Legal Opinion

Jenkins v. State

Court of Appeals of Georgia

Decided October 22, 1980No. 60160PublishedCited by 22 opinions

1Opinion of the Court

Shulman, Judge.

Appellant was convicted of rape, kidnapping and armed robbery. Finding no basis for reversal in any of appellant’s enumerations of error, we affirm his convictions.

1. In his first enumeration of error, appellant contends that an in-court identification was tainted by an unnecessarily suggestive out-of-court identification procedure. The basis of appellant’s complaint is that the two witnesses who identified appellant at trial viewed photographs of suspects at the same time in the same room.

While the better practice would be to separate potential witnesses during an…

2Cases cited5 opinions

  1. Hamilton v. StateSupreme Court of Georgia · 1977
  2. Perkins v. StateCourt of Appeals of Georgia · 1979
  3. Bradley v. StateCourt of Appeals of Georgia · 1980
  4. West v. StateCourt of Appeals of Georgia · 1969
  5. Breland v. StateCourt of Appeals of Georgia · 1975

3Cited by22 opinions

  1. People v. BrownCalifornia Supreme Court · 1985
  2. Harper v. StateSupreme Court of Georgia · 1982
  3. Correll v. StateSupreme Court of Florida · 1988
  4. Plunkett v. StateCourt of Criminal Appeals of Oklahoma · 1986
  5. Jones v. StateCourt of Appeals of Texas · 1986

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