State v. Sawyer, Unpublished Decision (5-17-1999)

In his sole assignment of error, appellant argues that he was denied effective assistance of counsel because trial counsel failed to file a pretrial motion to suppress the out-of-court identification of appellant. Appellant contends that the identification of appellant shortly after the burglary: to wit, a "one-man show up," was impermissibly suggestive and violated his due process rights. The record shows that appellant was the only person shown to Rickett and that there were five police cruisers in the vicinity at the time.

To decide appellant's claim of ineffective assistance of counsel, we…