State v. Whaley

Toal, Justice:

Samuel Whaley, appellant, was tried and convicted of burglary in the second degree, armed robbery and assault with intent to commit criminal sexual conduct. He was sentenced to consecutive terms of fifteen years, ten years and fifteen years, respectively. On appeal, Whaley asserts that the trial judge erred in refusing to admit into evidence expert testimony concerning the reliability of eyewitness identification. We agree; therefore, we reverse and remand for a new trial.

FACTS

On January 28, 1988, when Joye Eisele was working late, she received a phone call, at approximately…