United States v. Baker

BAKER, Judge,

with whom RYAN, Judge, joins (dissenting):

I. SUGGESTIVE IDENTIFICATIONS

In United States v. Rhodes, 42 M.J. 287, 290 (C.A.A.F.1995), we adopted the two-part test established by the Supreme Court for assessing suggestive identifications: (1) whether a pretrial identification was unnecessarily suggestive; and (2) if the pretrial identification was unnecessarily suggestive, whether there was a substantial likelihood of misidentification. Thus, regarding both in-court and out-of-court identifications, there is a critical relationship between suggestiveness and misidentification. Neil…