State v. Cleland, 2011 Ohio 6786

Cleland confessed to strangling Heinricht after a staged suicide scene was discovered.
Scene suggested foul play; Eichelberger implicated Cleland leading to his arrest at the airport.
Cleland was charged with multiple counts including aggravated murder, murder, aggravated burglary, and kidnapping.
Miranda warnings were given; a first interview occurred, followed by a second interview about 2.5 hours later.
Jury found Cleland guilty on all counts; sentences merged for some counts; five-year terms run consecutive to count one.
This court partly affirms, partly reverses and remands for Johnson-based merger determination.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the second interrogation required new Miranda warnings	Cleland	Cleland	No error; warnings were not stale; second interview valid
Whether evidence of victim’s felony case and mysterious vehicles was relevant	Cleland	Cleland	Evidence properly excluded; no reversible error
Prosecutorial misconduct during closing argument	Cleland	Cleland	Single remark insufficient to reverse; no substantial prejudice
Whether evidence supported all counts beyond a reasonable doubt/weight	Cleland	Cleland	Sufficient evidence; weight not against manifest weight; convictions affirmed
Whether consecutive sentences for allied offenses were proper	Cleland	Cleland	Remanded to apply Johnson for merger determination on remand

State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (two-step voluntariness analysis; inherent coercion governs voluntariness)
State v. Treesh, 90 Ohio St.3d 460 (Ohio 2001) (totality of circumstances after coercive tactics)
Colorado v. Connelly, 479 U.S. 157 (Supreme Court 1986) (coercive state action not present; voluntariness depends on totality of circumstances if coercion present)
State v. Roberts, 32 Ohio St.3d 225 (Ohio 1987) (Miranda warnings viability over time; proximity test factors)
State v. McZorn, 288 N.C. 417, 434 (N.C. 1975) (relevance to continued warnings; timing considerations)