State v. Rossiter

Peter B. Abele, Judge.

This is an appeal from a judgment of conviction and sentence entered by the Ross County Common Pleas Court. The state of Ohio, plaintiff below and appellant herein, appeals the trial court’s judgment granting a motion to suppress filed by Gary Rossiter, defendant below and appellee herein.

Appellant assigns the following errors:

“First Assignment of Error:

“The trial court erred in its determination that appellee was questioned in a custodial setting and therefore required to receive Miranda warnings.”

“Second Assignment of Error:

“The trial court erred by failing to use the…