State v. Leach
Ohio Court of Appeals
1Opinion of the Court
Painter, Presiding Judge.
{¶ 1} We hold that the cumulative effect of the trial court’s erroneous admission of evidence denied the appellant, Thomas P. Leach Jr., a fair trial. We also conclude, as part of that holding, that it is error for the state to use a defendant’s invocation of his constitutional right to remain silent as substantive evidence of the defendant’s guilt in its case-in-chief. This holding applies whether the right has been invoked before or after the defendant has been given his Miranda rights.
I. The Appeal
{¶ 2} A jury found Leach guilty of one count of attempted rape, one…
Also in this document: Concurrence.
2Cases cited30 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- State v. ThompkinsOhio Supreme Court · 1997
- Doyle v. OhioSupreme Court of the United States · 1976
- Malloy v. HoganSupreme Court of the United States · 1964
- Jenkins v. AndersonSupreme Court of the United States · 1980
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3Cited by19 opinions
- Setters v. DurraniOhio Court of Appeals · 2020
- State v. MayOhio Court of Appeals · 2012
- State v. GatewoodOhio Court of Appeals · 2021
- State v. Encarnacion, Court of Appeals of Ohio, Tenth District, Franklin County2017
- State v. PenningtonOhio Court of Appeals · 2018
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