In re S.A.

Citations

• 2019 Ohio 4782

Syllabus

Juv.R.22 motion to suppress hearing cold-stand identification Neil v. Biggers reliable totality of the circumstances ineffective assistance sufficiency and manifest weight of the evidence. The alleged delinquent was not denied a meaningful opportunity to contest the cold-stand identification when the trial court heard the evidence for the suppression issues and the adjudication simultaneously. Where the matter was presented to the bench, the same testimony was necessary for the suppression issues as well as the adjudication, the trial court permitted the parties to separately address the suppression issues after presentation of the evidence, and the court made explicit findings concerning the cold-stand identification prior to the adjudication, the alleged delinquent was not prejudiced by the trial court's failure to hold a separate suppression hearing. Under the totality of the circumstances, and considering the Biggers reliability factors, the victim's cold-stand identification was reliable, thus overcoming any suggestive nature of the identification procedure. Because the alleged delinquent was not prejudiced by the trial court's failure to hold separate hearings, defense counsel's consent to the court holding one hearing on the suppression and the adjudication does not constitute ineffective assistance of counsel. The evidence supports the adjudication of delinquency.