State v. Poindexter

PHILLIPS, Judge.

Defendant’s first and main contention is that the pretrial photographic identification procedure employed by the State was unnecessarily suggestive and created a substantial likelihood that the identification at trial was tainted, thus requiring its exclusion. This contention is without merit. Following defendant’s motion to suppress, Judge Lewis conducted an extensive voir dire hearing thereon. Testimony at the hearing indicated that within twenty-four hours of the robbery a group of five to seven photographs was presented to both Burnette and Saunders, but on separate…