STATE v. NEELY

No. C-030755.

161 Ohio App.3d 99 (2005)

2005-Ohio-2342

The STATE of Ohio, Appellee, v. NEELY, Appellant.

Court of Appeals of Ohio, First District, Hamilton County.

Decided May 13, 2005.


Attorney(s) appearing for the Case

Chris McEvilley, for appellant.

Joseph T. Deters, Hamilton County Prosecuting Attorney, and James M. Keeling, Assistant Prosecuting Attorney, for appellee.


MARK P. PAINTER, Judge.

{¶ 1} When suspects invoke their right to counsel, even if in custody, but later make statements while again in custody, does the original invocation continue forever, thus making later custodial statements inadmissible? This question has not, as far as we can tell, been answered in Ohio. We answer no. Even if a suspect, once in custody, invokes the right to counsel, if there is a break in custody for a reasonable time, then...

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