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STATE v. LATHER

No. 2005-0400.

110 Ohio St.3d 270 (2006)

2006-Ohio-4477

THE STATE OF OHIO, Appellant, v. LATHER, Appellee.

Supreme Court of Ohio.

Decided September 13, 2006.

Attorney(s) appearing for the Case

Thomas L. Stierwalt, Sandusky County Prosecuting Attorney, and John P. Kolesar, Assistant Prosecuting Attorney, for appellant.

Michael W. Sandwisch, for appellee.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, and F.E. Crawford, Deputy Solicitor, urging reversal for amicus curiae Ohio Attorney General.

William F. Schenck, Greene County Prosecuting Attorney, and Eric A. Baum, Assistant Lucas County Prosecuting Attorney, urging reversal for amicus curiae Ohio Prosecuting Attorneys Association.

Franke Macke Co., L.P.A., and Jason A. Macke; David H. Bodiker, Ohio Public Defender, John A. Bay, Chief Counsel, Legal Division, and James R. Foley, Assistant State Public Defender, urging affirmance for amici curiae Ohio Association of Criminal Defense Lawyers and Ohio Public Defender.

LANZINGER, J.

{¶ 1} In this case, which we accepted as a discretionary appeal, the issue is whether a defendant's understanding of Miranda rights may be implied or must instead be stated explicitly. We hold that a suspect need not be asked directly whether he or she understands Miranda rights but that an understanding waiver of those rights may be inferred from the totality of the circumstances.

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