State v. McWilliams

ON REHEARING DENIED

FLETCHER, Judge.

The State has moved for a rehearing of the order denying its petition for writ of certiorari. For the following reasons we deny the State’s rehearing motion.

During the police investigation herein two separate photographic line-ups were created by the police. One line-up contained a photograph of defendant John McWilliams, the other line-up contained a photograph of defendant Darrell McWil-liams. During the deposition of a state-listed witness, counsel for the defendants attempted to use these police photo lineups in the questioning of the deponent. The State…