2023 Ohio 3660
Ohio Ct. App.2023Background
- May 18, 2022: Victim Myquan Taylor was shot outside an apartment complex; eyewitness (Dareona Acker) testified Trigg chased and shot Taylor; autopsy showed two wounds to Taylor's back and pelvis trauma caused death.
- Indictment: Trigg was charged with multiple counts including felony murder, felonious assault (with firearm specifications), and having weapons while under disability; he pled not guilty.
- Trigg’s account: claimed prior assault by Taylor, said Taylor brandished/attempted to fire a gun (it jammed) and then ran; Trigg admitted firing multiple shots while Taylor was running away and acknowledged prior felony convictions and a firearms prohibition.
- May 25 interview: detectives read Miranda warnings; Trigg said his attorney advised him not to talk but stated he would explain what happened, then signed a written waiver and spoke; he later moved to suppress claiming he had invoked his right to counsel.
- Trial rulings and outcome: trial court denied suppression, refused a requested self-defense instruction, and excluded some testimony as not disclosed under Crim.R. 12.2; jury convicted on murder and assault counts, bench found weapons-under-disability counts guilty; aggregate sentence imposed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statements from the May 25 custodial interview should be suppressed because Trigg invoked his Miranda right to counsel | Trigg: he invoked the right to counsel and interrogation should have stopped | State: his comment was ambiguous; he then waived rights by saying he would talk and signing the waiver | Court: No suppression — invocation was not unambiguous; Trigg knowingly waived and interview lawfully continued |
| Whether trial court erred by denying a self-defense jury instruction | Trigg: evidence (prior assault and Taylor allegedly armed) supported a bona fide belief of imminent harm | State: evidence showed Taylor fled and was shot in the back; force used was disproportionate | Court: No error — testimony showed Trigg shot Taylor while retreating, so no reasonable juror could find lawful self-defense |
| Whether trial counsel was ineffective for failing to include certain prior-incident facts in the Crim.R. 12.2 notice | Trigg: counsel’s omission prevented key testimony and prejudiced his self-defense claim | State: even with the omitted facts, the admitted conduct (shooting a fleeing person) would preclude self-defense | Court: No ineffective assistance — no prejudice under Strickland because omitted testimony would not have produced a self-defense instruction |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (1966) (custodial interrogation warnings and waiver standard)
- Edwards v. Arizona, 451 U.S. 477 (1981) (custodial interrogation must cease after invocation of counsel)
- Davis v. United States, 512 U.S. 452 (1994) (invocation of counsel must be unambiguous)
- Berghuis v. Thompkins, 560 U.S. 370 (2010) (ambiguity in invoking rights does not require cessation; context matters)
- McNeil v. Wisconsin, 501 U.S. 171 (1991) (reference to counsel must be clear to invoke right to counsel)
- Moran v. Burbine, 475 U.S. 412 (1986) (knowing and voluntary waiver standard)
- North Carolina v. Butler, 441 U.S. 369 (1979) (written/oral waiver is strong evidence of valid waiver)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance test: deficient performance and prejudice)
- State v. Burnside, 100 Ohio St.3d 152 (2003) (standard of appellate review for suppression rulings)
- State v. Comen, 50 Ohio St.3d 206 (1990) (trial court must give jury all applicable instructions)
- State v. Wolons, 44 Ohio St.3d 64 (1989) (trial judge’s discretion on jury instructions)