Jenkins v. State

Henry A. Jenkins (“Appellant”) seeks reversal of his conviction for armed robbery, asserting two errors by the trial court. First, he argues that the court erred by denying his motion to suppress the victim’s out-of-court identification of him as her assailant. Second, he argues that the court erred by failing to declare a mistrial after the prosecutor commented on his demeanor during closing argument. We conclude that the show-up identification procedure the police used in this case was not unnecessarily suggestive and did not create a substantial likelihood of mis-identification. We further…