State v. Smith, 90559 (2-19-2009)

JOURNAL ENTRY AND OPINION

{¶ 1} Appellant Eric Smith appeals his murder conviction and assigns the following errors for our review:

"I. Whether the trial court erred in allowing evidence of the appellant's post arrest statements to be considered as evidence in violation of Miranda v. Arizona, 384 U.S. 436 (1966)."

"II. Whether the appellant was deprived of effective assistance of counsel at trial."

{¶ 2} Having reviewed the record and pertinent law, we affirm Smith's conviction. The apposite facts follow.

{¶ 3} On September 21, 2006, the Cuyahoga County Grand Jury indicted Smith on one count of…