STATE v. CLARK

No. 08 MA 15.

2009 Ohio 3328

State of Ohio, Plaintiff-Appellee, v. Damon Clark, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: June 29, 2009.


Attorney(s) appearing for the Case

Paul Gains, Prosecuting Attorney, Ralph Rivera, Assistant Prosecuting Attorney, 21 West Boardman Street, 6th Floor, Youngstown, Ohio 44503, for Plaintiff-Appellee.

John Juhasz, 7081 West Boulevard, Suite 4, Youngstown, Ohio 44512, for Defendant-Appellant.

Judges: Hon. Joseph J. Vukovich, Hon. Gene Donofrio, Hon. Cheryl L. Waite.


OPINION

VUKOVICH, P.J.

¶{1} Defendant-appellant Damon Clark appeals from his convictions of felony murder and discharging a firearm into or at a habitation. Initially, he argues that a declaration he made in the police department stairwell should have been suppressed on the grounds that it was the fruit of an arrest made without probable cause and on the grounds that it was the fruit of the Miranda violation which had caused the...

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