State v. Luther

Citations

• 2021 Ohio 2697

Syllabus

The trial court did not err by failing to suppress statements that appellant made to investigating officers during an interview. The Fourth Amendment argument that appellant now asserts in support of his motion to suppress was not raised before the trial court and is therefore waived for purposes of this appeal. Even if appellant had raised the Fourth Amendment argument, the argument would have failed because the record does not support appellant's claim that he was subject to an illegal seizure of his person. As a result, appellant's claim that his trial counsel provided ineffective assistance by failing to raise the Fourth Amendment argument lacks merit, as appellant cannot establish that he suffered any prejudice from his counsel's failure. Judgment affirmed.