King v. the State

I fully concur in the majority’s opinion in Divisions 1 (b), 2, 3, 4, 5, and 6. I write separately, however, because I disagree with the majority’s conclusion in Division 1 (a) that the photo array was not impermissibly suggestive. After a review of the record, I find that the photo array used in this case was very troubling and unduly sugges*549tive. Accordingly, the trial court should have excluded this evidence. Nevertheless, the witness’s subsequent independent voice and in-court identification of King as the perpetrator cured the taint resulting from the impermissible photo array. I would…