STATE v. FANNING

No. 81-679.

1 Ohio St. 3d 19 (1982)

THE STATE OF OHIO, APPELLEE, v. FANNING, APPELLANT.

Supreme Court of Ohio.

Decided July 14, 1982.


Attorney(s) appearing for the Case

Mr. Simon L. Leis, Jr., prosecuting attorney, Mr. Leonard Kirschner and Mr. James Applegate, for appellee.

Mr. Alma Yaros, for appellant.


REILLY, J.

Appellant advances three propositions of law: 1. "It is a denial of due process of law for a trial court to overrule a motion to suppress the in-court identification of the defendant and permit identification testimony, when the totality of the evidence establishes that the pre-trial, pre-line-up photographic identification procedure was so impermissibly suggestive as to give rise to a very substantial likelihood...

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