2013 Ohio 1445
Ohio Ct. App.2013Background
- Brusiter was indicted in 2011 on two counts of aggravated murder with murder-for-hire specifications, along with kidnapping, insurance fraud, and tampering with evidence.
- He moved to suppress all statements to police, arguing Miranda violations; the trial court denied the motion in 2012.
- Pursuant to a plea agreement, Brusiter pled guilty to one count of aggravated murder with a three-year firearm specification; other related charges were adjusted (murder-for-hire spec deleted; some firearm specs removed).
- The court sentenced Brusiter to 30 years to life for aggravated murder, plus concurrent terms for kidnapping, insurance fraud, and tampering with evidence, totaling 33 years to life.
- Brusiter filed a delayed appeal challenging the denial of the suppression motion; the appeal is now before the court in this post-plea context.
- The State argues Brusiter waived his right to appeal the suppression ruling by pleading guilty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the guilty plea waived the suppression appeal | Brusiter waived all appealable errors by pleading guilty. | Crim.R. 11(C) required informing him of the plea’s effect on pretrial rulings; error remains. | Waiver applies; court affirms, finding no reversible error. |
Key Cases Cited
- State v. Milczewski, 2012-Ohio-1743 (8th Dist. 2012) (plea waiver of appellate questions when guilty plea entered)
- State v. Kelley, 57 Ohio St.3d 127 (1991) (plea waiver and knowing voluntary plea standards)
- State v. Ramsey, 2012-Ohio-134 (3d Dist. 2012) (waiver of suppression appeal upon guilty plea)
- State v. Wheeler, 2011-Ohio-3423 (2d Dist. 2011) (appeal rights post-plea and Crim.R. 11 considerations)
- State v. Elliott, 86 Ohio App.3d 792 (12th Dist. 1993) (no separate duty to explain plea effects on pretrial motions)
- State v. Fitzpatrick, 102 Ohio St.3d 321 (2004) (no obligation to inform about effect of guilty plea on pretrial rulings)