State v. Iron Thunder

MORGAN, Justice.

This is an appeal from the Eighth Judicial Circuit of a conviction for rape and second-degree burglary. Defendant appeals on two principal grounds: (1) The trial court’s denial of a motion to suppress an allegedly suggestive photographic lineup and the subsequent in-court identification; and (2) the trial court’s failure to either dismiss the case or strike the testimony of two key prosecution witnesses, both of whom invoked the Fifth Amendment during cross-examination. We affirm the conviction.

In the early morning hours of May 27, 1977, at approximately 5:00 a. m., defendant…