from the Court of Claims of Ohio Ct. of Cl. No. 2018-01514JD
Darrell White, pro se.
Yost, Attorney General, and Samantha J. Scherger, for
1} Plaintiff-appellant, Darrell White, appeals from
an entry of the Court of Claims of Ohio granting the motion
to dismiss of defendant-appellee, Ohio Public Defender
("OPD"). For the following reasons, we affirm.
Facts and Procedural History
2} On December 18, 2018, White filed a complaint in
the Court of Claims. The complaint alleges that White was
arrested and notified of his Miranda rights. At his
arraignment, White informed the court that he wanted an
attorney to be appointed and White paid a $25 fee. The court
appointed attorney Greg Donahue. Afterward, White chose to be
represented by attorney Ken Rexford. Subsequently, White sent
three letters to OPD inquiring about his criminal case: one
on September 26, 2018, one on October 1, 2018, and one on
October 9, 2018.
3} On October 16, 2018, Kenneth Spiert, an assistant
state public defender, responded on behalf of OPD to White in
the form of a letter which White attached to his complaint as
Exhibit A. The letter states it was being sent in response to
White's three previous letters to OPD in which White
requested OPD's assistance with filing civil lawsuits in
federal court. The letter further states that in 2015, White
filed a civil lawsuit against OPD and by doing so, White
"created a conflict of interests that prohibits this
office from advising you or representing you now and in the
future. Prof. Cond. Rule 1.7. Therefore, this office must
decline your request for assistance."
4} White further alleges in his complaint that the
failure of OPD to represent him deprived him of his right to
legal counsel and his chance of freedom. Alternatively, White
seeks redress for alleged violations of the right to counsel
established by the Sixth Amendment to the U.S. Constitution.
White demanded $7 million as compensation for his claim.
5} OPD responded to White's complaint with a
January 16, 2019 motion to dismiss, arguing the trial court
should dismiss White's complaint in its entirety pursuant
to Civ.R. 12(B)(1) and (6). White then filed a belated
memorandum contra OPD's motion to dismiss on March 7,
2019. Despite being untimely, the trial court considered
6} In a March 21, 2019 entry, the trial court
granted OPD's motion to dismiss. The trial court found
White's complaint sounded in legal malpractice, but that
White failed to allege the formation of an attorney-client
relationship between White and OPD. Further, the trial court
concluded that to the extent White's complaint asserted
claims for violations of his constitutional rights-whether
based on the Sixth Amendment or any other constitutional
basis-it lacked subject-matter jurisdiction over such alleged
violations. Thus, the trial court granted OPD's motion
and dismissed White's complaint in its entirety pursuant
to Civ.R. 12(B)(1) and (6). White timely appeals.
Assignments of Error
7} White assigns two sets of nine errors ...