State v. White

MARTIN, Justice.

The defendant’s first assignment of error is that the trial judge erred in overruling his objection to LuPardus’s in-court identification of him as the assailant. He claims that his due process rights were violated because of circumstances surrounding two photographic lineups shown to the victim the morning and afternoon after the crimes were committed. We have carefully reviewed this assignment of error and find it without merit.

Identification evidence must be excluded as violating a defendant’s rights to due process where the facts reveal a pretrial identification procedure…