In re D.C.

Citations

• 2019 Ohio 4860

Syllabus

IDENTIFICATION – SUPPRESSION – DUE PROCESS: The juvenile court did not err in denying the motion to dismiss the victim's pretrial identification of the juvenile who had shot him: the one-photo procedure used by police was arguably suggestive but the identification rested upon a basis independent from the one-photo procedure, when the procedure had been used to confirm an identification already made. The juvenile court's commitment of the juvenile under R.C. 2152.17 to the Department of Youth Services for one to three years for using a firearm in the commission of a felonious assault did not violate his due-process rights: the mandatory nature of the statute is rationally related to a legitimate governmental purpose the term of commitment mandated is neither an adult penalty nor a lifetime punishment and the statute provides the juvenile court judge with some discretion in fashioning a delinquency disposition.