Prior conviction can't enhance sentence if right to counsel in first case not properly waived

The Ohio Supreme Court held Wednesday that when a defendant makes a prima facie showing that a prior conviction was unconstitutional because it was uncounseled and resulted in confinement, the state bears the burden of proving that the defendant properly waived his right to counsel in the earlier case that conviction can enhance the a penalty for a new offense. The Court also held that waivers of counsel in criminal cases had to be made on the record in open court, in writing, and involve serious offenses the conviction for which could include confinement for more than six months.

State v. Brooke, 2007 Ohio 1533