State v. Hill
2011 Ohio 6217
Ohio Ct. App.2011Background
- On October 22, 2006, Brandon and Hayes witnessed a man in Hayes's car who jumped out, pointed a gun, and fled.
- Police observed that Hayes's car had a broken window and peeled steering column; description of the suspect matched Hill.
- Brandon and Hayes identified Hill as the man from a one-person show-up at a bar after the incident.
- Hill was indicted by a Mahoning County Grand Jury for aggravated robbery with a firearm specification.
- At a bench trial, the court found Hill guilty of aggravated robbery and the firearm specification, sentencing a total of six years.
- Hill filed a delayed appeal asserting ineffective assistance of counsel and challenges to the identification and verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was trial counsel ineffective for not moving to suppress show-up identifications? | Hill contends suppression would have been granted. | Hill argues identifications were impermissibly suggestive and unreliable. | No ineffective assistance; suppression would not have been granted. |
| Were the show-up identifications admissible and reliable under Biggers? | Identifications were reliable and properly admitted. | Show-ups were inherently suggestive and prejudicial. | Identifications were reliable; admissible. |
| Is the conviction supported by sufficient evidence and not against the manifest weight? | Evidence coupled with identifications supports guilt. | Conviction rests on impermissibly obtained identifications and lack of gun possession evidence. | Conviction is supported by sufficient evidence and not against the manifest weight. |
Key Cases Cited
- State v. Biggers, 409 U.S. 188 (U.S. 1972) (two-step reliability test for identifications)
- State v. Madrigal, 87 Ohio St.3d 378 (2000) (failure to file suppression may be ineffective assistance)
- State v. Conkright, 2007-Ohio-5313 (6th Dist. 2007) (motion to suppress could be ineffective assistance if would have been granted)
- State v. Tanksley, 2007-Ohio-6596 (10th Dist. 2007) (show-up identification analysis)
- State v. Sutton, 2007-Ohio-3792 (10th Dist. 2007) (show-up reliability considerations)
- State v. Eskridge, 38 Ohio St.3d 56 (1988) (weight of the evidence standard for bench trials)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (weight of evidence and credibility review framework)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (presumed competence of counsel; prejudice required)