STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
CARLOS R. GARNER, DEFENDANT-APPELLANT.
Court of Appeals of Ohio, Seventh District, Columbiana County.https://leagle.com/images/logo.png
December 21, 2012.
December 21, 2012.
Attorney(s) appearing for the Case
Atty. Robert Herron, Columbiana County Prosecutor, Atty. Ryan P. Weikart, Assistant Prosecuting Attorney, 105 South Market Street, Lisbon, Ohio 44432, for Plaintiff-Appellee.
Atty. Matthew H. Gambrel, 839 Southwestern Run, Youngstown, Ohio 44514, for Defendant-Appellant.
Cheryl L. Waite, Gene Donofrio, Joseph J. Vukovich, Judges.
Court of Appeals of Ohio, Seventh District, Columbiana County.
OPINION
WAITE, P.J.
{¶1} Appellant, Carlos R. Garner, shot Rick Austin, Jr. in the parking lot of a bar in East Liverpool, Ohio on May 25, 2010. He was identified by two of four witnesses in photographic arrays containing eight individuals similar in age and appearance. On appeal, Appellant challenges the trial court's denial of his motions to suppress and for dismissal. He contends that the photo array was impermissibly suggestive and...
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