Voluntariness

What Happened on Remand: Appeals Court Cuts No Slack to Tyshawn Barker.

By Marianna Bettman on October 25, 2016

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.…

Merit Decision: Court Finds R.C. 2933.81(B) Unconstitutional As Applied to Juveniles and Inapplicable to Analysis of Validity of Miranda Waiver. State v. Barker.

By Marianna Bettman on May 2, 2016

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)…

What’s On Their Minds: Voluntariness of a Juvenile Confession. State of Ohio v. Tyshawn Barker.

By Marianna Bettman on November 24, 2015

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…

Oral Argument Preview: Voluntariness of a Juvenile Confession. State of Ohio v. Tyshawn Barker.

By Marianna Bettman on November 10, 2015

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…