The latest news, practice pointers and resources for Ohio appellate law
“Because the child-abuse investigator in this case was neither a law- enforcement officer nor acting under the direction or control of the police, she was not required to provide M.H. with the Miranda warnings and his confession was not obtained in violation of his due-process rights.”
Justice Kennedy, lead opinion
“In light of the totality…
Update: On December 3, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Are you saying that’s the reason that the interview took place by the social worker, to be the shill for the police?”
Chief Justice O’Connor, to counsel for M.H.
“How do you discern…
Case Background
Then 15 year old Tyshawn Barker was taken into custody by police near midnight for questioning in regard to two fatal shootings. Another suspect had implicated Barker in those crimes during questioning earlier in the evening.
The police detectives electronically recorded Barker’s interrogation. Before questioning Barker, the police read him his Miranda rights.…
Update: Read what happened on remand in this case here.
On April 26, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Barker, 2016-Ohio-2708. In a 5-2 opinion written by Justice French, joined by Chief Justice O’Connor and Justices Lanzinger, Pfeifer, and O’Neill, the court held that R.C. 2933.81(B)…
Update: On April 28, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Where in this record can I look at this mentally challenged 15 year old who said, yeah I talked to a lawyer but I don’t know what a lawyer is. Where do I…
Update: On April 28, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On November 17, 2015, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Tyshawn Barker, 14-1560…
