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STATE v. RUFF

Appeal No. C-110250.

2012 Ohio 1910

STATE OF OHIO, Plaintiff-Appellant, v. LAMOUR RUFF, Defendant-Appellee.

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

May 2, 2012.

Attorney(s) appearing for the Case

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

Roger Kirk , for Defendant-Appellee.

OPINION

FISCHER, Judge.

{¶ 1} The state of Ohio appeals from the order of the Hamilton County Court of Common Pleas that suppressed the pretrial identification of defendant-appellee Lamour Ruff by two eyewitnesses under R.C. 2933.83(C)(1) because the police had not complied with the requirements for photo lineups set forth in R.C. 2933.83(B). Whether R.C. 2933.83(C)(1) provides an independent ground for suppressing a pretrial identification...

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