Pease v. State

INTRODUCTION

I respectfully dissent from today's order dismissing Kevin Pease's petition for hearing as improvidently granted. During its deliberations, the jury that found Pease guilty of two counts of murder and other serious felonies conducted an unauthorized experiment to test the eyewitness identification evidence that tied Pease to the crimes charged. When the experiment was revealed some years later, the superior court judge who had presided over Pease's criminal trial granted him a new trial. In my view, we must defer to the superior court's fact findings. The identification evidence…