State v. Davie

The state appeals a pretrial order suppressing evidence. The issue is whether the in-court and out-of-court identifications of defendant and his voice by three witnesses were properly suppressed as fruits of an unnecessary and impermissibly suggestive identification procedure.

Sometime between 2 a.m. and 3 a.m. on August 25, 1980, a male intruder entered the Martinson home in Brownsville. Fawna Martinson, age 8, was awakened from her sleep by the intruder, whose hand was on her leg underneath her nightgown. Light from the kitchen entered the room through a partly open door. Fawna pushed the…