5 results for 'cat:"Evidence" AND cat:"Miranda" AND cat:"Murder"'.
J. Kinsley finds the trial court erroneously denied defendant's motion to suppress statements made to police after he was pulled over. The arresting officer ordered defendant out of his vehicle, made several commands, accused him of several crimes, and questioned him for more than 44 minutes, all of which would have led defendant to believe he was in custody at the time of the questioning and required the officer to read him his Miranda rights. Additionally, the trial court erroneously admitted evidence of defendant's actions in Georgia before the victim was found dead in her home. The evidence was used only to establish intent - which was never challenged by defendant - and, therefore, it was "other acts" evidence that should have been excluded. Reversed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: April 26, 2024, Case #: 2024-Ohio-1604, Categories: evidence, miranda, murder
J. Clayton finds that the lower court properly convicted defendant of killing his girlfriend and sentenced him to life without parole. Under the totality of the circumstances, the evidence shows defendant made a knowing waiver of his Miranda rights before his interrogation by police. Further, the court did not abuse its discretion in admitting a recording from the victim's phone as defendant was not prejudiced by the admission due to the strong evidence of his guilt. Affirmed.
Court: Missouri Court Of Appeals, Judge: Clayton, Filed On: February 13, 2024, Case #: ED111130, Categories: evidence, miranda, murder
J. Lewis finds that defendant's murder and assault convictions stemming from the death of his mother were not against weight of the evidence, which included testimony he was the only other person at the home at the time of the victim's death, the family had several knives of the same brand used to stab the victim, and defendant "sang" about killing his mother when he was arrested, even though he had not been told of her death. Meanwhile, the trial court properly denied defendant's motion to suppress statements made to police while in the back of a police cruiser because although he had not been read his Miranda rights, no officers spoke to him or elicited the incriminating statements, which were made spontaneously and were properly admitted. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: August 4, 2023, Case #: 2023-Ohio-2700, Categories: evidence, miranda, murder
J. Smith finds the trial court properly denied defendant's motion to suppress statements during hist trial on murder, assault and related charges. Claims about his age at the time of the interview, his low intelligence, and the fact he had not slept the night before do not indicate the statements were involuntary, while he was also properly read his Miranda rights before the interview. However, the state's failure to present evidence defendant left the scene of the crime with a gun or destroyed the gun at some point, coupled with law enforcement's failure to ever recover the weapon, renders defendant's tampering with evidence conviction unsupported by the evidence in the record; therefore, it must be vacated. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: July 18, 2023, Case #: 2023-Ohio-2591, Categories: evidence, miranda, murder
J. Massing finds defendant's confession, made minutes after the murder, that he had just killed someone for "running his mouth" should have been suppressed. His confession was a product of custodial interrogation and the officer who handcuffed and frisked him did not read him his Miranda rights. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: June 7, 2023, Case #: 21-P-916 , Categories: evidence, miranda, murder