Manns v. State

Dissenting Opinion

DeBruler, J.

Although I agree with the majority that the pre-trial photographic display used by the police on the day after the incident was clearly impermissibly suggestive, I cannot concur in the Court’s finding that there was no substantial likelihood that the victim’s in-court identification was based on the series of suggestive pre-trial identification procedures rather than on her independent recollection of her attackers on the night of her abduction.

At the outset I believe the record of this case establishes facts which indicate the victim may have been impeded in her…