Friday, July 15, 2005

Aggravated Murder Conviction Reversed

The Second District Court of Appeals reversed an aggravated murder conviction because police failed to "scrupulously honor" the defendant’s assertion that he did not want to talk to them. The United States Supreme Court has stated that once a suspect cuts off questioning by police, that request must be "scrupulously honored" by the police. Michigan v. Mosley (1975), 423 U.S. 96. It wasn’t here because after the defendant cut off questioning, one of the officers told him that a co-defendant was trying to lay the blame on him and that this was his chance to help himself out. Based on those statements by the officer, the defendant changed his mind about talking and incriminated himself in the shooting. The Second District Court of Appeals reversed his conviction and remanded the case stating that the trial court erred by overruling his motion to suppress the incriminating statements.  State v. Kerby, 2005-Ohio-3734.

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