Chardon v. Moyer

4 Citing cases

  1. Tallmadge v. Degraft-Biney

    39 Ohio St. 3d 300 (Ohio 1988)   Cited 16 times
    Overruling State v. Stauffer, 48 Ohio St.2d 54

    These include the appointment of counsel, pleadings and motions to withdraw pleadings, and requests for continuances. In Chardon v. Moyer (1986), 33 Ohio App.3d 154, 514 N.E.2d 929, the defendant pled "no contest" and subsequently was permitted to change his plea and re-enter an earlier plea of "not guilty." The court of appeals held that the changing of his plea to not guilty revived his right to request a jury trial:

  2. State v. O'Rourke

    2015 Ohio 670 (Ohio Ct. App. 2015)

    In State v. Riffle, 4th Dist. Vinton No. 00CA543, 2001-Ohio-2605, we noted Crim.R. 11(B)(2) "provides that a plea of 'no contest' constitutes a waiver of the right to jury trial." Id. at *2, quoting Chardon v. Moyer, 33 Ohio App.3d 154, 155, 514 N.E.2d 929, 930 (1986) (internal citations omitted.). In Riffle, this court held that an appellant's waiver of his or her jury trial rights waives any error in regard to the trial court's denial of a motion for jury instructions.

  3. Village of South Russell v. Lowe

    2004 Ohio 6182 (Ohio Ct. App. 2004)

    {¶ 16} "`Since the trial court permitted appellant to withdraw his plea of "no contest" and resubmit a plea of "not guilty," we conclude that the result of this exercise had the express effect of negating appellant's prior waiver of his right to a jury trial.'" Tallmadge v. DeGraft-Biney, 39 Ohio St.3d at 302, quoting Chardon v. Moyer (1986), 33 Ohio App.3d 154, 156. {¶ 17} In the case sub judice, Lowe waived his original jury demand in apparent anticipation of changing his plea from not guilty. This was necessary, because the jury trial was scheduled for the day before the change of plea hearing.

  4. State v. Riffle

    Case No. 00CA543 (Ohio Ct. App. Sep. 21, 2001)   Cited 2 times

    Crim.R. 11(B)(2) "provides that a plea of `no contest' constitutes a waiver of the right to jury trial." Chardon v. Moyer (1986), 33 Ohio App.3d 154, 155, 514 N.E.2d 929, 930; see, also, Stern v. Mascio (1996), 75 Ohio St.3d 422, 662 N.E.2d 370 (stating that, "the * * * no contest plea also effects a waiver of the defendant's rights to jury trial"). This Court has held that an appellant's waiver of his or her jury trial rights waives any error in regard to the trial court's denial of a motion for jury instructions.