State v. Davis
2011 Ohio 5630
Ohio Ct. App.2011Background
- Airman Vincent Taylor was shot outside Whispers Nightclub; he survived but suffered permanent injuries.
- Harris provided a description and later identified Davis in a photo array two days after the shooting.
- Davis was subsequently arrested October 5, 2009; Airman Taylor recognized Davis on the news.
- Davis was indicted on attempted murder, aggravated robbery, and felonious assault with firearm specifications; some counts were dismissed.
- Davis moved to suppress the out-of-court identification; suppression court denied the motion.
- At trial, the jury convicted Davis of aggravated robbery, felonious assault, and associated firearm specifications; sentenced to 18 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct standard at trial | Davis argues misconduct denied fair trial. | State contends conduct did not deprive fair trial. | No reversible misconduct; trial fair. |
| Admissibility of photo-identification | Identification was impermissibly suggestive and unreliable. | Identification procedure not impermissibly suggestive; reliable. | Photo array not inherently suggestive; identification deemed reliable. |
| Plea agreement enforcement | State breached a lesser-sentence plea agreement after acceptance. | No evidence of any plea negotiations or agreement. | No enforceable plea agreement; assignment overruled. |
| Alibi jury instruction | Trial court erred in alibi instruction; plain error. | No plain error; defense waived or forfeited objection. | No plain error; assignment overruled. |
Key Cases Cited
- State v. Mills, 62 Ohio St.3d 357 (Ohio Supreme Court, 1992) (mixed question of law and fact in suppression review; appellate deference to trial court)
- State v. Burnside, 100 Ohio St.3d 152 (Ohio Supreme Court, 2003) (standard for reviewing eyewitness identification; reliability framework)
- Manson v. Brathwaite, 432 U.S. 98 (U.S. Supreme Court, 1977) (reliability vs. suggestiveness in lineup identifications)
- Simmons v. United States, 390 U.S. 377 (U.S. Supreme Court, 1968) (due process standard for eyewitness identification reliability)
- State v. Davis, 76 Ohio St.3d 107 (Ohio Supreme Court, 1996) (five-factor test for reliability of identification)