State v. Harmon

Citations

• 2017 Ohio 8106
• 98 N.E.3d 1238

Syllabus

The trial court did not err when it denied appellant's motion to suppress the photospread identification. The police's failure to utilize a blind administrator pursuant to R.C. 2933.83(B)(1) did not require suppression of the photospread identification. Defense counsel's tactical decision to waive the special jury instruction pursuant to R.C. 2933.83(B)(1) based upon the testimony elicited at trial did not amount to ineffective assistance. Without any evidence before the jury demonstrating non-compliance, the trial court was not required to give an instruction with respect to R.C. 2933.83. The totality of the circumstances surrounding appellant's interrogation establish that the Miranda warnings he received from police had not become \stale\ after extended questioning. Appellant's Miranda warnings were sufficiently proximate in time and place to his interrogation. Appellant's convictions for aggravated burglary, felonious assault, and robbery were not subject to merger because each offense was committed with a separate animus. Judgment affirmed.