State v. Mason

Citations

• 2017 Ohio 7065

Syllabus

Motion to suppress, hearing, Crim.R. 12(I), search warrant affidavit, Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), spatial constraint, Bailey v. United States, 568 U.S. 186, 133 S.Ct. 1031, 185 L.Ed.2d 19 (2013), Crim.R. 11, appellate court correction of postrelease control, Crim.R. 22, failure to record proceedings. The trial court did not err in failing to hold a hearing on defendant's motion to suppress under Franks and Bailey where defendant failed to support his motion by more than general denials and allegations, including failure to identify grounds supporting a Bailey violation due to spatial constraint. An appellate court may modify or correct a trial court's misstatement of the term of postrelease control. Defendant failed to object or to demonstrate material prejudice due to the failure to record a pretrial proceeding.