Carmichel v. State

OPINION

By the Court,

Thompson, J.:

By this direct appeal we are asked to set aside Carmichel’s robbery conviction for the sole reason that the trial court refused to suppress the in-court identification of him by the victim whose pretrial identification was made from photographs submitted by the police and in the absence of his counsel. We decline to do so and affirm the judgment entered below.

When the victim viewed the photographs, Carmichel was in custody, and the prosecutorial process apparently had focused upon him. He was without counsel and had not waived his right to counsel. The…