State v. Boayue

Citations

• 152 N.E.3d 423
• 2020 Ohio 549

Syllabus

In appeal pursuant to certification under Crim.R.12(K), trial court erred by granting motion to suppress statements and handwriting exemplars in prosecution for illegal voting under R.C. 3599.12. Handwriting exemplars were for identification only and were outside of the scope of Fifth Amendment privilege, and defendant's statements to BCI investigator during telephone conversation were voluntary, noncustodial, and noninculpatory. Defendant's statements to investigator for Franklin County Prosecuting Attorney's office were noncustodial and voluntary. Even though defendant's appearance was prompted by grand jury subpoena, her appearance on that date was voluntary and noncustodial and occurred several days prior to the date of her scheduled appearance, she was not placed under oath or before the grand jury.