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STATE v. BROWN

No. 26937.

67 N.E.3d 1278 (2016)

2016-Ohio-4973

STATE of Ohio, Plaintiff-Appellant, v. Aundre BROWN, Defendant-Appellee.

Court of Appeals of Ohio, Second District, Montgomery County.

July 15, 2016.

Attorney(s) appearing for the Case

Mathias H. Heck, Jr. , by Michele D. Phipps , Montgomery County Prosecutor's Office, Appellate Division, Dayton, OH, for Plaintiff-Appellant.

Barry S. Galen , Dayton, OH, for Defendant-Appellee.

OPINION

{¶ 1} Plaintiff-appellant the State of Ohio appeals from an order of the trial court suppressing evidence. The State contends that the trial court erred by concluding that Brown was in custody at the time he was questioned. Defendant-appellee Aundre Brown contends that under the circumstances,...

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