City of Cleveland v. Whipkey

I concur in the judgment of the majority only. In a misdemeanor case a waiver of the rights enumerated in K. C. 2937.02 must affirmatively appear in the record before a waiver of these rights can be presumed. The two prerequisites before a plea of guilty can be justified are (1) that defendant was given information about his rights and (2) that he waived the receipt of such information. As to the second point a waiver can never be presumed from a silent record. See Boykin v. Alabama (1969), 395 U. S. 238; Carnley v. Cochran (1962), 369 U. S. 506; and Johnson v. Zerbst (1938), 304 U. S. 458.…