State v. Edgell

I find the majority position inconsistent. On the one hand, they find the events occurring in Guernsey County irrelevant on both the Miranda and voluntariness issues, and on the other hand they find defendant’s oral confession in Guernsey County the major support for a holding of harmless error. A determination of harmless error can only be predicated upon evidence or testimony which itself is constitutionally admissible. Moreover, as will be more fully developed herein, I dispute the majority’s determination that the motion to suppress was directed solely to the taped statement.

Prior to…