Ohio Criminal Appeals Lawyer Blog

Two out of three Judges on the Second District Court of Appeals followed the United States Supreme Court decision in Missouri v. Seibert (2004), 542 U.S. 600, because a defendant was subjected to custodial interrogation before Miranda warnings were administered and then - once the "cat was out of the bag" - she was transported to the police station where she waived her Miranda rights and confirmed what she already admitted pre-Miranda. Though the detective elicited more detail in the second interview, the content of the interrogations was the same, it was the same detective both times, and the second interview was "merely a continuation of the pre-Miranda interview initiated by Detective Smith at the crime scene." Read the decision in State v. Yvonne D. Cook, 2012-Ohio-111, here.

If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.

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The Belmont County Prosecutor appealed a judge's ruling suppressing the defendant's statement in a child sex case. The defense argued at the suppression hearing that the defendant did not understand his right to remain silent. The trial court appointed a psychologist to examine the defendant. The psychologist testified that "to a reasonable degree of psychological certainty that she did not believe [the Defendant] intelligently waived his rights." Specifically, the psychologist testified that the defendant thought that his right to remain silent meant that he could be silent unless he was asked a question. Since there were factors supporting the trial judge's decision to suppress the statement and the court of appeals must give great deference to the trial judge in an appeal from a suppression ruling, the Seventh District Court of Appeals affirmed the decision in State v. Lynn, 2011-Ohio-6404, as you can read here.

If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.

Contact me 24/7 by sending an email to ohiocriminalappealslawyer@gmail.com

Watch Professor James Duane tell you why you should not.