State v. Malone
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The Supreme Court affirmed in part and reversed in part the judgment of the court of appeals reversing Defendant's conviction of first-degree murder, holding that the court of appeals properly found that the identification procedures at issue in this case were impermissibly suggestive, but the identification procedures ultimately did not violate Defendant's statutory or due process rights.
After a trial, Defendant was convicted of first-degree murder and assault with a deadly weapon with intent to kill inflicting serious injury. On appeal, Defendant argued that the trial court erred in denying his motions to suppress the testimony of two eyewitnesses, including their in-court identifications of Defendant as the perpetrator of the crimes. The court of appeals remanded the case for a new trial, concluding that the eyewitness testimony was the result of impermissibly suggestive identification procedures and that the testimony was prejudicial. The Supreme Court reversed in part, holding that the court of appeals properly found that the eyewitnesses were subjected to witness identification procedures that were impermissibly suggestive but erred in failing to rule that the identification was sufficiently of independent origin to negate a substantial likelihood of a misidentification.
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