurisdiction
petitioner
charged
contends
convictions
constitutionally
invalid
obtained
trial
denied
federally
guaranteed
constitutional
right
confront
witnesses
permitting
state
introduce
alleged
confession
mitchell
denying
right
state
witnesses
testified
master
commissioners
appointed
state
recommended
habeas
corpus
denied
found
petitioner
although
plead
guilty
agreed
state
prove
prima
facie
case
contest
witnesses
finding
based
oral
testimony
based
exclusively
examination
transcript
proceedings
trial
petitioner
convicted
state
accepted
commissioners
view
waiver
stating
transcript
trial
showed
open
represented
counsel
petitioner
agreed
although
plead
guilty
contest
state
case
witnesses
require
state
prove
essential
elements
crime
ohio
respondent
admits
denial
without
waiver
constitutional
error
first
magnitude
amount
showing
want
prejudice
cure
question
waiver
federally
guaranteed
constitutional
right
course
federal
question
controlled
federal
law
presumption
waiver
constitutional
rights
see
glasser
waiver
effective
must
clearly
established
intentional
relinquishment
abandonment
known
right
privilege
johnson
zerbst
deciding
federal
question
waiver
raised
must
course
look
facts
allegedly
support
waiver
upon
examination
facts
shown
record
completely
unable
agree
ohio
petitioner
intelligently
knowingly
waived
right
witnesses
whose
testimony
used
convict
trial
record
shows
following
facts
petitioner
arraigned
january
without
lawyer
pleaded
guilty
charges
two
days
later
appointed
counsel
represent
able
make
bond
remained
jail
march
time
brought
judge
trial
petitioner
appointed
counsel
told
judge
client
signed
waivers
trial
jury
wanted
tried
judge
order
verify
waivers
showed
petitioner
two
written
waivers
trial
jury
bearing
signature
asked
signature
petitioner
said
following
colloquy
among
judge
petitioner
counsel
took
place
open
ergazos
petitioner
lawyer
correct
honor
anything
kandel
nothing
ergazos
thing
honor
matter
prima
facie
case
going
witnesses
know
state
ca
taken
surprise
want
fooled
client
change
mind
half
way
trial
really
contest
state
contest
want
know
fairness
put
complete
proof
ergazos
might
say
honor
testimony
adduced
morning
leaves
question
defendant
connection
crime
like
reserve
right
time
raising
another
putting
state
spot
spot
wo
find
guilty
evidence
substantial
ergazos
jury
question
undoubtedly
ordinarily
prima
facie
case
prima
facie
case
defendant
technically
legally
effect
admits
guilt
wants
state
prove
ergazos
correct
knowing
prosecutor
knowing
instead
half
dozen
witness
one
point
one
understand
contest
brookhart
like
point
way
pleading
guilty
charge
want
stand
trial
give
jury
trial
incarcerated
last
eighteen
months
county
jail
get
credit
two
months
nerves
stand
longer
like
tried
make
mind
whether
require
prima
facie
case
complete
trial
ergazos
prima
facie
honor
interested
right
emphasis
supplied
ordered
footnotes
mitchell
pleaded
guilty
indicted
petitioner
sentenced
ohio
state
reformatory
although
reformatory
time
petitioner
trial
called
testify
person
petition
also
charged
brookhart
given
adequate
notice
charges
upon
tried
indictment
charging
forgery
uttering
forged
instruments
amended
trial
petitioner
attacks
convictions
several
constitutional
grounds
find
unnecessary
decide
additional
contentions
set
note
constitutional
rights
turn
resolution
factual
dispute
duty
bound
make
independent
examination
evidence
record
see
edwards
south
carolina
blackburn
alabama
compare
rideau
louisiana
separate
opinion
justice
harlan
find
issue
case
straightforward
record
susceptible
reading
given
concur
judgment
however
case
presents
problems
two
sorts
first
precise
nature
rights
allegedly
waived
wholly
clear
one
view
adopted
petitioner
lawyer
effect
entered
conditional
plea
guilty
defendant
another
interpretation
certainly
arguable
find
agreement
petitioner
counsel
trial
involve
matter
trial
procedure
believe
lawyer
may
properly
make
tactical
determination
run
trial
even
face
client
incomprehension
even
explicit
disapproval
decision
example
whether
specific
witness
think
clearly
one
counsel
alone
although
contended
waiver
nothing
tactical
choice
nature
believe
federal
constitutional
purposes
procedure
agreed
instance
involved
significant
surrender
rights
normally
incident
trial
amounted
almost
plea
guilty
nolo
contendere
believe
due
process
clause
fourteenth
amendment
plea
may
entered
counsel
client
protest
second
given
need
petitioner
approval
entry
plea
question
arises
whether
petitioner
fact
agree
tried
prima
facie
trial
without
opportunity
witnesses
ohio
basis
examination
record
found
petitioner
agreed
state
prove
prima
facie
case
contest
witnesses
brookhart
haskins
ohio
independent
examination
relevant
portion
record
reprinted
ante
pp
finds
petitioner
intelligently
knowingly
agree
tried
proceeding
equivalent
guilty
plea
ante
decisive
fact
course
state
petitioner
mind
understanding
intention
counsel
stated
trial
prima
facie
honor
interested
reading
record
leaves
substantial
doubt
petitioner
actual
understanding
end
pertinent
courtroom
colloquy
doubt
enhanced
general
unfamiliarity
seems
exist
ohio
prima
facie
practice
see
question
satisfactorily
resolved
solely
existing
record
therefore
vacate
judgment
remand
case
hearing
appropriate
state
procedures
determine
whether
petitioner
fact
knowingly
freely
choose
guilt
determined
type
trial
failing
availability
proceedings
state
courts
avenue
federal
habeas
corpus
open
petitioner
determination
issue
ohio
characterized
procedure
unusual
ohio
oral
argument
assistant
attorney
general
ohio
noted
unaware
procedure
practice
found
statute
rules
state
explains
procedure
follows
statutory
plea
nolo
contendere
ohio
felony
cases
therefore
one
charged
crime
knows
successfully
defend
plea
guilty
subject
penalty
civil
suit
arising
factual
situation
without
recourse
plea
nolo
contendere
permitted
federal
courts
certain
state
courts
circumvent
difficulty
ohio
courts
allowed
done
accused
enter
plea
guilty
arrangement
require
prosecution
prove
prima
facie
case
brief
note