State v. Johnson, 2017 Ohio 8206

Around 1:45 a.m. on Feb. 12, 2016, Charles Johnson was shot by an off-duty officer at the Classic Lounge after Johnson shot and killed Darnell Mitchell; Johnson sustained a superficial shoulder wound and was treated at a hospital.
Hospital records show a .27% BAC on arrival; Johnson received sedating medication and a prescribed narcotic painkiller and was discharged to police custody ~12 hours after the shooting.
Police interviewed Johnson at the station beginning ~3:10 p.m.; Korsog read Miranda warnings, Johnson nodded he understood, and the recorded video showed lucid, responsive behavior during the ~one-hour interview.
Johnson was indicted for aggravated murder and murder with gun specifications; at trial he was convicted of murder and the gun specification and sentenced to 15 years-to-life plus 3 years.
Johnson moved to suppress his statements arguing they were involuntary due to alcohol, pain, and medication; the trial court denied suppression and the jury convicted. He also challenged the trial court’s imposition of various court costs at sentencing.
The court of appeals affirmed the denial of the suppression motion (statements deemed voluntary) but vacated the portion of the sentencing entry imposing costs for confinement and appointed counsel (no record finding of ability to pay).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Johnson's post-Miranda statements were involuntary due to intoxication, pain, or medication	State: Statements were voluntary; officer reasonably determined Johnson lucid and capable; no police coercion	Johnson: Interview occurred within hours of being shot and after medication/BAC .27, rendering statements involuntary	Court: No evidence of police coercion; video and officer testimony support lucidity; suppression denial affirmed
Whether trial court properly imposed costs (prosecution, appointed counsel, confinement, supervision)	State: Costs of prosecution are statutorily assessable; admits no record of ability to pay for confinement/appointed counsel but asks for modification/waiver	Johnson: Record lacks any finding or evidence of ability to pay; court failed to verbally notify re: prosecution costs at sentencing	Court: Failure to notify re: prosecution costs harmless under amended statute; but vacated costs for confinement and appointed counsel for lack of record finding on ability to pay

Miranda v. Arizona, 384 U.S. 436 (statement and waiver standards under Miranda)
State v. Burnside, 100 Ohio St.3d 152 (2003) (standard of appellate review for suppression: mixed question of law and fact)
State v. Eley, 77 Ohio St.3d 174 (Miranda waiver distinct from voluntariness of statement)
State v. Clark, 38 Ohio St.3d 252 (1988) (police coercion prerequisite for involuntary confession analysis)
Colorado v. Connelly, 479 U.S. 157 (1986) (mental state and police coercion distinctions in voluntariness inquiry)
State v. Joseph, 125 Ohio St.3d 76 (2010) (trial court notification and waiver issues for prosecution costs)
State v. Belton, 149 Ohio St.3d 165 (2016) (when totality analysis required for voluntariness)
State v. Edwards, 49 Ohio St.2d 31 (1977) (factors for totality of circumstances voluntariness test)