Public-domain · open source
OpenJurist

49 Ohio St. 3d 61

State v. Parobek

Ohio Supreme Court

Decided February 21, 1990

Ohio Supreme Court · decided 1990-02-21

Cited by 12 later decisions — most recently May 1994

12 state decisions

Relies on Mastran v. Urichich · State v. Palider · Hays v. St. Elizabeth Hospital Medical Center

Good law ✅— No negative treatment on recordhow we know

Decided 1990-02-21

View the full empirical analysis of this case →

¶1This 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 246,10 OBR 343, 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.”

¶2We 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, 514 N.E. 2d 873; Cook v. Mayfield (1988), 37 Ohio St. 3d 44, 523 N.E. 2d 502; Hays v. St. Elizabeth Hosp. Medical Ctr. (1988), 38 Ohio St. 3d 60, 526 N.E. 2d 307; State v. Radar (1989), 47 Ohio St. 3d 112, 548 N.E. 2d 210.

Moyer, C.J., Sweeney, Holmes, Douglas, Harsha, H. Brown and Resnick, JJ., concur.William H. Harsha, J., of the Fourth Appellate District, sitting for Wright, J.
/49/ohiost3d/61 · .json · Public domain