King v. Commonwealth

Dissenting opinion by

Justice STUMBO.

Respectfully, I dissent from the majority opinion because I believe Appellant should be entitled to a new trial due to the trial court’s failure to exclude the out-of-court and in-court identification of Appellant made by witness Karen Ross (cashier # 3).

First, I believe that the photo array shown to witnesses Ross and Devonda Carnes (cashier #2) was unduly suggestive. Most all descriptions of the suspect indicated that he was a black man in his mid to late thirties, approximately six feet tall, wearing eyeglasses and a blue and white jacket. Ross’s prior…