Ohio Supreme Court September 13, 2006, No. 2005-0400 (State v. Lather)

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United States · · · 13-09-2006

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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