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· 10/5/2023

Black v. Ohio Dept. of Dev. Disabilities

Citations

  • 2023 Ohio 3640

Syllabus

ADMINISTRATIVE APPEAL – R.C. 119.12(D) – DISMISSAL: The trial court did not err in dismissing appellant's administrative appeal for lack of subject-matter jurisdiction. Appellant's failure to timely file a notice of appeal with both the Board and the trial court, in accordance with R.C. 119.12(D), deprived the trial court of jurisdiction and was thus fatal to her administrative appeal. Judgment affirmed.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that purpose behind Miranda was “preventing government officials from using the coercive nature of confinement to extract confessions that would not be given in an unrestrained environment”
  • noting that defendant was advised of his Miranda rights upon arrest and again upon arrival at police station
  • stating that statements are volunteered where not the result of “compelling influences, psychological ploys, or direct questioning”
  • police did not interrogate suspect by permitting wife to speak with suspect and hoping that suspect would make admission; suspect “was not subjected to compelling influences, psychological ploys, or direct questioning”
  • tape recorded conversation between defendant and his wife was not \functional equivalent\ of interrogation, where detective asked no questions about crime or conduct during call, and evidence did not suggest call was psychological ploy
  • Miranda applied to “functional equivalent” of interrogation

Source: CourtListener parenthetical corpus (CC0).

Judges: Edelstein

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.