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Judge says he lacks authority to overrule suppression of confession
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Mahoning County Common Pleas Court Judge R. Scott Krichbaum
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Judge John Durkin listens to testimony - Terrance Tate, whose confession was suppressed by the 7th District Court of Appeals, 8:30 a.m. The prosecution is appealing the suppression to the Ohio Supreme Court. Tate faces the death penalty.
YOUNGSTOWN — Judge R. Scott Krichbaum has declined to vacate Judge John M. Durkin’s order that suppressed murder suspect Terrance Tate’s confession to police, saying he does not think he has the authority to do so.
In making the ruling, Judge Krichbaum said he isn’t suggesting his agreement or disagreement with Judge Durkin’s ruling.
However, he noted that a three-judge panel of the 7th District Court of Appeals unanimously upheld Judge Durkin’s ruling and that the prosecution is appealing the matter to the Ohio Supreme Court. The state’s highest court hasn’t announced whether it will accept the matter for review.
Read more in Wednesday’s Vindicator and Vindy.com