Taylor v. State

Phipps, Judge.

After a bench trial, Arthur Taylor was convicted of burglary. He claims that the trial court erred by denying his motion to suppress identification evidence obtained by impermissibly suggestive means. Although the identification procedure used was impermissibly suggestive, there was not a substantial likelihood of misidentification. Accordingly, we affirm.

On January 12, 2003, someone kicked in the upstairs back door to Russell Hummewell’s house and took a bicycle, a suitcase, and some clothes. Between 3:00 and 3:30 that afternoon, one of Hummewell’s neighbors, Frank Tarullo,…