State v. Whittey

The defendant, James Whittey, was convicted of burglary, RSA 635:1, after a second jury trial in the Superior Court (Manias, J.), and was sentenced to four to eight years in the State Prison. Prior to the first jury trial, which ended in a mistrial, the defendant moved to suppress evidence of an out-of-court show-up identification during which a witness identified the defendant as the burglar. The trial court denied the defendant’s motion to suppress, ruling that, although the identification procedures used were unnecessarily suggestive, the State had proven by clear and convincing evidence…