State v. McShann

Citations

• 2019 Ohio 4481

Syllabus

The trial court did not err by failing to suppress identification testimony from the only witness who placed appellant at the scene of a shootout. There was no evidence that the photo lineup the witness viewed was unduly suggestive, even though police may have failed to comply with R.C. 2933.83. Trial counsel also did not render ineffective assistance by failing to file a motion to suppress identifications of appellant's fiancée and sister, or to object to this identification evidence at trial. R.C. 2933.83 does not apply to single photo identifications, and appellant lacked standing to assert the legal rights of third parties. Finally, the trial court did not err in failing to require the State to identify a confidential informant. Appellant failed to meet the burden of showing that his need for the informant's testimony outweighed the government's interest in keeping the informant's identity secret. Judgment affirmed.