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53 Ohio St. 3d 88

State v. Dailey

Ohio Supreme Court

Decided August 8, 1990

Ohio Supreme Court · decided 1990-08-08

Relies on State v. Dehass

Good law ✅— No negative treatment on recordhow we know

Decided 1990-08-08

How this case has been cited

Cited by 205 later decisions — most recently November 2025 · most notably 112 Ohio App. 3d 521 - State v. Hopfer (1996), State v. Otte (1996)

205 state decisions

8201990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Wright, J.,

¶1dissenting. While I agree with the majority that the Miranda warning was not defective in this case, I must respectfully dissent *93from the judgment reversing the trial court’s determination that appellee Edward Dailey’s statement was not made voluntarily.

¶2I would defer to the determination of the trial court, which had the opportunity to observe the witnesses in person and evaluate their testimony. It was the prerogative of the trial judge as the trier of fact to decide whether the state had met its burden of proving that the defendant’s statement was voluntarily given. State v. DeHass (1967), 10 Ohio St. 2d 230, 39 O.O. 2d 366, 227 N.E. 2d 212, paragraph one of the syllabus. The court of appeals declined to substitute its judgment for that of the trial court, and so should we. Therefore, I would affirm the judgment of the court of appeals.

Sweeney and H. Brown, JJ., concur in the foregoing dissenting opinion.
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