Legal Opinion

State v. Dukes

Court of Appeals of South Carolina

Decided June 26, 2013No. Appellate Case No. 2011-196667; No. 5148PublishedCited by 6 opinions

1Opinion of the CourtFew, C.J.

A jury found Henry Dukes guilty of murder for the shooting death of Andrico Gowans. Dukes argues the trial court erred in refusing to suppress an eyewitness’s identification of Dukes for two reasons: (1) the pretrial hearing did not comport with due process because the detective who conducted the identification procedure was unavailable to testify; and (2) the identification procedure was impermissibly suggestive and created a substantial likelihood of misidentification. We affirm.

I. Facts and Procedural History

On the morning of November 2, 2007, Cornelius Ford witnessed Gowans’ murder. That…

2Cases cited25 opinions

  1. Neil v. BiggersSupreme Court of the United States · 1972
  2. Perry v. New HampshireSupreme Court of the United States · 2012
  3. United States v. Russell E. HillCourt of Appeals for the Sixth Circuit · 1992
  4. Bernal v. PeopleSupreme Court of Colorado · 2002
  5. State v. FullwoodSupreme Court of Connecticut · 1984

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3Cited by6 opinions

  1. State v. HardinCourt of Appeals of South Carolina · 2018
  2. State v. WyattSupreme Court of South Carolina · 2017
  3. State v. WhiteCourt of Appeals of South Carolina · 2016
  4. John Upson v. StateCourt of Appeals of South Carolina · 2024
  5. State v. HeywardCourt of Appeals of South Carolina · 2020

1 more not listed; retrieve them via the Exa API.

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