No. 89-39 | Ohio | Feb 21, 1990
This cause came before this court upon the certification of the court of appeals that its judgment conflicted with the judgment of the Court of Appeals for Cuyahoga County in Cleveland Heights v. Stross (1983), 10 Ohio App. 3d 246" date_filed="1983-08-15" court="Ohio Ct. App." case_name="City of Cleveland Heights v. Stross">10 Ohio App. 3d 246,10 OBR 343, 461 N.E.2d 935" date_filed="1983-08-15" court="Ohio Ct. App." case_name="City of Cleveland Heights v. Stross">461 N.E. 2d 935, upon the following question:
“* * * [W]hether state action is a necessary predicate to a finding that a confession should be suppressed as not voluntary.”
We find that the judgments of the courts of appeals do not conflict on the certified question. Stross, supra, involved a confession obtained by store security supervisors (whose conduct is apparently regulated by R.C. 2935.041), whereas the confession here was allegedly coerced by a private citizen, appellant’s employer. Accordingly, the appeal is dismissed. State v. Palider (1987), 33 Ohio St. 3d 68" date_filed="1987-11-04" court="Ohio" case_name="State v. Palider">33 Ohio St. 3d 68, 514 N.E. 2d 873; Cook v. Mayfield (1988), 37 Ohio St. 3d 44" date_filed="1988-05-25" court="Ohio" case_name="Mastran v. Urichich">37 Ohio St. 3d 44, 523 N.E.2d 502" date_filed="1988-05-25" court="Ohio" case_name="State ex rel. Bispeck v. Board of Commissioners">523 N.E. 2d 502; Hays v. St. Elizabeth Hosp. Medical Ctr. (1988), 38 Ohio St. 3d 60" date_filed="1988-07-20" court="Ohio" case_name="Hays v. St. Elizabeth Hospital Medical Center">38 Ohio St. 3d 60, 526 N.E. 2d 307; State v. Radar (1989), 47 Ohio St. 3d 112" date_filed="1989-12-13" court="Ohio" case_name="State v. Radar">47 Ohio St. 3d 112, 548 N.E.2d 210" date_filed="1989-12-20" court="Ohio" case_name="In re Watson">548 N.E. 2d 210.