State v. Cole

The first contention of defendant on this appeal is that the out-of-court identification procedure was in violation of defendant’s constitutional rights in that she was denied counsel during the identification procedure. She also urges that the photographic identification procedure was “so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.” 1

To reach this contention we must first determine whether or not this defendant waived these objections.

The state did not offer evidence of any identification prior to that made at trial. All of the…