State v. Matthews, 2013 Ohio 3482

Indictment included six counts: four criminal child enticement, one gross sexual imposition, one public indecency.
Appellant moved to suppress custodial statements and pretrial photo identifications and sought severance of counts.
Trial court denied suppression and severance motions after a July 18, 2012 hearing.
Appellant pled no contest to all six counts on August 3, 2012; he was sentenced concurrently.
Statements at issue spanned a non-custodial first interview and a custodial booking interview; one statement about lying was excluded.
Lineups involved two witnesses (W.B. and N.W.) identifying appellant from a six-pack array; the courtroom record discussed compliance with RC 2933.83.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the suppression ruling on custodial statements was proper.	Matthews argues Miranda rights were violated and statements should have been suppressed.	Matthews contends the statements were involuntary or not custodial interrogation.	Overruled; most statements were voluntary and unelicited by police.
Whether the photo lineup complied with RC 2933.83 and whether identifications should have been suppressed.	State argues lineup complied with statute; non-suppressible under the statute.	Matthews asserts failure to use folder system violated RC 2933.83, requiring suppression.	Overruled; noncompliance did not mandate suppression; statute allows alternative procedures.
Whether joinder of four child-enticement counts with other offenses violated the right to a fair trial.	State argues joinder is proper under Crim.R. 8(A) and evidence is simple and direct.	Matthews contends severance was required to prevent prejudice from other acts evidence.	Overruled; court did not abuse discretion; evidence was simple and direct and severance not warranted.

State v. Treesh, 90 Ohio St.3d 460 (2001) (custodial interrogation requires Miranda warnings; voluntary statements may be admitted without Miranda)
State v. Hernandez-Martinez, 12th Dist. Butler No. CA2011-04-068, 2012-Ohio-3754 (2012) (Miranda duty arises in custodial interrogations; waiver considered but not dispositive)
State v. Bird, 12th Dist. Butler No. CA2002-05-106, 2003-Ohio-2541 (2003) (suppression review limited to substantial, credible evidence; deference to trial court on suppression rulings)
State v. Ruff, 1st Dist. Hamilton No. C-110250, 2012-Ohio-1910 (2012) (RC 2933.83 compliance is considered, but failure to comply is not itself suppression; jury may consider noncompliance in reliability determinations)
State v. Moshos, 12th Dist. Clinton No. CA2009-06-008, 2010-Ohio-735 (2010) (joinder allowed when evidence is simple and direct; no abuse of discretion in denial of severance)
State v. Ashcraft, 12th Dist. Butler No. CA2008-12-305, 2009-Ohio-5281 (2009) (multiple sex offenses involving different victims can be joined if evidence is simple and direct)
State v. Lott, 51 Ohio St.3d 160 (1990) (joinder favored where offenses are similar in character; severance allowed under Crim.R. 14 for prejudice)