Legal Question in Criminal Law in Ohio

Miranda Rights federal v State

1. If a Fereral Agent reads Miranda and rights are invoked, does that carry over into the jurisdiction of other states for reasons of transport and arrival to home state questioning? IE: I invoke my rights to local authorities in Tennessee, to the Feds and US Marshalls. I am respected and not questioned. Upon arrival into Ohio, I am questioned for 3 days w/o attorney- informing them I had already invoked my rights out of state and Federally.

2. Appeal Process: Last week I found out that evidence submitted during trial was not obtained at the crime scene, as stated at trial. It was stated during trial that they (police) collected a bullet from a mattres 1 1/2 months after a murder when in fact the matress was disposed of 2 WEEKS AFTER the murder. Do I bring this to the courts attention now, (appeal has not been filed) as I do not think that an appellate attorney would be able to use information that is not within the transcripts?

Please help ASAP and thank you for your time and for reading this.


Asked on 5/28/06, 1:49 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: Miranda Rights federal v State

Miranda Issue:

Once you informed the Ohio authorities that you wanted to assert your fifth amendment right to counsel, all questioning should have ceased. Whether you previously invoked it with federal authorities in another jurisdiction is irrelevant.

Evidence:

If the information you describe was not in the record of trial then your appeal lawyer will be unable to use it. Nevertheless, you should let the appeal lawyer know right away, as there are sometimes ways to get things into the record after the trial is over. However, the time period is very short.

Best of luck!

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Answered on 5/29/06, 12:17 pm


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