State v. McMillan

Patton, Presiding Judge.

Plaintiff-appellant the state of Ohio (the “state”) appeals from the trial court’s grant of defendant William McMillan’s motion to suppress illegally seized evidence. The trial court concluded that McMillan’s co-defendant below, Tonya Blackman, did not voluntarily consent and could not have voluntarily consented to a search of their shared residence.

The relevant facts are as follows: This case is a companion case to State v. McMillan (Sept. 16, 1993), Cuyahoga App. No. 62795, unreported, 1993 WL 372275. McMillan and Blackman cohabitated at an apartment at Gates Mills…