State v. Garrett

Citations

• 2017 Ohio 8492

Syllabus

The trial court did not err when it failed to instruct the jury on the issue of eyewitness identification pursuant to United States v. Telfaire, 469 F.2d 552, 558-59 (D.C.Cir.1972). Furthermore, appellant's trial counsel was not ineffective for failing to request that the Telfaire instruction be given in place of the standard jury instruction regarding the credibility of eyewitness identification testimony. The facts of the instant case do not present a situation where the special instruction would have resulted in a different outcome to the case's disposition. Appellant's convictions for aggravated robbery, felonious assault, and kidnapping were not against the manifest weight of the evidence. Judgment affirmed.