King v. the State

I concur fully in Divisions 3, 4, and 5 of the majority opinion. But because I believe the trial court committed reversible error by failing to exclude the customer’s pretrial photographic and in-court identifications of King as the perpetrator, I respectfully dissent from Divisions 1 and 2.1 concur in the judgment only as to Division 6.

“On appeal, we will reverse a conviction based on a pretrial photo identification if the photographic lineup was so impermissibly suggestive that there exists a very substantial likelihood of irreparable misidentification.”11 A photo array is impermissibly…