State v. Garner, 2012 Ohio 6271

Garner shot Rick Austin, Jr. in the parking lot of A1 Hideaway Bar in East Liverpool, Ohio on May 25, 2010.
Two of four witnesses identified Garner’s photograph as the shooter from three 6-image photo arrays created by a police detective using random selection.
Garner was arrested May 26, 2010 and indicted June 23, 2010 for felonious assault with a firearm specification.
Discovery and suppression motions interacted with the speedy-trial clock, and trial was initially set for August and then moved to September 28, 2010.
A suppression hearing occurred on August 30, 2010, after which two weeks were added to the trial schedule, and a further two-week continuance was granted for DNA analysis.
Garner ultimately pleaded no contest on September 28, 2010 and was sentenced December 3, 2010; his timely appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the photo array impermissibly suggestive?	Garner claims the array's skin tones and presentation were unduly suggestive.	State argues the array was not impermissibly suggestive given similar looks among many individuals.	Photo array not impermissibly suggestive; overruled.
Was Garner's speedy-trial right violated by timing/continuances?	Garner contends the trial occurred beyond the 90-day window without valid tolling.	State contends continuances (own-motion and court-granted) extended the timeline and trial was timely.	Two assignments overruled; trial timely; speedy-trial clock properly tolled.

U.S. v. Wade, 388 U.S. 218 (1967) (standard for evaluating pretrial lineups in due process)
State v. Davis, 46 Ohio St.2d 444 (1976) (speedy-trial rights under Ohio and U.S. constitutions; mandatory timing)
State v. Sheardon, 31 Ohio St.2d 20 (1972) (lineup not impermissibly suggestive where appearance closely resembles defendants)
State v. McNamara, 124 Ohio App.3d 706 (1997) (photo array not unduly suggestive where photos are similar in appearance)