State v. Smith

A trial court has discretion to order a criminal defendant to be groomed before appearing in a lineup to duplicate his or her appearance at the time of the alleged criminal act. Unless the trial court is presented with irrefutable evidence that the defendant’s appearance at that time differs from eyewitness descriptions of the perpetrator of the crime, it is not an abuse of discretion to issue such an order based solely on those eyewitness descriptions. We decline to summarily restrict the trial court’s discretionary authority to issue such orders when the proper exercise of that authority is…