STATE v. LYNN

No. 11 BE 18.

2011 Ohio 6404

State of Ohio, Plaintiff-Appellant, v. Michael Anthony Lynn, Defendant-Appellee.

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

Dated: December 7, 2011.


Attorney(s) appearing for the Case

Attorney Chris Berhalter , Prosecuting Attorney, Daniel Fry , Assistant Prosecuting Attorney, 147-A West Main Street, St. Clairsville, Ohio 43950, for Plaintiff-Appellant.

Attorney Timothy Young , Ohio Public Defender, Katherine Szudy , Assistant State Public Defender, 250 East Broad Street, Suite 1400, Columbus, Ohio 43215, for Defendant-Appellee.

Before: Joseph J. Vukovich, Gene Donofrio, Mary DeGenaro, Judges.


OPINION

VUKOVICH, J.

{¶1} Plaintiff-appellant State of Ohio appeals the decision of the Belmont County Common Pleas Court granting defendant-appellee Michael Anthony Lynn's motion to suppress his confession. The trial court suppressed the confession because it found that the confession was not made with a full comprehension of the legal concept involved in a waiver of the right to remain silent. The state is of the position that the trial...

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