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STATE v. SMITH

No. 90559.

2009 Ohio 737

State of Ohio, Plaintiff-Appellee, v. Eric J. Smith, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: February 19, 2009.

Attorney(s) appearing for the Case

David L. Doughten, The Brownhoist Building, 4403 St. Clair Avenue, Cleveland, Ohio 44103, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, Mark J. Mahoney, Assistant County Prosecutor, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Blackmon, J., Rocco, P.J., and Celebrezze, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.:

{¶ 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...

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