State v. Thompson
2012 Ohio 921
Ohio Ct. App.2012Background
- Thompson was charged with felonious assault with firearm specifications and having a weapon under disability; trial by jury ensued.
- Davis was shot on Aug. 3, 2010; Davis identified Thompson via a photo array after Detective Sowul’s inquiry.
- A blind-administered photo array led Davis to identify Thompson as the shooter; the array included Thompson among similar-looking suspects.
- Jailhouse recordings of Thompson’s calls were admitted; calls involved attempts to deter Davis from appearing at trial.
- Davis, Lumbus, and others testified; Davis’ testimony at trial differed from prior statements, and he ultimately identified Thompson.
- Thompson was convicted on all counts and sentenced to ten years; on appeal, he challenged pretrial identification, admission of recordings, and effectiveness of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pretrial identification admissibility | Thompson argues identification was unduly suggestive. | Thompson contends taint from the process tainted reliability. | No unduly suggestive procedure; admissible under Biggers factors. |
| Admission of jailhouse recordings | Recordings were authentic and properly authenticated. | State failed to authenticate retrieval/copying process. | Evidence properly authenticated; recordings admitted; jury discretion on identity. |
| Effective assistance of counsel | Counsel failed to file suppression motion and bifurcate disability charge. | Counsel acted within reasonable professional standards. | No ineffective assistance; decisions were reasonable given the record. |
Key Cases Cited
- Neil v. Biggers, 409 U.S. 188 (1972) (five-factor reliability test for eyewitness identifications)
- State v. Waddell, 75 Ohio St.3d 163 (1996) (plain-error standard for improper identification)
- State v. Harris, 2004-Ohio-3570 (2d Dist. 2004) (reliable identification despite suggestive procedure)
- State v. Thompson, 2009-Ohio-615 (8th Dist. 2009) (evaluation of pretrial identification procedures)
- State v. Williams, 2007-Ohio-3266 (8th Dist. 2007) (reliability considerations in identification evidence)
- State v. Were, 118 Ohio St.3d 448 (2008) (authenticity standard for recordings)
- State v. Moshos, 2010-Ohio-735 (12th Dist. 2010) (reasonable likelihood standard for recording authenticity)
- State v. Bell, 2009-Ohio-2335 (12th Dist. 2009) (authentication of recordings without perfect proof)