Roberts v. State

In this trial for possession of a firearm by a convicted felon, the trial court was asked by the prosecution to show a mug shot of defendant to an eyewitness who was unable to identify defendant in court. The trial court permitted the state to use the single photo to refresh the failing recollection of the witness. In the same trial, the trial court also allowed the state to ask this same witness to identify a photo of defendant’s girlfriend, depicting her lying in a hospital bed after a beating. The trial court permitted both the identification and the admission of the photo, concluding that…