When Does a Criminal Defendant Entitled to Court-Appointed Lawyer In Ohio ?
In State v. Tymcio (1975), 42 Ohio St.2d 39, 325 N.E.2d 556, the Ohio Supreme Court stated that a criminal defendant is entitled to court-appointed counsel when a defendant is unable to employ counsel rather than requiring indigency.
The court found that the determination of need must not depend on whether an accused ought to be able to employ counsel, but whether he is able to do so.
In State v. Caulley (1999), 132 Ohio App.3d 706, 725 N.E.2d 1229, this court stated that the abuse of discretion standard applies to the determination of whether a criminal defendant is entitled to court-appointed counsel.
In Caulley, this court found that the trial court had abused its discretion in not appointing counsel and providing a transcript at state expense, even though the defendant had filed his notice of appeal on the same day as his affidavit of indigency and motions for appointment of counsel and preparation of a trial transcript at state expense.