State v. Kaelin

Timothy L. Kaelin appeals from a judgment of conviction for burglary as a repeat offender. Kaelin contends that out-of-court identifications made by two witnesses at the scene of the crime should have been suppressed because they were the result of impermissible suggestiveness by police. We conclude that under the totality of the circumstances, the "showup" procedure in this case was not impermis-sibly suggestive and therefore we affirm the judgment.

The issues on appeal arise out of the burglary of the Kenosha V.F.W. Post in the early morning of December 3, 1993. Upon entering the V.F.W. for…