State v. Barnes, 2010-Ohio-987 - Third District Court of Appeals of Ohio

Barnes presented GPS evidence to prove he wasn't speeding, but failed to provide follow-up evidence of the accuracy of his GPS unit in his cellular phone.  He then argued on appeal that he was denied a closing argument in addition to the fact the court ruled against the manifest of evidence, we will cover the closing argument.

CLOSING ARGUMENT:
"Thus, a trial court is not permitted to totally deny a criminal defendant the opportunity to present a closing argument whether his trial is to a jury or to the bench. Id., see also, e.g., State v. McCausland, 124 Ohio St.3d 8, 918 N.E.2d 507, 2009-Ohio-5933, at ¶ 6. However, the right to present a closing argument may be waived. Id. at ¶ 7, citing Yopps v. State (1962), 228 Md. 204, 207, 178 A.2d 879.  Recently, the Ohio Supreme Court held that such a waiver need not be express, intentional, and voluntary. McCausland, 2009-Ohio-5933, ¶¶ 8-10. Rather, “[a] criminal defendant waives the Sixth Amendment right to present a closing argument when he or she neither requests a closing argument nor objects to its omission.”

In order to claim the trial court erred by not allowing you to present a closing argument, you must have expressley requested the closing argument or objected to the court stating you object to any ruling because you have not been granted your Sixth Amendment right to a closing argument.  Failure to do so does not allow you to win an Appeal based on the courts error.