Cunningham v. State

*899OPINION

After the dead body of Suzette Ceci (“Suzette”) was discovered in the desert, a police investigation led to appellant Jamie Cunningham (“Cunningham”) as Suzette’s murderer. Cunningham was convicted of second degree murder with use of a deadly weapon and sentenced to life without the possibility of parole as a habitual criminal pursuant to NRS 207.010.

On appeal, Cunningham first argues that a photographic lineup identification by a highway patrolman who witnessed him driving Suzette’s car one week after her disappearance was unduly suggestive and should have been excluded. Second,…