State v. Fanning

Appellant advances three propositions of law:

1. “It is a denial of due process of law for a trial court to overrule a motion *20to 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 of irreparable misidentification.”

2. “The provisions of Revised Code 2945.71 et seq. are applicable to retrials, and therefore, a continuance of thirty days beyond the time…