State v. Brown

There are two basic issues on this appeal: (1) Were the out-of-court identifications a product of an illegal confrontation or one so suggestive as to deny Brown due process of law; and (2) were the in-court identifications the product of or tainted by an unconstitutional confrontation?

The law is clear that an in-court identification must not be the result of an exploitation of illegality or tainted by a violation of due process of law. In the trilogy of lineup cases, United States v. Wade (1967), 388 U. S. 218, 87 Sup. Ct. 1926, 18 L. Ed. 2d 1149; Gilbert v. California (1967), 388 U. S. 263,…