Goode v. DelawareAnnotate this Case
Defendant-appellant Jhavon Goode was convicted by jury of first degree assault, possession of a firearm during the commission of a felony, and carrying a concealed deadly weapon. The jury determined that Goode shot Jason Terry in the course of a drug sale in Milford. The court sentenced Goode to a total of eighteen years at Level V incarceration with credit for time previously served. Goode appealed, raising a number of arguments. The Supreme Court found no merit to any of these arguments. With respect to Goode’s primary argument, that Terry’s identification of Goode should have been suppressed as unduly suggestive because Terry identified Goode only after Terry’s cousin, Raye Boone, showed him a photograph of Goode, the Court held that a state actor must play a role in an identification before due process concerns arise. "If no state actor is involved in the identification, as was the case here, then the normal rules of evidence and procedure provide sufficient protection to the rights of the accused to challenge the identification." Accordingly, the Court affirmed the trial court's judgment.