State v. Harper, 2018 Ohio 2581

Arthur Harper was indicted for murder, child endangering, and felonious assault after three-year-old R.C. died from blunt-force head and neck injuries sustained while in Harper’s care.
Harper initially underwent competency proceedings; after evaluations he was found competent to stand trial.
Police interviewed Harper on Nov. 29 and Dec. 2, 2015; Harper waived Miranda rights and, after interrogation, admitted performing a wrestling “piledriver” on R.C. and reenacted it with a doll.
Medical testimony (forensic pathologist) established multiple blunt-force impacts to the skull and spinal/retinal hemorrhages; manner of death ruled homicide.
Jury convicted Harper of felony murder (with child-endangering and felonious assault as predicate felonies); count merge occurred and Harper was sentenced to 15 years to life.
Harper appealed, arguing (1) his statements were involuntary and should have been suppressed, and (2) the trial court erred by refusing lesser-included-offense instructions for involuntary manslaughter and reckless homicide.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Harper)	Held
Admissibility of Dec. 2 statements — voluntariness	Statements were knowingly waived and voluntary under totality of circumstances; interrogation techniques were permissible	Interrogation tactics (religious appeals, conscience pressure, lies) psychologically coerced Harper and overbore his will, rendering confession involuntary	Court affirmed: waiver and statements voluntary; no police coercion that overbore will; suppression denied
Lesser-included: involuntary manslaughter (via reckless assault)	Evidence showed child-endangering (recklessness causing serious harm) and death as proximate result; felony murder properly charged; evidence doesn’t support acquittal on murder but conviction on lesser	Evidence could support reckless-based lesser offense (involuntary manslaughter) and trial should have instructed jury	Court held no instruction required: viewing evidence in light most favorable to Harper, record did not reasonably support acquittal on felony murder and conviction for lesser offense
Lesser-included: reckless homicide	Same as above: felony murder supported; predicate recklessness established as element of child endangering	Jury could have convicted of reckless homicide instead of felony murder	Court held no instruction required for same reason — evidence did not reasonably permit acquittal on greater and conviction on lesser

Miranda v. Arizona, 384 U.S. 436 (Miranda warning and waiver requirements for custodial interrogation)
Arizona v. Fulminante, 499 U.S. 279 (appellate review of voluntariness and confession admissibility)
Dickerson v. United States, 530 U.S. 428 (Miranda protections and due process distinction)
Culombe v. Connecticut, 367 U.S. 568 (involuntariness standard where will is overborne)
State v. Eley, 77 Ohio St.3d 174 (separate but related voluntariness analyses for Miranda waiver and confession)
State v. Clark, 38 Ohio St.3d 252 (totality-of-circumstances test for voluntariness)
State v. Wine, 140 Ohio St.3d 409 (when trial court must give lesser-included offense instructions)
State v. Deem, 40 Ohio St.3d 205 (three-part test for lesser-included offenses)
State v. Thompkins, 78 Ohio St.3d 380 (sufficiency is a question of law)