State v. McRae, 2011 Ohio 6157

Jones testified she closed Family Dollar after-hours, later identifying a man exiting the scene as wearing a red hat and black coat.
Police stopped McRae near the gas station across from the store shortly after the incident and returned him to the store for identification.
Jones identified McRae at the store, though she later testified she did not see the person’s face that night.
McRae was searched briefly in the field; later, a bag of suspected crack cocaine was found in the backseat area of the cruiser after he had been placed in it.
McRae was convicted of criminal damaging (second-degree misdemeanor) and drug possession (felony); restitution was ordered but later challenged.
The trial court’s restitution order was found to be unsupported by the record and was vacated on appeal; other issues were affirmed or remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance of counsel	McRae contends counsel's withdrawal of the suppression motion prejudiced him.	McRae argues counsel failed to pursue suppression of the identification and stop.	No reversible error; no reasonable probability of different outcome.
Sufficiency/weight of the evidence	State asserts evidence supported both offenses beyond reasonable doubt.	McRae claims the evidence was insufficient or weight was against the verdict.	Evidence supported criminal damaging and drug possession; not against weight or sufficiency.
Pretrial motion to dismiss for speedy trial	State argues the motion lacked merit and could be resolved from the record.	McRae asserts plain error for failure to rule on speedy-trial motion.	Assignment overruled; presumed denied, but no merit shown on record.
Restitution for misdemeanor	State requested restitution for damaged door; amount reflected costs.	Restitution amount lacked evidentiary support tying to actual loss.	Restitution order vacated; amount not properly tied to economic loss.
Journalization of verdict on forfeiture	Remand and corrected journal entries rendered issue moot.	Not explicitly argued; issue left unresolved.	Moot due to remand and correction.

State v. Kole, 92 Ohio St.3d 303 (2001) (ineffective assistance standard; Strickland framework)
State v. Bradley, 42 Ohio St.3d 136 (1989) (prejudice component of ineffective assistance)
State v. Peterson, Cuyahoga App. No. 80606, 2002-Ohio-4165 (2002) (reliability of show-up identifications under totality of circumstances)
State v. Martin, 127 Ohio App.3d 272 (1998) (reliability of identification under Biggers factors)
Neil v. Biggers, 409 U.S. 188 (1972) (factors for reliability of identification identifications)
State v. Madison, 64 Ohio St.2d 322 (1980) (single-source show-up admissibility; near-scene apprehension exception)