Majhanovich v. State
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The Supreme Court affirmed Appellant’s conviction for delivery of a controlled substance, methamphetamine, holding that, even if the photographic identification procedure used by law enforcement during their investigation of the crime was impermissibly suggestive, it did not give rise to a very substantial likelihood of irreparable misidentification.
During the proceedings below, Appellant challenged the photo identification in a motion in limine. The motion was denied. On appeal, Appellant argued that the photo identification procedure violated his due process rights. The Supreme Court disagreed, holding that the identification was sufficiently reliable to satisfy the demands of due process, and therefore, the district court did not err in admitting the identification.
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