Brookhart v. Haskins

Among the questions raised by the petitioner in his application for release by habeas corpus are:

“(4) Is it legal to put a prisoner on trial prima facie [sic]?

*42“ (5) Was this a fair trial?”

I believe that these questions should be answered in the negative.

Petitioner being indigent, the court appointed counsel pursuant to the provisions of Section 2941.50 of the Revised Code. The petitioner entered a plea of not guilty.

Upon advice of counsel, petitioner waived his right to trial by jury and agreed to be tried by the court.

Respondent contends that petitioner “agreed,” upon advice of counsel, to…