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STATE v. SMITH

Appeal Nos. C-080712, C-090505

2009 Ohio 6932

State of Ohio, Plaintiff-Appellee, v. Ricky Smith, Defendant-Appellant.

Court of Appeals of Ohio, First District, Hamilton County.

Date of Judgment Entry on Appeal: December 31, 2009.

Attorney(s) appearing for the Case

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Philip R. Cummings, Assistant Prosecuting Attorney, for Plaintiff-Appellee.

Roger Kirk, for Defendant-Appellant.

DECISION.

J. HOWARD SUNDERMANN, Judge.

{¶1} Defendant-appellant Ricky Smith and his brother, Roger Smith, were indicted for murder and felony murder in connection with the stabbing death of Rodney Gorley. Following the denial of Ricky's motion to suppress identification testimony, Ricky and Roger were tried together before a jury.

I. State's Evidence

{¶2} At the trial, the state presented...

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