Legal Opinion · Concurrence

Partridge v. State

Court of Appeals of Georgia

Decided September 7, 1995No. A95A1257Published

1ConcurrenceRuffin, Judge

Because one of the victims was able to positively identify Partridge in the pre-trial photo array and at trial, I concur in the judgment reached by the majority, but write separately to express my concerns with the inherently suggestive in-court identification by the other victim.

The majority holds that appellant’s issue is foreclosed by our Supreme Court in Ralston v. State, 251 Ga. 682 (2) (309 SE2d 135) (1983). I believe Ralston is factually distinguishable, hence not controlling. In Ralston appellants contended that their in-court identification should have been excluded from evidence…

2Cases cited7 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Ralston v. StateSupreme Court of Georgia · 1983
  3. Lowe v. StateCourt of Appeals of Georgia · 1975
  4. Mangrum v. StateCourt of Appeals of Georgia · 1980
  5. Williams v. StateCourt of Appeals of Georgia · 1985

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