State v. Headen

MOORE, Justice.

Defendant’s sole assignment of error is to the admission, over his objection, of the in-court identification testimony of the witness Deputy Sheriff Wiggs. Defendant argues that this testimony was tainted by pretrial identification procedures which were so impermissibly suggestive and unnecessary as to be conducive to a mistaken identification, and that the admission of evidence regarding this pretrial identification, as well as the in-court identification itself, was a violation of due process.

It is well established that the primary illegality of an out-of-court identification…