State v. Roberson
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The Supreme Court affirmed the decision of the court of appeals reversing the judgment of the circuit court suppressing the victim's identification of Defendant, holding that State v. Dubose, 699 N.W.2d 582 (Wis. 2005), was unsound in principle and is thus overturned and that the State satisfied its burden that the identification was reliable.
The identification in this case began with law enforcement showing a single Facebook photo to the victim. Defendant argued on appeal that his suppression motion was correctly granted on the ground that the police utilized an unnecessarily suggestive procedure in violation of his due process rights as explained in Dubose. The Supreme Court overturned Dubose and held (1) due process does not require the suppression of evidence with sufficient indicia of reliability; (2) if a criminal defendant meets the initial burden of demonstrating that a showup was impermissibly suggestive, the State must prove under the totality of the circumstances that the identification was reliable even though the confrontation procedure was suggestive; and (3) under the totality of the circumstances of this case, the State satisfied its burden.
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