Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted November 4, 2003.
Decided May 12, 2004.
Attorney(s) appearing for the Case
Michael K. Allen, Hamilton County Prosecuting Attorney, Phillip R. Cummings and Scott M. Heenan, Assistant Prosecuting Attorneys, for appellant.
Arenstein & Gallagher and William R. Gallagher, for appellee.
Paul Skendelas, urging affirmance for amicus curiae, Ohio Association of Criminal Defense Lawyers.
Supreme Court of Ohio.
Lundberg Stratton, J.
{¶ 1} Today we are asked to decide whether a defendant's pre-arrest silence may be used as substantive evidence of guilt in the state's case-in-chief and whether a defendant's post-arrest, post-Miranda assertion of his right to counsel may be used as substantive evidence of guilt in the state's case-in-chief. For all of the reasons expressed below, we hold that use of a defendant's pre-arrest silence as substantive...
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