State v. Davidson, 2013 Ohio 194

Sergeant Hawks smelled anhydrous ammonia/ether indicating meth production at a northern Perry County residence in Oct. 2007.
Davidson and a female occupant were detained, Mirandized, and later re-interviewed after waiver of counsel.
A search warrant was obtained around 7:30 a.m. and the house, outbuildings, and vehicles were searched.
November 13, 2007, Davidson was indicted on conspiracy, illegal assembly/possession of chemicals for drug manufacturing, and illegal manufacture of drugs.
May 2008, a jury found Davidson guilty on all three counts and he was sentenced to six years total, consecutive.
Davidson timely sought a delayed appeal challenging suppression of statements and the consecutive-sentencing scheme.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the suppression ruling on Davidson’s statements was correct	Davidson contends the court erred in denying suppression	State argues statements were voluntary and re-Mirandized after invoking counsel	Denied suppression; motion overruled
Whether the consecutive sentences for allied offenses were proper	Davidson argues sentencing violated R.C. 2941.25 by stacking allied offenses	State contends separate elements/animus permitted consecutive terms	Remanded for a new sentencing hearing with State electing the allied offense

State v. Curry, 95 Ohio App.3d 93 (1994) (guide for reviewing suppression rulings on final issue)
State v. Claytor, 85 Ohio App.3d 623 (1993) (test for application of suppression standards)
State v. Guysinger, 86 Ohio App.3d 592 (1993) (independent application of suppression standards)
Miranda v. Arizona, 384 U.S. 436 (1966) (establishes custodial interrogation rights and waivers)
State v. Salinas, 124 Ohio App.3d 379 (1997) (limits on continuation of questioning after counsel request)
Edwards v. Arizona, 451 U.S. 477 (1981) (necessity of counsel presence before further interrogation)
State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility of witnesses and appellate review of suppression)