Ohio Supreme Court, 1990

State v. Parobek

Ohio Supreme Court · Decided February 21, 1990 · Brown, Douglas, Fourth, Harsha, Holmes, Moyer, Resnick, Sweeney, Wright

49 Ohio St. 3d 61; 550 N.E.2d 476; 1990 Ohio LEXIS 74

Cases that cite this one

12 later published cases cite this decision.

Copeco, Inc. v. Caley (Ohio 1994)
Santana v. Auto-Owners Insurance (Ohio 1994)
Santana v. Auto-Owners Ins. Co. (Ohio 1994)
Copeco, Inc. v. Caley (Ohio 1994)
Freeman v. Holzer Medical Center (Ohio 1993)
Freeman v. Holzer Med. Ctr. (Ohio 1993)
Ross v. Nationwide Mutual Insurance (Ohio 1992)
State v. Varney (Ohio 1991)
Solitaria v. Stallard (Ohio 1990)
State v. Radey (Ohio 1990)
Sahrbacker v. Lucerne Products, Inc. (Ohio 1990)
State v. Todd (Ohio Ct. App. 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

This cause came before this court upon the certification of the court of appeals that its judgment conflicted with the judgment of the Court of Appeals for Cuyahoga County in Cleveland Heights v. Stross (1983), 10 Ohio App. 3d 246,10 OBR 343, 461 N.E. 2d 935, upon the following question:

“* * * [W]hether state action is a necessary predicate to a finding that a confession should be suppressed as not voluntary.”

We find that the judgments of the courts of appeals do not conflict on the certified question. Stross, supra, involved a confession obtained by store security supervisors (whose conduct is apparently regulated by R.C. 2935.041), whereas the confession here was allegedly coerced by a private citizen, appellant’s employer. Accordingly, the appeal is dismissed. State v. Palider (1987), 33 Ohio St. 3d 68, 514 N.E. 2d 873; Cook v. Mayfield (1988), 37 Ohio St. 3d 44, 523 N.E. 2d 502; Hays v. St. Elizabeth Hosp. Medical Ctr. (1988), 38 Ohio St. 3d 60, 526 N.E. 2d 307; State v. Radar (1989), 47 Ohio St. 3d 112, 548 N.E. 2d 210.

Moyer, C.J., Sweeney, Holmes, Douglas, Harsha, H. Brown and Resnick, JJ., concur. William H. Harsha, J., of the Fourth Appellate District, sitting for Wright, J.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.