State v. Thompson
2013 Ohio 2235
Ohio Ct. App.2013Background
- Robbery of Gas and Stuff in Hamden, Ohio; appellant Thompson identified by the victim after a single photo shown by a sheriff's deputy on a mobile device.
- Photograph shown shortly after the incident; victim identified Thompson as the robber with no other photos presented.
- Thompson was indicted for aggravated robbery with firearm specification, among other counts; pretrial motions included suppression of the identification.
- Trial court denied the suppression motion after hearing the victim and deputy; jury convicted Thompson of aggravated robbery and firearm specification.
- Thompson was sentenced to seven years for aggravated robbery and three years for the firearm spec., to be served consecutively; this appeal followed.
- Appellant raises two assignments of error: (1) improper denial of suppression of the pretrial identification; (2) failure to instruct the jury under R.C. 2933.83(C)(3).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the pretrial identification unnecessarily suggestive, and was it unreliable under the totality of the circumstances? | Thompson | Thompson | No; identification was not unduly suggestive or unreliable. |
| Should the jury have been instructed about noncompliance with R.C. 2933.83(C)(3) based on alleged noncompliance evidence? | Thompson | Thompson | No plain error; no evidence of noncompliance was properly presented at trial. |
Key Cases Cited
- State v. Garvin, 197 Ohio App.3d 453 (2011-Ohio-6617) (two-prong reliability test for pretrial identifications; not unduly suggestive)
- State v. Waddy, 63 Ohio St.3d 424 (1992) (very substantial likelihood of misidentification standard)
- State v. Burnside, 100 Ohio St.3d 152 (2003-Ohio-5372) (mixed law-and-fact review of suppression rulings)
- State v. Conley, 4th Dist. No. 08CA784, 2009-Ohio-1848 () (reliability versus suppression considerations)
- State v. Mount, 2012-Ohio-4119 (4th Dist.) (identifications within a short time after crime support reliability)
- State v. Henry, 2012-Ohio-5552 (6th Dist.) (plain-error standard for failure to give statutory instruction)
- State v. Neil v. Biggers, 409 U.S. 188 () (factors for reliability of eyewitness identifications)
- State v. Dickess, 174 Ohio App.3d 658 (2008-Ohio-39) (reliability factors for eyewitness ID)