State v. Dale

Defendant-appellant, Rickey L. Dale, appeals from his conviction for robbery following a trial by jury in the Common Pleas Court of Franklin County. The appeal presents the issue, under what circumstances a trial court is required to instruct a jury on the potential unreliability of eyewitness testimony.

Mary Schlueb, a high school student, testified that, at approximately 3:30 p.m., on January 23, 1981, after having departed the bus on her way home from school, she noticed a man was following about ten to fifteen feet behind her; that, when he continued to follow her when she crossed the…