Simos v. State

This entire case turns on the identification of the defendant as one who burglarized the Radcliffe premises. Two primary issues are raised on this review:

1. Was the testimony of the state’s primary witnesses inherently incredible ?

2. Did the prosecutor fail to disclose to defendant certain exculpatory evidence?

Credibility of witnesses.

Defendant first argues that the identification by the Radcliffes was inherently incredible because it would be impossible for anyone to identify the couple passing in front of a car in such a short time. It is well established that this court will not upset a…