Miranda Rights were not intelligently waived
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.
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